P03_-_JNA_565B80007.pdf

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DEPARTMENT OF VETERAN AFFAIRS

Office of Acquisition and Logistics National Acquisition Center

P.O. Box 76 Hines, IL 60141

Justification for an Exception to Fair Opportunity FAR 16.505(b)(2)(i)(C) – Logical Follow-on

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

This Justification for an Exception to Fair Opportunity is on behalf of VISN 6, Fayetteville VA Medical Center (VAMC) and will be executed by the Department of Veterans Affairs National Acquisition Center (NAC – 36A797) located in Hines, IL.

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

This activity intends to issue a sole-source delivery order against Indefinite Quantity contract SPE2D1-17-D-0027 awarded to Hologic, Inc. (“Hologic”) to upgrade the existing Mammography Imaging system at the Fayetteville VAMC.

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

The Fayetteville VAMC is in need of an upgrade of the current 2D system to enable Combo 2D +3D screening procedures and 3D diagnostic procedures. This order will upgrade earlier versions of Cenova to the latest available versions of Cenova hardware and software in order to operate the newest ImageChecker CAD, Quantra Breast Density Assessments, and BACS algorithms. This order includes onsite applications training for a maximum of 5 technologists.

The total estimated value of this order is $264,800.00.

(4) An identification of the exception to fair opportunity (see 16.505(b) (2)) 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).

This order will be issued on a sole-source basis in accordance with Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract. Only Hologic, the original equipment manufacturer (OEM) of the existing system, can provide an upgrade to this proprietary system.

The current system was originally procured in 2016 under delivery order VA797H-16-F-0087.

The OEM is the only organization capable of owning trade information about the system and therefore, is the only one qualified to provide and perform the upgrade.

Training will also be provided at the VAMC for up to 5 technologists as part of this order.

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

All items to be purchased as part of this upgrade are currently on contract SPE2D1-17-D-0027.

The quoted price for each item is at or below the contract price, and pricing has been determined fair and reasonable at the contract level.

(6) Any other facts supporting the justification.

None

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

All prospective delivery orders are competed among 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 when appropriate.

(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 Contracting Officer hereby certifies that the justifications are accurate and complete to the best of their knowledge.

(9) Evidence that any supporting data that 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 have been certified as complete and accurate by the technical or requirements personnel.

By signing this justification, the requiring 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 in (b)(2)(i)(A) through (F) of this section applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the exception at FAR 16.505(b)(2)(i)(C) since it is a logical follow-on to an order already issued under the contract. All awardees were given a fair opportunity to be considered for the original order.

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CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), 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.

David Horne

VISN 6

Equipment Specialist

CONTRACTING OFFICER CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief.

Iliana Jorge Contracting Officer VA National Acquisition Center – Hines High-Tech Medical Equipment Ordering Division

Reagan P. Criddle VA National Acquisition Center – Hines Chief, High-Tech Medical Equipment Ordering Division