P03 JNA 558-B59001_Signed.pdf

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DEPARTMENT OF VETERANS AFFAIRS

Office of Acquisition and Logistics National Acquisition Center

P.O. Box 76 Hines, IL 60141

Justification for an Exception to Fair Opportunity - LOGICAL FOLLOW ON

(Implements the provisions and authorities of VA Class Deviation, modeled FAR 16.507-6, “Exceptions to fair opportunity”)

(1) Identification of the agency and the contracting activity.

This Justification for an Exception to Fair Opportunity is on behalf of VISN 6, VAMC Durham, NC and will be executed by the Veterans Affairs National Acquisition Center (NAC) located in Hines, Illinois.

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

This activity proposes to issue a sole-source delivery order as a logical follow - on against VA High Tech Medical Equipment (HTME) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract No. SPE2D1-17- D-023 as awarded to Siemens Medical Solutions USA, Inc. The proposed delivery order is to upgrade the existing Siemens 3T MAGNETOM MRI System to the MAGNETOM Sola Fit with new BioMatrix technology.

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

The upgrade will include hardware and software upgrades, required to bring the entire system to conformance. Upgrading to the MAGNETOM Sola Fit MRI system will upgrade the current system from Windows 7 to Windows 10 Operating System (OS). Additionally, the MRI’s chiller is currently at end of support. The chiller is a major component of the MRI system and replacement is required for basic MRI functionality and conformity.

The total estimated value is $ 978,872.00

(4) An identification of the exception to fair opportunity (per FAR Subpart 16.507-6 (b)(3) 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 resulting delivery order will be issued on a sole-source basis as a logical follow - on to Contract SPE2D1-17-D-023. The equipment was originally procured in FY2013, utilizing full competition via the September Consolidation. The items were subsequently procured under delivery order VA797H-12-5- 0375 against PO 483-B20002, and installation was completed. The life cycle of this equipment is an estimated 9 years; therefore, an upgrade currently is of much more benefit to the Government than a full system replacement. This upgrade will provide current technology while maintaining components of the original system, without requiring additional specialized site preparation.

The original equipment manufacturer (OEM), Siemens Medical Solutions USA, Inc, is the only contractor

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The OEM is the only organization capable of owning trade information about the system and as such is the only one qualified to provide and perform the upgrade, with the expectation that the systems will continue operating as expected in a safe manner.

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

All items are currently on Siemens Medical Solutions USA, Inc. IDIQ contract SPE2D1-17-D- 023. The prices under Siemens Medical Solutions USA, Inc. IDIQ contract remained the same from when they were awarded. The quoted price for each item is at or below the IDIQ not-to-exceed contract price, and the IDIQ contract pricing has been determined fair and reasonable by a contracting officer in accordance with FAR Subpart 15.4.

(6) Any other facts supporting the justification.

This upgrade will take the current system to Windows 11 and upgrade the chiller, which is necessary to bring the Greenville VA clinic to the current performance level. Upgrading the current MRI system to improve image quality/resolution, acquisition time, and dose reduction.

(7) A statement of the actions, if any, the agency may take steps to remove or overcome any barriers that led to the exception of fair opportunity before any subsequent acquisition of the supplies or services is made.

All prospective delivery orders are completed by all contract holders. Once an order is placed for proprietary equipment, it is generally not possible to compete follow-on acquisitions for upgrades because the system to be upgraded is proprietary in nature. Future requirements will be handled on a case-by-case basis, and all attempts will be made to provide fair opportunity to all schedule holders.

(8) 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 required activity hereby certifies that the justification is accurate and complete to the best of their knowledge.

(9) Evidence that any supporting data is the responsibility of the technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification has been certified as complete and accurate by the technical or requirements personnel.

The technical information contained in the proposal was reviewed and certified by the facility’s Biomedical Engineer and clinical end user and determined to meet the Government’s minimum requirements. By signing this justification, the required activity hereby certifies that the justification is accurate and complete to the best of their knowledge.

(10) A written determination by the approving official that one of the circumstances listed within the above cited FAR Part applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the logical follow on FAR exception since the planned acquisition is a follow-on to the original delivery order and the contract holders were given a fair opportunity to be considered for the original delivery order, via competition.

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DONALD

MORGE

Digitally signed by DONALD

MORGE

Date: 2025.09.05 08:44:33 -04'00'

CERTIFICATION AND APPROVAL

(Pursuant to the approval authorities of VA Class Deviation, modeled FAR 16.507-6 (e)(2), “Exceptions to fair opportunity”)

TECHNICAL/REQUIREMENTS CERTIFICATION:

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.

09/05/2025 Donald Morge Date Chief of Healthcare Technology Management Service Durham VA Health Care System

CONTRACTING OFFICER CERTIFICATION:

I certify that the justification is complete and accurate to the best of my knowledge and belief.

Date

Date

Ann English Contracting Officer VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division

Regina Blair Chief HTME Ordering Division VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division

COMPETITION ADVOCATE APPROVAL:

I certify that the justification is complete and accurate to the best of my knowledge and belief.

ANN ENGLISH Digitally signed by ANN ENGLISH Date: 2025.12.02 16:24:07 -06'00'

Date

Joy M. Smith Head Contracting Activity Strategic Acquisition Center and National Acquisition Center

12/2/2025

12/9/2025

Date3_af_date: 12/16/25