JA OVER SAT - 6-23-2021-Fully Signed_Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C255-21-AP-2674

1. Contracting Activity:

Network Contracting Office (NCO) 15, 3450 S 4th Street Trafficway, Leavenworth, KS. 66048

Department of Veterans Affairs, Robert J. Dole VA Medical Center, 5500 E. Kellogg Avenue Wichita, KS. 67218-1607

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

Brand Name requirement to provide service and maintenance for the Axiom Luminos Radiography System.

This is a request to establishment a sole source, firm-fixed-price contract for OEM service and maintenance of Siemens Axiom Luminos Radiography System. This equipment was installed at the Wichita VA Medical Center. The Axiom Luminos Radiography System will need to be upgraded, service patch applied, and maintained periodically. This request is for Base and 4 Option Years.

Proposed contractor:

Cassling Diagnostic Imaging Inc.

This acquisition is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The services required are for the furnishing of scheduled preventive maintenance as well as unscheduled service calls of installed Siemens brand radiography and fluoroscopy equipment located at the VA Medical Center. Scheduled service coverage (PM’s) includes installing the latest version of equipment software, all scheduled PM parts, Repair service, PM kit installation, calibration of devices, labor, travel, tools, test equipment, and other incidentals necessary to maintain and/or restore the contracted equipment to operating specifications according to manufacturer's recommendations throughout the term of the agreement. Coverage does not include all Unscheduled Service Labor, Repair Parts, and Travel for all unscheduled service calls.

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

These types of service calls will require a separate order to be placed.

Base and 4 option Years

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. .

( 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;

( ) (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. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority

Siemens is uniquely qualified to provide these services to the VA Medical Center based upon the following criteria:

a. The proper maintenance, repair and calibration of the radiography and fluoroscopy equipment is extremely critical. Equipment that is not properly maintained, calibrated, and tested can result in the delivery of invalid test results which could lead to misdiagnoses of patient. Having this equipment operate properly is therefore critical to the health of our patients. There is no room for any possible failure of parts, calibration of devices, and/or deviation from established maintenance or repair standards. Only factory trained and authorized technicians, utilizing Siemens proprietary diagnostic software specifically designed for the equipment, and the utilization of Original Equipment Manufacturer (OEM) parts can assure that this critical equipment operates properly.

b. As a Siemens’ authorized agent, Cassling Diagnostic Imaging Inc. may issue quotes for the sale of Siemens manufactured equipment on a Siemens’ quotation, and therefore Siemens’ terms and conditions of sale would directly apply to the end-user customer.

c. Siemens technicians maintain and use test equipment that meets all factory calibration specifications and are authorized technicians who are specifically qualified to work on only Siemens equipment. Siemens does contract with third party service providers to perform work in their name.

Cassling Diagnostic Imaging Inc. is trained by Siemens to maintain and service Siemens equipment based on the manufacturer’s guidelines, enabling Cassling to provide these services under the provisions of their own terms and conditions of service to the customer.

d. Cassling Diagnostic Imaging Inc. may also issue quotes for post-warranty services to end-user customers in the State of Kansas under Cassling’s own service quotation form, and therefore the terms and conditions of service that apply to the end-user customer are those that are negotiated between Cassling Diagnostic Imaging Inc. and such end-user customer. Siemens is not liable for the

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 satisfaction of the obligations of Cassling Diagnostic Imaging Inc. under any such post-warranty service contracts. (For purposes of clarification, Siemens does remain liable for the performance of its equipment warranty obligations under the sales agreements between Siemens and the end-user customer).

e. Cassling Diagnostic Imaging Inc. has access to OEM parts and supplies. Failure to utilize OEM parts may result in the improper operation of the equipment. Other vendors may have access to the required OEM parts, but do not stock the full range of parts, supplies and test equipment that is required to assure the maximum response times or reduction of downtime required by the VA Medical Centers. Only Siemens maintains a full inventory of spare parts to which Cassling has full access to for service of the Siemens equipment.

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

The Contracting Officer has checked all mandatory sources in which none exist. Sources sought was also conducted from 06/11 – 06/15/2021, however, no other firms can produce Siemens Service Letter. Only Cassling Diagnostic Imaging Inc. is authorized by Siemens in the State of Kansas.

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

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

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

N/A

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Cassling Diagnostic Imaging Inc.

13808 “F” Street

Omaha, NE 68137-1102

11. 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:

Proprietary service requirement. Only Cassling Diagnostic Imaging Inc. is the authorized partner of

Siemens in Wichita, Kansas.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

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