Attachment 1 SSJ- Radixact X7 Hardware and Software Maintenance_Redacted.pdf

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 5 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C262-26-AP-0387

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-26-AP-0387

1. Contracting Activity:

a. Department of Veterans Affairs

b. VISN 22

c. Greater Los Angeles VA Healthcare System

2. Nature and/or Description of the Action Being Processed:

This procurement is a new requirement as a follow on from a previous contract award 36C26223P1202 expiring on 09/30/2025. This action is for the approval of a sole source acquisition for the Government owned Radixact X7 Linear Accelerator System Preventative/ Corrective Maintenance and Inspection Services contract. This will be for a base plus one option year, firm-fixed price contract, which includes corrective/ preventative maintenance and inspection service support including software updates, firmware patches and technical support to cover components of the specialized Accuray radiation therapy equipment.

3. Description of :

The required maintenance and inspection services to the Radixact X7 Tomotherapy Linear Accelerator System used in the Radiation Oncology department at the Greater Los Angeles VA Healthcare System will include all upgrades and updates to the software, calibration, lubrication, testing, disassembly, checkout, and replacement of worn and/or defective parts to keep equipment in continual optimal working condition. The Contractor will provide intervening service calls, and 24/7 helpdesk support. The estimated total dollar value of the base year is $314,180.00;

the estimated total contract dollar value of the base plus one option year is $629,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

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Acquisition ID#: 36C262-26-AP-0387

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5.

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This is a follow on contract for the continued support services of highly specialized equipment used for radiation therapy to provide treatment to cancer patients located at the West Los Angeles VA Medical Center. The Accuray Radixact X7 Linear Accelerator is a specialized radiation therapy system used in the Radiation Oncology department for precision treatment of cancer patients. Due to the nature of the acquisition, this must be sole rements. The original equipment manufacturer (OEM) has proprietary licensing and software that is required for system operation and to maintain the applicable warranties. Only the manufacturer can provide the necessary licensing and software updates to maintain the system operations to prevent delays to veteran patient care from inadequate maintenance and support services performed by unqualified parties.

The specific manufacturer name Accuray Radixact X7 must be used in this requirement because this is the specific brand of the system currently in use at the West Los Angeles VA Medical Center within VISN 22. This system is continuously updated, and it is necessary that continued support is received for the exact brand of equipment that is onsite and in use. It would be inappropriate not to mention the specific Accuray Tomotherapy Linear Accelerator brand because that would inaccurately reflect the government's needs for support to the specific linear accelerator system in use at the facility. The use of the brand name Accuray is requiring continued support, so free and open competition is inappropriate since other third parties are not the original equipment manufacturers of the Accuray Radixact X7 Tomotherapy Linear Accelerator System.

The manufacturer, Accuray Incorporated, is the only firm capable of providing the hardware and software services outlined in Section 3, ensuring the facility avoids any significant delays in meeting its needs.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Extensive market research was conducted to ensure there were no other vendors awarded contracts for the type of requirement. All contracts identified for this requirement have been awarded sole source for only one source capable of performing these services. Section 8 of this document reveals the extent of market research performed to identify there are no potential and capable sources other than the manufacturer who provide these services.

A sources sought notice 36C26225Q1348 was posted on SAM Opportunities from 08/11/2025 08/20/2025 to identify if there are any potential sources capable of providing the services as described in the statement of work (SOW). A draft of the SOW was provided

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Acquisition ID#: 36C262-26-AP-0387 in the sources sought notice. All responses to the notice had to include documentation of technical expertise for the Governement to determine the potential sources possess the necessary functional area of expertise and experience to compete for the acquisiton. There were no responses received to this sources sought notice. Communication with the manufacturer was conducted to determine if any third party dealers were authorized to perform these services on their system. On 08/06/2025, the manufacturer, Accuray Inc, provided a sole proprietorship letter to confirm they are the sole provider for services on the Accuray Radixact Treatment System. Thorough market research was conducted in SAM.gov, and FPDS.gov to identify if there were any past solicitations issued for this type of requirement. Results showed there were no solicitations issued in the past for this type of requirement. All award notices were identified as sole source awards. A review of previous contract actions were sought to ensure that other similar requirements did not receive responses from other parties who were interested in providing these types of services.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated cost of this contract will be considered fair and reasonable. The basis for this determination will be pricing from previous contract awards listed in FPDS within the last 12 months for the same requirement. The services and scope of this work are similar to the current effort, except for possible number of units that were covered under the contracts.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was conducted as described in Section 6 above and in accordance with FAR Part 10. There were 228 SDVOSB/VOSB vendors identified in SAM listed under NAICS 811210, however, due to the specialized services to the software and hardware of this equipment, a sources sought notice 36C26225Q1348 was posted on 08/11/2025 to see if any qualified and capable vendors could be identified to perform the services for this requirement. There were zero (0) responses received upon closing of the sources sought announcement on 08/20/2025. Searched dsbs.sba.gov using NAICS 811210, and keywords and found no qualified potential small businesses, or any other Contractors that can perform this type of service on this equipment. FPDS resulted in five (5) previous contract actions awarded under NAICS 811210 and filtering through keywords for this type of requirement, all awarded sole source to the manufacturer, Accuray Incorporated. GSA and FSS resulted in zero (0) schedules listed for this type of requirement.

The facility program office submitted a sole proprietorship letter dated 08/06/2025 to confirm the manufacturer is the sole source provider for the Radixact Equipment and it services to include software upgrades, and firmware patches, and no other companies are authorized by the manufacturer to provide maintenance and repair services, and the software and hardware updates for this system. The manufacturers service engineers are the only authorized field service technicians who have full and exclusive access to the latest technical developments, repair processed, software application updates, and planned maintenance procedures needed to provide the requested services. Price sources were researched through NCO 22 active contract listing and FPDS.gov based off previous contract awards.