P03 Except_to_Fair_Opp _Redacted.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 1 of 4 Original Date: 08/30/2017 Date: 02/19/2021 Rev 06

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C260-21-AP-0912

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Regional

Procurement Office West, Network Contracting Office 20 on behalf of VISN 20, 531 Boise VA Medical Center 2237: 531-21-2-930-0030

2. Description of Action: The proposed sole source task order against HTME IDIQ VA797H-17-D-0012 Shimadzu Medical Systems. is for a base plus four firm-fixed price (FFP) to provide Preventive Maintenance for the Shimadzu SonialVision G4 System Site ID: 778 S/N M1C356487001 & Associated Canon DR system Site ID: 778 S/N 112102

CLIN P0P

Catalog No: Description Price

03/23/21 - 03/22/22

SVG4-1W-

SMA

SonialVision G4 Package w/Single panel DR 701C 14x17

03/23/22 – 03/22/23

SVG4-1W-

SMA

SonialVision G4 Package w/Single panel DR 701C 14x17

03/23/23 - 03/22/24

SVG4-1W-

SMA

SonialVision G4 Package w/Single panel DR 701C 14x17

03/23/24 - 03/22/25

SVG4-1W-

SMA

SonialVision G4 Package w/Single panel DR 701C 14x17

03/23/25 - 03/22/26

SVG4-1W-

SMA

SonialVision G4 Package w/Single panel DR 701C 14x17

Total

3. Description of Supplies or Services: Service Contract for Shimadzu SonialVision G4 Site ID: 778 S/N M1C356487001 & Associated Canon DR system Site ID: 778 S/N 112102

a) Contractor shall perform all Manufacturer specified repair and scheduled maintenance as published in the Manufacturer's Service Manual. Contract shall provide a copy of the Manufacturer's Preventative Maintenance Checklist published in the most current Manufacture's Service Manual.

B) Contractor shall provide Field Engineer (FE) Cov. Weekdays: Mon-Fri, 8AM-5PM, excluding CMI holidays.

c) The contractor shall provide 24/7 Technical Telephone Support.

d) Contractor shall provide Parts Delivery: Priority

e) Contractor shall provide PM Cov.: Mon-Fri, 8AM-5PM

f) Contractor shall provide Software Updates and keep each unit operating the manufacturer's most current software.

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 2 of 4 Original Date: 08/30/2017 Date: 02/19/2021 Rev 06

g) Contractor shall have all removable storage devices and/or software media, of any make, model or type, scanned for malware and/or malicious software, by either the BVAMC Biomedical Section, or ITOS Section, prior to inserting the removable storage drive or CD into any device for software update, upgrades, or any other reason.

h) Contractor shall not copy, or remove from the BVAMC, any hard drive that is installed in any equipment operated at the BVAMC, regardless of equipment ownership. All hard drives associated with, and/or installed in equipment operated at BVAMC, will remain the property of the BVAMC.

Hard drives shall be removed from the equipment upon failure and/or any repair that requires the equipment be removed from the BVAMC property.

i) Contractor shall furnish all supervision, labor, travel, equipment, parts, and supplies to accomplish preventative maintenance and corrective/repair services during the annual contract period.

j) Contractor shall be escorted by a VA employee and all work will be observed and monitored while performing work at the BVAMC.

k) Contractor shall adhere to all VA Policies pertaining to sensitive information and sensitive systems while performing work one Shimadzu SonialVision G4 and/or the Canon CXDI 70C/CXDI 701C Wireless Detectors while on-site.

l) Contractor shall use only OEM, or OEM approved parts for all maintenance and repair services.

m) Contractor shall provide a copy of the Service Report, either by email or by fax, no later than 5 workdays after the completion of the scheduled maintenance or repair service.

n) The Service Report shall contain the following information: 1) Contract purchase order number 2) Date service initiated 3) Date completed 4) Equipment make and unique dentification number/code

5) Description of original complaint 6) Problems found 7)Part/quantities installed 8) All work performed fully described

o) Contract shall bill monthly, in arrears, on one consolidate monthly invoice. Each covered System, or Device, shall be a separate line item of the consolidated monthly invoice.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i):

( ) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(X) FAR Subpart 16.505(b)(2)(i)(B): Only one awardee 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.

( ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 3 of 4 Original Date: 08/30/2017 Date: 02/19/2021 Rev 06 statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: The services are proprietary to Shimadzu Medical Systems USA. Only Shimadzu service personnel who are factory trained are qualified to work on the Shimadzu SonialVision G4.

6. Efforts to Obtain Competition: Market research was conducted the services are proprietary to Shimadzu Medical Systems USA. There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: Shimadzu Medical Systems USA. Provided a proprietary letter. That their Northwest Division located at 6161 NE 175th St., Ste 201, Kenmore, WA 98028 is the sole authorized VHAPM Part 816.5—Indefinite-Delivery Contracts Shimadzu Branch in the states of OR, WA, ID, and MT. As the authorized Branch, only Shimadzu Medical Systems USA. - Northwest Division can provide sales and service support for any of the Shimadzu products within the designated territory.

Due the proprietary nature of this procurement limited market research was conducted. Mandatory sources of supply were searched but the services were not found. Because the requested services are for imaging equipment a search of the High-Tech Medical equipment (HTME) was conducted.

The services are available on Shimadzu Medical Systems (HTME) contract VA797H-17-D-0012. Only Shimadzu service personnel who are factory trained are qualified to work on all equipment Shimadzu-NW sells and maintains.

9. Other Facts: N/A

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Donald B. Sedlacek Date Chief, Biomedical Engineering Boise VA Medical Center

11. Determination that Anticipated Cost is Fair and Reasonable: A fair and reasonable price determination will be made prior to contract award. This will be established in accordance with FAR 13.106-3(2) (iv) A comparison with similar items in a related industry. For example, 36C26120P0620

Donald B.

Sedlacek 1397672

Digitally signed by Donald B.

Sedlacek 1397672 Date: 2021.03.24 09:34:14 -06'00'

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 4 of 4 Original Date: 08/30/2017 Date: 02/19/2021 Rev 06

P00002 Awarded on 02/08/2021 in the amount of $81,750.60 for Preventative maintenance - DRX Revolution Mobile X-Ray System exercising option year 1. In addition, the contract price book reflects an additional 10% from Shimadzu’s service maintenance list price.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Gregory Watson

Date

Contracting Officer

NCO 20

13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Peggy L. Bowen Date Chief, Division I (Services, Supply, Prosthetics, WSNC)

NCO 20

JOFOC Log Number: 2021-03-22T12:29:59

Gregory G.

Watson 402571

Digitally signed by Gregory G. Watson 402571 Date: 2021.03.24 07:54:09 -07'00'

Peggy L. Bowen 1568934

Digitally signed by Peggy L.

Bowen 1568934 Date: 2021.03.26 17:30:34 -06'00'