P03 FAR 13.5 Sole Source Justification - Over SAT - Elekta - Div Signed.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Last Updated: 02/01/22

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-22-AP-1515

1. Contracting Activity: Department of Veterans Affairs, RPO West, NCO 20 in behalf of Portland VA

Medical Center. 2237: 663-22-3-213-0054.

2. Nature and/or Description of the Action Being Processed: This procurement is for Full-service support (firm fixed-price) agreement for Elekta Synergy Platform Gold service in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This is for a one year contract to cover the equipment until the new replacement system is received. EST Cost: $400,027.00, with Option 52.217-8: $600,040.50.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall furnish all necessary labor, parts, transportation and equipment to provide “GOLD” coverage to ensure that all units are fully operational according to manufacturer specifications. Optional services added: Thyratron replacement, Electron Gun replacement, iViewGT Panel replacement coverage as needed. The following equipment will be covered by this service:

EE# Manufacturer Model Site#/Serial #

84078 Elekta Synergry 151953

76391 Elekta Synergry 151664

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Elekta Synergy Linear Accelerator is used to deliver high-dose radiation treatments for cancer patients. This equipment is crucial to achieving favorable patient outcomes (life or death). It must be working optimally to the greatest extent to administer safe and effective treatments for cancer patients, as scheduled.

Missed treatments may result in unfavorable treatment outcomes or even patient death.

a. Only One Responsible Source (FAR 6.302-1) – Elekta is the original equipment manufacturer of this system. This system is highly specialized, and requires proprietary tools, software, licensing, and knowledge to effectively maintain it in optimal working condition. Elekta is the only servicer with the specialized knowledge, and access to the proprietary tools, software and licensing to effectively maintain this system. To help ensure the linear accelerator and subassemblies are operating optimally, periodic updates and upgrades to software, firmware and hardware are required. Elekta is the only servicer with access to these updates, and doesn’t provide these updates and upgrades to any third-party servicers.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The Contracting Officer (CO) conducted a search on mandatory contracts lists and GSA, but found no overarching agreements. The CO also reviewed VIP with a key word search linear accelerator but found none capable of meeting the governments needs. The original equipment manufacture (Elekta) was contacted and they provided a sole source/proprietary service letter stating they are the only source for this service. Based on this information, no additional market research was conducted and this is recommended as a sole source to Elekta.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: IAW FAR 13.106-3(2)(ii), the proposed pricing provided by Elekta is considered reasonable when compared to prices found reasonable on previous purchases, see below:

36C24222C0036 – Awarded: 11/29/2021 for $1,348,899.00, for Linear Accelerator Maintenace. Base year cost for service (fewer components) $269,779.00.

36C25621P0053 – Awarded: 10/01/2021 for $1,137,707.99, for Linear Accelerator Maintenace.

Base year cost for service (fewer components) $227,541.60.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, was conducted in accordance with FAR Part 10. Based on the proprietary nature of the Linear Accelerator software upgrades and keys, Elekta is the only vendor that can satisfy this requirement at this time. Market Research drives the conclusion that there are no other vendors that can perform these services in their entirety as required by the Statement of Work.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Large business manufacturer Elekta.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: This service is needed to take this system to sundown. There is a replacement system being procured, the Turnkey Linac System.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. (This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Tiffany Wang Acting Chief, Facilities Management Service VA Puget Sound Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Robert Hamilton Contracting Officer Network Contracting Office 20

RPO West JOFOC Tracking#:2022-03-23T15:04:06

b. 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.

Brian Corey Chief, Division I (Services, Supply, Prosthetics)

Network Contracting Office 20

Robert W. Hamilton 902204

Digitally signed by Robert W.

Hamilton 902204 Date: 2022.03.23 15:37:35 -07'00'

Madison M. Pallante 1571906

Digitally signed by Madison M.

Pallante 1571906 Date: 2022.03.23 15:51:50 -07'00'