JNA - PO - 659 -B90023_Signed.pdf

1 Page Source Selection Info – See FAR 3.104 & FAR 2.101

DEPARTMENT OF VETERAN AFFAIRS

Office of Acquisition and Logistics

National Acquisition Center P.O. Box 76

Hines, IL 60141

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.

The Department of Veteran Affairs, National Acquisition Center – National Contract Service, High Tech Medical Equipment Ordering Division proposes to enter into a contract on a basis of an exception to Fair Opportunity for the VISN 6, W. G. (Bill) Hefner VA Medical Center - Salisbury, NC.

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

The W. G. (Bill) Hefner VA Medical Center Cardiology Service at Salisbury, NC is requesting the modification of existing Cardiology Picture Archiving and Communication System (PACS). The upgrade of Philips Medical Xcelera platform adding the IntelliSpace Cardiovascular advance package, hardware, software and SQL Server 2016. This will include associated hardware upgrades that are affected by the upgrade. This upgrade to IntelliSpace Cardiovascular 4.x Advanced Package is a software application designed specifically to help streamline clinical workflow and improve operational performance across the entire cardiovascular service line.

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

As part of a system deployment, this requirement will provide for the expansion of a current system being utilized by the W. G. (Bill) Hefner VA Medical Center. The current system being used will be upgraded with Philips Medical IntelliSpace software and hardware.

The estimated cost of this procurement is $302,945.00.

(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 VA797N-15-J- 0019, in accordance with FAR 16.505(b)(2)(i)(C). Delivery Order 36A79720F0189 will be awarded under IDIQ contract SPE2D1-17-D-0014.

Only one such awardee is capable of providing the supplies or services. The equipment was originally procured and installed in FY2015. The original equipment manufacturer (OEM), Philips Medical System, is the only contractor who is able to provide the upgrade and as such is a logical follow-on to the original contract, due to the proprietary nature of the software upgrade. The OEM is the only organization capable of owning trade information about the system and as such is the only one qualified to provide and perform the upgrade, with the expectation that the systems continues operating as expected in a safe manner.

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Given that this system is the integration of a highly-specialized system and to avoid duplication of cost to the Government, recommend a sole source award to Philips Medical 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 Medical System IDIQ contract SPE2D1-17-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 is a medical device which received FDA 510K medical device certification in the specific configuration which the OEM manufactured it. 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 contract holders when appropriate.

(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 Contracting Officer hereby certifies that the justifications are 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 justifications are 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.

Jason Sheets Date VISN 6 Salisbury VAMC 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 Division (003B6C2)

8/13/2020