Attachment 1 Exception to Fair Opportunity 1_Redacted.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 03/15/2023 Page 1 of 3 Revision: 02 Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C247-25-AP-2601

1. Contracting Activity: Department of Veterans Affairs, NCO 07, Dublin VA Medical Center, Justification for Other Than Full and Open Competition, VA2237: 557-25-4-2152-0163.

2. Description of Action: The proposed sole source task order against IDIQ Number SPE2D1-17-D-0023 is for a one-year base period with 4 one-year option periods, firm-fixed price (FFP) effort for a service agreement for the Symbia Intevo Bold SPECT located in the Nuclear Medicine Department, Bldg. 4a. Siemens Medical Solutions will provide parts and service, both preventative maintenance and corrective maintenance, for their equipment.

3. Description of Supplies or Services: The proposed action is to provide a full-service maintenance task order. This includes preventive maintenance, repair services, loaner parts, and emergency repair services. The equipment to be covered under this action is Symbia Intevo Bold, Site ID 400- 601629, and Symbia.net, Site ID 400-3601630.

Period of Performance and Estimated Costs:

Base Year: 07/01/2025 � 06/30/2026, Option Year 1: 07/01/2026 � 06/30/2027, Option Year 2: 07/01/2027 � 06/30/2028, Option Year 3: 07/01/2028 � 06/30/2029, Option Year 4: 07/01/2029 � 06/30/2030, Total Estimated Cost:

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(X) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

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( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source�. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

5. Rationale Supporting Use of Authority Cited Above: Siemens Medical Solutions USA, Inc is the only vendor able to meet the full requirements of the government in regards to preventive maintenance and software updates for the Symbia Intevo SPECT equipment. Further, Siemens currently has an IDIQ for maintenance services issued by the National Acquisition Center, High Tech Medical. This IDIQ has a Class Justification for an Exception to Fair Opportunity and has been filed with the requirements package.

6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Market research was conducted to determine if there were other vendors capable of providing the services as outlined in the Performance Work Statement. No other vendors were identified.

7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, and etc.

At this time, there are no actions that can be taken to remove or overcome barriers that lead to the exception to fair opportunity. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future action to be competed; however, all future requirements will be handled on a case-by-case basis to determine any future acquisition strategy.

8. Market Research: Provide a description of the market research conducted among the contract holders and the results. If market research was not conducted, the reasons it was not conducted should be stated. When citing FAR 16.505(b)(2(i)(b) or FAR 16.505(b)(2)(i)(e), the only possible way to state in paragraph 5 of the J&A that there is only one contractor who can fulfill the agency�s needs is to conduct market research, and it should be summarized here.

This is a single award IDIQ and a Class Justification for an Exception to Fair Opportunity and has been filed with the requirements package.

9. Other Facts: None

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10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Robert W. Magness Date Medical Administrative Officer/AOD Dublin VA Medical Center

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Pricing will be based on pre-negotiated rates as outlined in the above IDIQ.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Jacob A. Tackett Contracting Officer

RPO-E / NCO 07

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Constance L. Fields Branch Chief, PACT Team

RPO-E / NCO 07