N02RC62544-57_Redacted_J A.pdf

Justification and Approval for Sole Source Acquisition Under the Test

Program for Commercial Items

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS, NIH,

b. Sponsoring organization. NCI, CCR, Molecular Imaging Program

c. Project Officer Information.

• Project Officer: Karen Wong

• Mailing address: 10 Center Dr., Bldg 10, Room B3B69E, Bethesda, MD 20892

• E-mail address: kwong@mail.nih.go

• Telephone number: 301-443-0989

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

a. Acquisition purpose and objectives. The Molecular Imaging Program (MIP) is focused on the development of advanced imaging tools to further the treatment of cancer in humans. As part of MIP’s clinical effort, the Molecular Imaging Clinic houses a human Achieva 3.0T MRI Scanner (Philips Medical Systems) on which research patients are scanned. This has proven invaluable in the kinds of patients the lab sees at NCI.

The NCI is proposing to renew a service agreement for the Philips Achieva 3.0T MRI Scanner. This instrument is essential and important to MIP’s research in the Molecular Imaging Clinic.

b. Project background: This request is for a continuation of the service agreement for the human Achieva 3.0T MRI Scanner from Philips Medical Systems. The previous service agreement was for July 1, 2015 through June 30, 2016. No other subsequent service agreements have been in place.

This service agreement is required so that MIP may continue to perform patient scanning for the clinical trials if the instrument is in need of repair.

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

a. Project title. Philips Achieva 3.0T MRI Scanner Service Agreement

b. Project description. See attached SOW.

• Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action.

New requirement Follow-on – HHSN261201500053U Other (specify): ______________________

• Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

Acquisition identification number. N02RC62544-57.

c. Total estimated dollar value and performance/delivery period.

The total estimated cost is $167,240.00. The service agreement period is July 1, 2016 – June 30, 2017.

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1(a)(2).

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996 as authorized by FAR 13.106- 1(b)

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

TBD

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The service agreement for the Achieva 3.0T MRI Scanner from Philips Medical Systems is the only vendor that can perform repairs to this instrument because they are the sole provider of this instrument. Personnel are factory trained by Philips Healthcare and have experience in servicing the scanner. Introducing a new contractor at this point that cannot meet the response time to an emergency service call, provide software updates, and provide phone support or clinical applications support could disrupt the lab’s ability to daily perform scanning on prostate cancer patients on clinical trials.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The proposed contract action was publicized in the Federal Business Opportunities (FedBizOpps) web site on March 9, 2016 and closed on March 23, 2016 and cited as a commercial item purchase (as stated in FAR Part

12) with the authority to use simplified acquisition procedures for supplies and services as authorized is FAR Part 13.106-(b)(2) and 13.501-(a)(1). Two responses were received from SU Group and Financial Field Services. However, the COR determined both vendors to be technically unacceptable due to not mentioning their response time to an emergency service call or repair, hours to provide telephone support, and the number of preventive maintenance visits to be provided.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The NCI has estimated the cost to be $167,240.00 based on historical data to cover the cost for a 12-month service agreement for a government owned Achieva 3T MRI Scanner.

Based on the previous service contract award, as well as market research, the proposed price is $4,181.04 less than last year’s award amount. Therefore, the proposed quote is considered fair and reasonable to the government.

A final determination will be made prior to the award of this contract.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

A pre-solicitation notice was posted as part of the market research a key factor in the determination of other vendors who can or cannot meet the Government’s requirements at this time.

9. Any other facts supporting the use of other than full and open competition.

No additional information.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources have expressed any interest in wiring to the proposed acquisition.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

NCI anticipates the needs to be met successfully in this contract. In the event additional services are required, the NCI program office and the Contracting Officer will conduct market research to determine if there are any other sources available that can provide the required services. Market research will include a FedBizOpps announcement.