JNA_36A79720F0197_541_B03004.pdf

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Justification for an Exception to Fair Opportunity FAR 16.505(b)(2)(i)(C) – Logical Follow-On

(1) Identification of the agency and the contracting activity.

This Justification for an Exception to Fair Opportunity is on behalf of VISN 10, VAMC Cleveland, OH Healthcare system, and will be executed by, the Veterans Affairs National Acquisition Center (NAC) located in Hines, Illinois.

(2) Nature and/or description of the action being approved.

This activity proposes to issue a sole-source delivery orders against Indefinite Quantity contract SPE2D1-17-D-0014 awarded to Philips Healthcare for the purchase of an enhancement to the existing VISN 10, Cleveland, OH VAMC Healthcare System network commercial Picture Archive and Communication System (PACS). This acquisition is for software, hardware, user licensing, and initial product support and training.

(3) A description of the supplies or services required to meet the agency’s needs, including the estimated value.

The IntelliSpace Cardiovascular R4.X Upgrade is an integrated multimodality image and information system designed to perform the necessary functions required for import, export, storage, archival, review, analysis, quantification, reporting and database management of cardiovascular digital medical images. This will include hardware and software upgrades in the existing space.

The total estimated value is $792,093.00

(4) An identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, including a demonstration that the proposed contractor’s 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 as a logical follow-on to delivery order V797C79926 and purchase order 541-B70014 that was issued under Contract SPM200-02- D-8321 in the amount of $230,790.00 an awarded 11/5/2007 in accordance with FAR 16.505(b)(2)(i)(C). Purchase Order # 541-B03004 will be awarded under Philips Healthcare IDIQ contract SPE2D1-17-D-0014. The new server is an upgrade to the current equipment’s hardware and software. The updated server is required for Cleveland, OH VA to be compatible and compliant for patient care. Only one awardee can provide the supplies or services to meet the needs of the Government. This equipment/system was previously installed in FY2009 and upgraded in FY2014. Phillips Healthcare is the only manufacturer capable of providing this upgrade. This upgrade has proprietary software and hardware which only the original vendor can secure, implement and support.

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This purchase request will be issued on a logical follow on basis as only one such awardee can provide the supplies or services required at the level of quality required for the workstation integration package. No other manufacturer can provide the necessary technology without losing compatibility and functionality of the entire system.

(5) A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

All items are currently on Philips Healthcare IDIQ contract VA797H-17-D-0014. The quoted price for each item is at or below the IDIQ not-to-exceed contract price, and the IDIQ contract pricing has been determined fair and reasonable by a contracting officer in accordance with 13.106-3, 14.408-2 and Subpart 15.4.

(6) Any other facts supporting the justification.

This request is considered urgent due to the age and functionality of the current system. This is a medical device which received FDA 510K (K153022) medical device certification in the specific configuration which the OEM manufactured. This information is known only to the OEM.

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Future requirements will be handled on a case by case basis and all attempts will be made to provide fair opportunity to all schedule holders.

(8) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

By signing this justification, the requiring activity hereby certifies that the justification is accurate and complete to the best of their knowledge.

(9) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

By signing this justification, the requiring activity hereby certifies that the justification is accurate and complete to the best of their knowledge.

(10) A written determination by the approving official that one of the circumstances in

(b)(2)(i)(A) through (F) of this section applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the exception at FAR 16.505(b)(2)(i)(C) since it is a logical follow-on to an order already issued under the contract. All awardees were given a fair opportunity to be considered for the original order.

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CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that any supporting data that is my responsibility and which forms a basis for the justification is complete and accurate to the best of my knowledge and belief.

Prepared by:

Anthony Lelli CCE

VISN 10

Biomedical Engineer

CONTRACTING OFFICER CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief.

Ann English Contracting Officer VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division (003B6C2)

Monica E. Mende Chief VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering-B Division (003B6C2)

COMPETITION ADVOCATE APPROVAL:

Craig Robinson Associate Executive Director National Acquisition Center – Hines