JEFO Justification for Exception to Fair Opportunity 528B43022 528B43023.pdf
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- Solicitation number
- 36A79725N0003
About this file
This document is a Justification for Exception to Fair Opportunity for a federal contract opportunity. It outlines the rationale for procuring the GE Healthcare Precision 180 Radiography and Fluoroscopy System on a sole-source basis under FAR 16.505(b)(2)(i)(B).
The key points are:
- Market research showed the GE Healthcare Precision 180 was the only system that met the space, technology, and performance requirements of the organization, including FISMA compliance and VA-ONE network integration.
- The Precision 180 was the only ergonomically suitable system to provide the required radiography and fluoroscopy services within the limited available space.
- Providing fair opportunity would result in unacceptable delays to critical Veteran healthcare services, while the alternative of community care would also cause significant delays.
- The estimated cost for the turnkey procurement of the Precision 180 system, including any necessary minor room modifications, is $810,967.20.
- The contract will be awarded to GE Healthcare on a sole-source basis as the only provider capable of meeting the unique requirements.
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| File | Type | Posted |
|---|---|---|
| Justification for Exception to Fair Opportunity.docx | DOCX document |
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Market research into other Radiography and Fluoroscopy equipment shows a disparity in the other vendors meeting the space, technology, and performance requirements. The chosen going forward, including X-ray and fluoroscopy studies, without the need to increase the equipment footprint in the limited available space. The organization reviewed patient handling in a confined space and determine that the GE Healthcare Precision 180 was the only ergonomically suitable to provide the service requirement in a safer manner considering the space restrictions.
In addition to the footprint requirements and limitations faced by the facility, the GE Precision 180 is the only system satisfying current Office of Information Technology FISMA requirements. Provided the facility had sufficient footprint to accommodate other systems, these systems would not be able to be deployed within the VA Operational Network Enterprise (VA-ONE). Non-FISMA compliant systems are often deployed under the VA Medical Device Isolation Architecture (MDIA) infrastructure, which recently were mandated by Executive Order 14028, Improving the Nation's Cybersecurity; VA Directive 6500 VA Cybersecurity Program VA Directive 6550 - Pre-Procurement Assessment and Implementation of Medical Devices/Systems to be removed. Providing fair opportunity would result in unacceptable delays to Veteran patient healthcare services to critical potential lifesaving diagnosis that need immediate attention after imaging is completed. The alternative to provide services in a community care (CC) setting would result in unacceptable delays where the average wait times are up to 90 days. This places Veterans who need immediate attention at risk further delaying lifesaving treatment plans while awaiting CC appointments to performed required imagining. The Precision 180* Radiography and Fluoroscopy System is the only system that successfully met all salient characteristics set forth by the organization.
These are the limited space footprint, network connectivity, FISMA compliance, technology advantage, increased future capacity, and increased patient access to care to minimize wait times as required by the Department of Veteran Affairs. The procuring of the Precision 180* Radiography and Fluoroscopy System was carefully reviewed and selected to improve Veteran
-ONE integration and meet current FISMA requirements.
GE Precision Healthcare Precision 180* Radiography and Fluoroscopy System cost is This requirement is designated as an all-inclusive purchase to include any minor modifications to the room to suit the equipment installation needs. There are no major construction effort effecting the room where the equipment will reside other than necessary to receive the equipment as specified by vendor specifications. All work is to be completed by GE Precision Healthcare. Albany VAMC has reviewed the turnkey rubric and determined the installation to be incidental to the equipment purchase. There is no additional square footage to the room, which is a key reason why other systems could not be considered.
(4) An identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed unique qualification or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value).
The order will be issued on a sole-source basis in accordance with FAR 16.505(b)(2)(i)(B) as only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
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