P03 - JnA SunCheck csn r1.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C262-24-AP-2815

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-24-AP-2815

Contracting Activity: Department of Veterans Affairs, VISN 22, VA Greater Los Angeles Medical Center supported by the Network Contracting Office 22, Long Beach, Ca 90015.

PR# 691-24-2-685-0091

Nature and/or Description of the Action Being Processed: VA Greater Los Angeles - VISN 22 has a requirement to establish a new firm-fixed-price contract for SunCHECK Enterprise Quality Management System for Radiation Oncology system that includes instrumentation, software licenses, maintenance, supplies, and training in the Radiology department. Said system solution will be used to provide patient testing for certain diseases and abnormalities (cancerous) for Veteran patients in the Radiology department at VA Greater Los Angeles.

Description of Supplies/Services Required to Meet the Agency’s Needs: VA Greater Los Angeles require a SunCHECK Enterprise Quality Management System for Radiation Oncology system system to perform patient testing for certain diseases and abnormalities (cancerous) for Veteran patients. IGCE for the base and 4 option years period is $5 1, .00.

Period of performance shall be from 8/27/2024 – 8/26/2029.

Statutory Authority Permitting Other than Full and Open Competition:

(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;

VHAPG Part 806.3 OFOC Page 2 of 3 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C262-24-AP-2815

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

As described in Section 3, VA Greater Los Angeles is currently utilizing a system that is being sunsetted. They are in need of a new patient testing platform that will streamline and simplify treatment quality managemenr and delivery system oversight in support of Veteran Patient Care.

FAR 6.302-1(a)(2)(ii) states “Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (B) Unacceptable delays in fulfilling the agency’s requirements.” In accordance with FAR 6.302-1(a)(2)(ii), Sun Nuclear is the only firm capable of fulfilling the requirement described in Section 3 above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirement.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Limited efforts were made due to the fact that the requirement has been deemed to be available only from only one source as continuation of the services is necessary as described in Section 5 above.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost provided by Sun Nuclear for SunCHECK Enterprise Quality Management System for Radiation Oncology system are determined to be at a fair and reasonable price. Sun Nuclear has been implemented at other VA’s with comparable pricing, which VISN 22 has been using, and market research in previous acquisitions have deemed prices fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Limited market research has been conducted due to the fact that the requirement has been deemed to be available only from the original source as continuation of the services is necessary as described in Section 5 above.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

N/A

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

There are no other sources that have expressed an interest.

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 request for approval to Sun Nuclear is purposed to buying time for the current development and procurement of a long-term, five-year, VISN-wide contract.

Said contract is planned to be competed at the fullest capacity.

VHAPG Part 806.3 OFOC Page 3 of 3 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C262-24-AP-2815

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.

Heidi Moreno ________________________ Title: Administrative Support Assistant Date Facility: VA Greater Los Angeles

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

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

Name: Daniel Ruiz Date Title: Contracting Officer Facility: NCO 22

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.

Name: Cecil Nichols Date Title: Branch Chief, Supply Team 2 (Division 4)

Facility: NCO 22

DANIEL RUIZ

Digitally signed by

DANIEL RUIZ

Date: 2024.09.04 09:49:29 -07'00'

CECIL NICHOLS Digitally signed by CECIL NICHOLS Date: 2024.09.04 11:32:22 -07'00'

9/4/2024