JA OVER SAT Varian Signed HCA.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 1 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: __36C241-20-AP-1189_________________________________________

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 1, 200 Springs Rd, Bedford, MA 07130 is responsible for the proposed contracting action 523-20-3-7441-0066.

2. Nature and/or Description of the Action Being Processed: This is a request for a noncompetitive, firm fixed price contract with Varian Medical Systems. Service and Support Agreement for the Varian TrueBeam Linear Accelerator and access to and use of the Varian Eclipse HW Refresh, Continuing Education Products, Support Services and Technical Services for the Boston VAMC.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This service will include, the TrueBeam Linear Accelerator and upgrades, and training on the Eclipse calculation workstation software located at the VA Boston Health Care System Radiation Therapy department within the Jamaica Plain Campus. This system is vital for treating oncology patients. The nature and scheduling of these patient treatments require 97% uptime of the TrueBeam System. The systems to be covered will include;

TrueBeam - Essentials H193181 PerfectPitch Couch HPR0853

MLC 120 HML1379

MV Imager HXMC911 KV Imager HXKC911 RapidArc Delivery HRD4677 TrueBeam Optical Imager HOIC911

ICVI HEC0390

Eclipse HW Refresh Calculation Workstation Eclipse v11 or higher Includes;

Replacement of an existing Eclipse calculation workstation with the latest calculation workstation;

re-install and configure the Eclipse software; and test the system.

Varian's help desk specialists will provide technical support for the Covered Equipment. Support is available over telephone, through the MyVarian portal, and by e-mail during Varian's Standard Hours.

Varian's help desk specialists will provide clinical product support for the covered equipment.

Support is available by telephone, through the MyVarian portal, and e-mail during Varian's Standard Hours.

Eclipse Continuing Education provide 96 hours of onsite training for previously trained Varian products.

OFOC SOP Revision 09 Page 2 of 4

Revision 09 Date: 04/17/2020

Remote access for Varian software products that require, customers having a Remote Access (SmartConnect) connection enabled. Varian provides remote diagnostics and support during Varian's Standard Hours for service of a defect or an error that cannot be resolved by telephone or e-mail.

The total estimated amount is 1,847,770 for a base period and four (4) one-year option periods.

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;

( ) (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):

Varian’s Clinic and TrueBeam Delivery System products (including Calypso and RPM Gating) and ARIA as well as Eclipse products utilize proprietary Varian technology. SmartConnect is Varian’s proprietary remote support and diagnostic service tool utilized by Varian support personnel.

Varian’s service & support training, procedures and documentation are intellectual property of Varian and proprietary. The same applies to Varian’s service escalation process and resource availability (National Technical Support Specialists, Product Support Engineering and Engineering) for service issues/product repairs that may require the highest level of product expertise, which only Varian is capable to provide.

As the sole OEM provider of this equipment, parts and service in the United States, all parts and labor will be acquired from Varian. Only Varian technicians will be able to service the equipment.

Only One Responsible Source (FAR 6.302-1) – Such as Varian can provide continued support on the� highly specialized equipment. This “highly specialized” equipment was purchased off a National Acquisition Contract, (NAC) contract 36H797-19-D-0014 and categorized as High-Tech Medical Equipment. The manufacturer’s warranty will be expiring, and any unacceptable delays will add increased cost.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Researched Vetbiz using NAICS Code 811219, Keyword Truebeam and Varian yielded zero results. A pre-solicitation notice (36C24120Q0327) was posted 4/28/2020 using NAICS code 811219 and there were four responses. (see Para. 8). The NAC does have a Varian contract but the pricing for the required services were not posted which means that the services are not covered by the NAC contract.

OFOC SOP Revision 09 Page 3 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The total cost of $1,847,770 for a base period and four (4) one year option periods is considered fair and reasonable based on a comparison with the commercial market and other VA contract for similar services such as 36C25618N0406. To ensure the final contract price will be fair and reasonable Contracting will be meeting with the vendor to finalize discounted services.

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

NACS Code 811219 and keywords “Truebeam and Varian” pursuant to FAR Part 10 to satisfy VA Rule of Two policy and the search yielded zero results.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.” There were four responses to include the OEM, one was a foreign company from India, another from LE3, LLC, and from The Remi Group. None of the vendors can provide the software upgrades and as stated by a vendor in their response to the RFI "They provide all services except upgrading of software which is wholly owned by the manufacturer.

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

Varian has proprietary services such as software upgrades and remote services that would not be available to third party vendors. The Truebeam equipment shall maintain OEM compliance. Allowing this service to be performed other than the OEM would greatly put undue risk to the equipment and the patients.

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

Varian Medical Inc., Rakhi Patil, LE3 Inc and The Remi Group.

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:

There are no actions planned at this time due to proprietary limitations. Because the contract duration is for more than one year, 90 days prior to each option the market research will include a brief narrative on, if the market conditions have changed.

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.

Nicholas Philbrook Date Admin Officer

CE

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

NICHOLAS J.

PHILBROOK

1712668

Digitally signed by

NICHOLAS J. PHILBROOK

1712668 Date: 2020.05.05 07:30:46 -04'00'

OFOC SOP Revision 09 Page 4 of 4

Revision 09 Date: 04/17/2020

Harold Nice Date Contracting Officer

VISN 1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Victor Martin Date Branch Chief, Services Team South

VISN 1

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Maletta, Joseph Date VHA Head of Contracting Activity (HCA)

5/5/2020

HAROLD W.

NICE 405602

Digitally signed by HAROLD W.

NICE 405602

Victor E. Martin 951727

Digitally signed by Victor E. Martin 951727 Date: 2020.05.05 07:59:37 -04'00'

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2020.05.05 13:59:20 -04'00'