JNA 618-B99013 Signed.pdf

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Justification for an Exception to Fair Opportunity

FAR 16.505(b)(2)(i)(B) – Only One Capable Source

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

This Justification for an Exception to Fair Opportunity is on behalf of VISN 23, VAMC Minneapolis, MN 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 36H79719D0001 awarded to RaySearch Americas Inc. for the purchase of a Radiation Oncology Treatment Planning System for VISN 23; Minneapolis, MN VAMC Healthcare System. 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 RayStation Treatment Planning System that includes configurations that provides for eight simultaneous planning access points with training and accessories. All can be made available via Citrix and can be remotely accessed on the same LAN/WAN or via VPN. This will include hardware and software upgrades in the existing space.

The total estimated value is $1,022,330.00.

(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 in accordance with FAR 16.505(b)(2)(i)(B).

Purchase Order# 618-B99013 will be awarded under IDIQ contract 36H79719D0001.

The new Radiation Oncology Treatment Planning System is a replacement of the Radiation Oncology Treatment Planning System at the Minneapolis, MN VA. The purchase of RayStation will enhance the treatment planning process for the clinical staff and for the patients who are treated at the Minneapolis VA Radiation Oncology department by increasing accuracy and efficiency and will prevent disruption of service. This replacement will improve the representation of the patient anatomy, allow for comparisons of treatment plans, and offer other capabilities. This system is also compatible with the Linear Accelerators at the Minneapolis, MN VA. The current treatment planning system was originally installed in FY2014 and is at its end of life and is no longer supported by the vendor. RayStation comes with all the applications that the clinical staff needs and will include all the necessary hardware. Only one awardee can provide the supplies or services to meet the needs of the Government. RaySearch Americas Inc. is the original equipment manufacturer (OEM) that is

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This purchase request will be issued on a sole-source basis as only one such awardee can provide the supplies or services required at the level of quality required by the government. No other manufacturer can provide the necessary technology to replace the old Radiation Oncology Treatment Planning System at the Minneapolis, MN VA 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 RaySearch Americas Inc. IDIQ contract 36H79719D0001. 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.

The RayStation Treatment Planning System is approved by the FDA.

(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)(B) because only one awardee is capable of providing the supplies or services required at the level of quality required. The supplies or services ordered are unique and or highly specialized. 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.

Wendy Reyes

VISN 23

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