JA Varex Linear Accelerator Maintenance_final_redacted_sign.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD EXPLOSIVE ORDNANCE DISPOSAL TECHNOLOGY DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A No. FY24-APR22-36

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command, Naval Surface Warfare Center, Indian Head Division(NSWC IHD), Contracts Office Code 026.

2. Description of the Action Being Approved.

Award of a purchase order on a sole source basis for preventative maintenance and system repairs for three Varex M Series Linear Accelerators. The proposed awardee is:

Varex Imaging Corporation 6811 Spencer St Las Vegas NV 89119

3. Description of Supplies/Services.

The contractor will be required to provide preventative maintenance and inspection (PMI), emergency onsite service/repair, and respond to help calls via telephone and electronic methods for the VAREX equipment, which supports High Energy X-ray Inspection of energetics manufactured a

NSWC IHD.

This purchase order will consist of one base period and four 12-month options.

Government Minimum Needs Preventative Maintenance Visits 10 (2 annually) Repair Visits As Needed

The total estimated cost of the proposed purchase order action is $2M.

Estimated Dollar Value

FY25-FY29

Total

WCF $2M

Total $2M

4. Statutory Authority Permitting Other Than Full and Open Competition.

This acquisition is being conducted under the authority of 10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

NSWC IHD use Varex machines as part of the radiation safety process. Current NSWC IHD radiation safety Standard Operating Procedure (SOP)requires the use of this approved equipment.

Further, Current NAVSEA instruction, NAVSEA S0420-AA-RAD-010 REVISION 1A Radiological Affairs Support Program Manual requires that all maintenance and repairs be completed by an authorized manufacturer representative and NAVSEA RAD-010 mandates the use of Original Equipment Manufacturer(OEM) parts for repair.

Currently Varex is the proprietary owner of all technical data for these 3 pieces of equipment and has not authorized other vendors to utilize this information to complete maintenance or repairs on the equipment.

To rewrite current radiation safety SOPs is a duplication of time and cost as there is no technical basis for the change in equipment.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

For market research purposes a Sources Sought notice was posted on March 20, 2024, to the System for Award Management (SAM.gov) website to satisfy the requirement of Defense Federal Acquisition Regulation Supplement PGI 206.302-1(d).

Zero (0) responses were received in response to the sources sought.

As required by FAR 5.203, a pre-solicitation notice was also posted to SAM.gov on April 23, 2024, and zero responses were received.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NSWC IHD has no plans at this time to compete future contracts for the types of services covered by this document.

As this is a follow-on for services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).

J&A No. FY24-APR22-36

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

Upon the basis of the above justification, I hereby approve, as Deputy Chief of the Contracting Office, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

3204(a)(1).

Rachel N. Luther Date Deputy Chief of the Contracting Office

MARTIN.CYNTHIA.R.124

5998224

Digitally signed by

MARTIN.CYNTHIA.R.1245998224

Date: 2024.07.16 15:49:55 -04'00'

BROWN.JAMIE.LOUISE.12

63491811

Digitally signed by

BROWN.JAMIE.LOUISE.1263491811

Date: 2024.07.16 16:23:12 -04'00'

LUTHER.RACHEL.NEW

MAN.1039426982

Digitally signed by

LUTHER.RACHEL.NEWMAN.1039426982

Date: 2024.07.19 09:11:56 -04'00'