A.02 Limited Source Justification- signed.pdf

CUI

Control No: 22-RHCO-P 359

Version February 2017

Memorandum for Record Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Regional Health Contracting Office-E, U.S. Army Health Contracting Activity Landstuhl, Germany, 66849

2. Description of Action:

Nature: New Requirement x Follow-on Requirement

Contract Vehicle: Purchase Order Number Blanket Purchase Agreement (BPA) Number Order/BPA# against FSS Contract # Order # against Multiple Award IDIQ Contract Name or # Order # against a single award IDC Contract Modification # to existing PO/TO/DO/Call Order

Pricing/Contract Type: x Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: x Operations & Maintenance, Army (OMA) Other Funds:

FY: 22

Name of Proposed Contractor(s) and Address:

Varian Medical Systems, Inc.

3100 Hansen Way

Palo Alto, CA 94304-1030

Brand Name Buy: Yes x No

3. Description of Services or Supplies:

Madigan Army Medical Center, Radiology, Joint Base Lewis-McChord Tacoma WA is requesting maintenance support service contract for Government owned Varian Trilogy Linear Accelerator System. This agreement includes annual preventive maintenance visits and Calibration (CAL) and replacement of OEM parts as required on the system.

Version February 2017

For Actions without Options:

Period of Performance: 3 Sep 2022 to 2 Sep 2023

Total Value:

4. Authority:

x FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on

Version February 2017

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Varian Medial Systems, Inc. is the only source authorized to service the Government owned Varian Trilogy Linear Accelerator System operate with a Varian propriety system. Only Varian can provide and install Varian software upgrades and firmware patches for Varian products. In addition, they do not train 3rd party service providers in the commercial market. Only Varian service and support technicians can directly escalate to Varian Product Specialists, Product support Engineering and Engineering for service issues and product repairs.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, x apply and will be followed, or do not apply due to an exception at

5.202 .

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, noposting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research:

After conducting market research, there are many companies that could perform maintenance services but none of these companies have the proprietary rights to the system, software and replacement parts. Varian Medical Systems, Inc., the only source that can perform the maintenance services and there are no third-party vendors for equipment or services per their sole source letter they submitted.

Therefore, this will be a sole source acquisition.