Justification for Exception to Fair Opportunity 618B09002.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)(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 Fargo, St. Cloud, Central Iowa, Iowa City, Omaha, Lincoln, Grand Island, Sioux Falls, Black Hills and Hot Springs and will be executed by the Department of Veterans Affairs National Acquisition Center (NAC – 36A797) located in Hines, IL.

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

This activity intends to issue a sole-source delivery order against Indefinite Delivery Indefinite Quantity (IDIQ) contract 36H79719D0016 Riverain Technologies.

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

VISN 23 needs the Riverain ClearRead CT application in order to better identify pulmonary nodules in patients. The application will help radiologists identify these nodules in the lungs of patients, thus identifying early on if the patient may have or may develop lung cancer, pneumonia, or other pulmonary fungal infections. The ClearRead CT software is a pulmonary nodule detection application that is FDA approved to automatically analyze all types of nodules including part-solid and ground glass. The application can suppress bone to allow clear visualization of nodules in the lungs, and it can automatically detect and measure the size of the pulmonary nodules. The software can also pull past patient images and allow the radiologist to compare the present and previous scans of the patient. This will help with determining if more nodules have appeared or if they have grown in size. The system is compatible with the PACS system and can analyze images from the different CT scanners at the Minneapolis VA. The ClearRead CT software is also compatible with the dictation system the Minneapolis VA currently has, Nuance Powerscribe, which give radiologists the ability to record notes on those images. The ClearRead CT is compatible with the systems at the Minneapolis VA and will help improve the patient care that we provide to the veterans. Pulmonary nodules can go unnoticed in CT images because they’re small in size, but with this application, the radiologists can better identify those items and provide a better diagnosis to the patients.

The value of the resultant order is $998,220.

(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) as only one contract holder 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. This

2 | P a g e independent software package is agnostic in terms of the imaging modality and works with images produced by all vendor systems. The software will be installed on a separate server and used to identify lung nodules in the images produced. Riverain is the only Contractor able to provide the software due to the proprietary nature of the items to be procured.

A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer for the resultant order has determined the prices offered to be fair and reasonable for this justification for an exception to fair opportunity. All items are priced at or below the contract price, which was previously determined fair and reasonable at time of contract award, and there have been no significant changes to the industry or market conditions that would result in changes to the reasonableness of the underlying contract prices.

Any other facts supporting the justification.

None

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.

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.

Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government’sminimum 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.

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)( )

. 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.

Caroline Campbell Date

VISN 23

Chief 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.

Coretta Daniels Date Contracting Officer VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division

Reagan P. Criddle Date VA National Acquisition Center – Hines Chief, High-Tech Medical Equipment Ordering Division

COMPETITION ADVOCATE APPROVAL:

Craig Robinson Competition Advocate (orders > $700,000 up to $13,500,000) Date VA National Acquisition Center – Hines Associate Executive Director Pursuant to 16.505(b)(2)(ii)(C))

Caroline A.

Campbell 594046

Digitally signed by Caroline A. Campbell 594046 Date: 2020.12.02 16:41:31 -06'00'

CORETTA S.

DANIELS 943246

Digitally signed by CORETTA S.

DANIELS 943246

Date: 2020.12.03 10:00:54 -06'00'

AMMHINCriddR Typewritten Text 12/3/2020