REDACTED_-Justification-Approval_Document__Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 1 of 4

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to all J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 81st Contracting Squadron

Purchase Request / Local ID Number: F2J4PC9150AW02

Program / Project (and PE, if applicable): Varian Radiation Therapy Equipment Maintenance Repair and Software Support

Program Type (PEO or Other Contracting): Other Contracting (Operational)

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

25 Jul 2019

Requiring Activity BRYAN J. WALLACE, 2d, USAF Functional Services Manager

81 MDSS/DSN: 591-7777, COM: 228-376-7777

Signature

Date

25 Jul 2019

Contracting Officer

DEITRE L. BROWNE

81 CONS/DSN 597-1833 COM228-377-1833

Signature

Date Local Legal Reviewer JED A. WANGSGARD, Maj, USAF

81 TRW/JA/DSN 597-8125 COM 228-376-8125

Signature

Date

31 Jul 2019

Chief of the Contracting Office (COCO) BRUCE HEBERT, Maj., USAF

81 CONS/DSN:597-3230 COM: 228-377-3230

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

09 Aug 2019

Competition Advocate

DAVID E. JONES, NH-IV

AFICC/KT DSN:487-1722

Signature

WALLACE.BRYAN.JA

MAAL.1472599212

Digitally signed by

WALLACE.BRYAN.JAMAAL.14725

99212 Date: 2019.07.25 11:39:05 -05'00'

BROWNE.DEITRE.LYNN.

1174194110

Digitally signed by

BROWNE.DEITRE.LYNN.1174194110

Date: 2019.07.25 12:30:36 -05'00'

WANGSGARD.JEDEDIA

H.ALLEN.1384328039

Digitally signed by

WANGSGARD.JEDEDIAH.ALLEN.1384328039

Date: 2019.07.26 16:44:04 -05'00'

HEBERT.BRUCE.L.12701

13156

Digitally signed by

HEBERT.BRUCE.L.1270113156

Date: 2019.07.31 12:02:23 -05'00'

JONES.DAVID.E.123094

Digitally signed by

JONES.DAVID.E.1230945418

Date: 2019.08.09 09:32:49 -05'00'

March 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

Justification for Other Than Full and Open Competition 81st Contracting Squadron/ LGCB(AETC) Keesler AFB Biloxi, MS

II. Nature and/or description of the action being processed.

This action will be accomplished by issuing a firm fixed price contract to Varian Medical Systems, Inc. 660 N McCarthy Blvd, Milpitas, CA 95035-5122. The estimated total cost is for a 12-month base period and four 12-month option periods.

III. Description of supplies/services required to meet agency needs.

This acquisition is for the purchase of equipment maintenance and software support for radiation therapy equipment from Varian Medical Systems, Inc. The contractor shall provide preventative maintenance, calibration, repair, and parts replacement of Government radiation oncology equipment. Services include on-site emergency labor, remote access and diagnostics, help desk for technical support, and comprehensive firmware coverage for upgrade releases of software that is proprietary to Varian. Qualified contract personnel will perform work IAW the Performance Work Statement with no direct supervision. Contracted employees coordinate preventative maintenance schedules, repairs, arrivals and departures with the Keesler Medical Equipment Repair Center (MERC) and the Contracting Officer Representative.

The Keesler Radiation Oncology Department operates a Varian Linear Accelerator used to provide radiation therapy for cancer patients. The treatment planning calculations are performed on the computer using a Varian program called Eclipse. The clinical applications as well as delivery and verification of appropriate therapy are controlled with a program suite called Aria. Many of the critical functions of radiation therapy are controlled by Eclipse and Aria software. The combination of frequent use and complexity of the software leads to software failures. Software problems must be addressed immediately to avoid delays in patient care. Our medical center does not have qualified in-house staff to maintain this equipment. Delays in the radiation therapy can lead to tumor growth and missed opportunity to cure a patient of a deadly disease.

Maintenance items: there are ten equipment items listed in Appendix A of the PWS and 54 software items listed in Appendix B.

Funding: this acquisition will utilize 0130 Defense Health Program funds.

The proposed CLIN structure includes one CLIN for monthly Equipment Maintenance/Repair costs and one CLIN for monthly Software Maintenance costs. The structure for the base and all option periods will be as follows:

CLIN Description Unit of Issue

X001 Equipment Maintenance/Repair Month (FFP) X002 Software Maintenance Month (FFP)

March 2018 FOR OFFICIAL USE ONLY Page 3 of 4

IV. Statutory authority permitting other than full and open competition.

The statutory authority permitting the other than full and open competition for this acquisition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 and required by FAR 6.303-2(b)(4).

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The 81st Medical Group (81 MDG), Oncology/Radiation Clinic currently uses a linear accelerator from Varian Medical Systems purchased at command level (AETC/AFMOA/DHA). The 81st Contracting Squadron (81 CONS) is not involved in the procurement of this equipment. Keesler's sole requirement is to maintain the equipment once it arrives. Market research conducted via a sources sought synopsis posted on Fed Biz Opps yielded one response; however, the vendor was not a viable choice. The contractor's response package did not include any Varian Radiation Therapy equipment, nor did they indicate capability to service said equipment. Due to the proprietary nature of the equipment and software, Varian is the only company that provides maintenance and software support for the system. Additionally, awarding to any other firm would void any warranty from the manufacturer, Varian Medical Systems. The 81 MDG believes that awarding to any other source who is unable to perform would negatively affect patient care. Without coverage, any maintenance, calibration, or repair would be delayed. The clinic cannot treat patients if the Varian system goes down. If the system goes down for more than a week, the clinic would have to consider transfer of care to a different facility, which could delay treatment for weeks. Delay of treatment would have a direct impact on treatment outcomes, increasing the risk of treatment failure. In addition to Keesler beneficiaries, Veteran Administration beneficiaries utilize the Keesler facility. Treatment costs range from per treatment site. One patient can have multiple sites on the body requiring treatment. Keesler invoices almost for treatment of the VA patients alone. The anticipated impact of transferring patients would be a , based on the Keesler and VA beneficiaries treated at the facility.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

This acquisition requires a synopsis in accordance with FAR 5.201.

A Sources Sought Synopsis was issued on 10 July 2019; Number KAFBVarianEquipmentMaintenance; titled Varian Radiation Oncology Equipment Maintenance and Repair. The sources sought closed 16 July 2019 with one response received from RV Global Solutions Inc. (RV Global). While RV Global did have past performance in equipment maintenance, none of the equipment referenced was radiation oncology equipment.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

As per FAR 6.303-2 (b)(7), the contracting officer will determine the anticipated cost to be considered fair and reasonable using price analysis techniques and procedures listed in FAR 15.404-1 (b)(2).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by posting a sources sought synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from

March 2018 FOR OFFICIAL USE ONLY Page 4 of 4 interested parties.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Varian has stated that Varian software information is proprietary and that they are the only company that can maintain the equipment and provide software support .

X. List of any sources that expressed, in writing, an interest in the acquisition.

RV Global Solutions Inc Cage - 6TC84

DUNS - 030990136

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The Radiation Therapy equipment is purchased at a Command Level and any efforts to overcome barriers to competition would certainly be addressed at that level. Because 81 CONS is not directly involved in the purchase of the equipment and 81 MDG is tasked to maintain said equipment, there is nothing to be done at the local level.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.