P03-JA_fully signed.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Page 1 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-1641

1. Contracting Activity: Department of Veterans Affairs, VISN 2

Network Contracting Activity (2-90NCA) Buffalo VA Medical Center 3495 Bailey Avenue Buffalo, NY 14210

VA2237 Purchase Request# 528-21-1-4803-0002

2. Nature and/or Description of the Action Being Processed: This procurement is for other than full and open competition for the service and maintenance of the Hologic Mammography, model Selenia Dimensions Tomosynthesis System at the Buffalo VAMC, 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.

The service maintenance agreement includes the following: On-site and telephone support to include labor and parts, preventative maintenance services, and software support and updates. The proposed contract action shall be provided by Hologic Limited Partnership (Hologic) at: 250 Campus Dr, Marlborough MA 01752 for a base and four option years from October 1, 2020 through September 30, 2025 with a firm fixed-price contact with a total cost estimated to be $338,089.52.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The requested service maintenance agreement consists of the following:

Telephone and remote diagnostic and repair support 24/7, 365 days/year.

All replacement parts including glassware (x-ray tube and digital array detector).

All Labor & Travel coverage Monday through Friday, 8:00 a.m. to 5:00 p.m., local time, exclusive of Federal Holidays, technician to be onsite with 24hrs of initial request.

Emergency coverage 5 p.m. to 9 p.m., local time, when call is received by 2:00p.m.

Two Preventive Maintenance inspections per year Includes all Software Updates and enhancements commercially released during term of the agreement for the products/options purchased, in addition to all Safety and Quality Updates.

ACR Compliance.

Excludes new hardware or additional hardware that is required to run software updates or upgrades

OFOC SOP Revision 09 Page 2 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

Provides replacement for all paddle plastics and face shields broken during the agreement coverage term. Includes five spare paddles to be shipped at the start of agreement coverage term.

Emergency on-site Saturday Coverage.

Renew CPU Hardware Obsolescence. One computer hardware upgrade per covered system will be provided during the service agreement term.

4. Statutory Authority Permitting Other than Full and Open Competition:

( x ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C.

1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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 system can only be maintained by the original equipment manufacturer (OEM): Hologic. In order to troubleshoot and repair the equipment, access to Hologic diagnostic software is required. This diagnostic software is proprietary and available only through Hologic. The system software updates, access to on-line training documentation and remote diagnostic support are also only available from the OEM.

Additionally, Hologic is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to Sole Source (36C24220Q0646) was published to Contracting Oppertunities. The notice ran from 5-15-2020 and ended 5-25-2020 only (1) interested party responded (The Remi Group). However, after contacting them they verified that they would not be able to support the software portion of the requiremenet. Additionally, we received a Sole Source Letter from the OEM (Hologic Limited Partnership) that stated only Hologic technicians can service their equipment and they do not authorize third-party vendors or currently have any other authorized vendors for use. A search of VIP utilizing NAICS: 811219 and keyword Hologic uncovered no potential SDVOSB/VOSB sources. A search of GSA Advantage identified (2) potential sources, Mathews Specialty Vehicles, Inc. and A2A Integrated Logistics, Inc., however neither vendor offers a service component under their current contract that would meet the needs of the current

OFOC SOP Revision 09 Page 3 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 requirement. A DSBS search utilizing NAICS: 811219 showed (2) potential sources however after a review of the vendors websites it does not appear that they offer the services required.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated cost to the government was determined to be fair and reasonable based upon a comparission of the total contract value of the current active contract (VA528-16-P-0947, $304,491.33), and the anticipated contract value of the new requirement ($338,089.52). The increase of 11.03% is due to the fact that the initial contract base year was only a partial year that ran from 4-20-2016 through 9-30-2016. The initial contract (had the base year have been a full year), the total value would have been: $309,925.00, which when compared to the proposed contract value will only be a 9.09% increase. Over a 5-year span this percentage increase is considered to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See block #6

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: The Remi Group was the only vendor to express in writing an interest in the requirement. However, after contacting them they verified that they would not be able to support the software portion of the requiremenet. Aside from The Remi Group, no other vendors expressed interest in this requirement as a result of the Notice of Intent to Sole Source posted to Contracting Oppertinities (36C24220Q0646).

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: None, as the main barrier to competition are patents and copyrights held by the manufacturer Hologic.

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.

Date _____________________________ Name:

Title:

Biomedical Engineering Facility: Buffalo

VAMC

Lisa M. Rummings 326856

Digitally signed by Lisa M.

Rummings 326856 Date: 2020.06.02 07:21:41 -04'00'

OFOC SOP Revision 09 Page 4 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

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.

Name: Janine Childs Date Title: Contracting Officer Facility: Buffalo VAMC

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name:Cheryl Brimmer Date NCO02 Supervisory Contract Specialist

Facility: Bath VAMC