P03 JOFOC Varian TruBeam BC signed.pdf

OFOC SOP Revision 10 Page 1 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-21-AP-3266

1. Contracting Activity: Department of Veterans Affairs, NCO 09, VAMC Memphis, Tennessee, 38104.

Transaction number 614-22-1-069-0032.

2. Nature and/or Description of the Action Being Processed: This procurement will be awarded as a new contract and is for maintenance and repair of the linear accelerator equipment and software located at the Memphis, Tennessee VA Medical Center. This is 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. A firm-fixed price, 12- month base with no options contract will be awarded.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This contract will provide full service and support of the Varian TrueBeam Linear Accelerator and accessories, including the TrueBeam Linear Accelerator - H191511, MLC 120 – HML0354, MV Imager – HXM2442, KV Imager – HXK2442, Rapid Arc – HRD2359 and Optical Imager – HOI2442, which shall provide routine preventative and corrective maintenance in order to ensure optimal working condition and lessen the likelihood of down time. Also, the Varian TruBeam system has a dedicated VPN connection that allows the OEM to remotely connect into the system to diagnose user-specified issues, push security patches, allow for error log retrieval, and assist users and service engineers from a remote location.

The total estimated value is $284,685.00. The period of performance is 10/01/2021 through 9/30/2022.

4. Statutory Authority Permitting Other than Full and Open Competition: The authority for applying the Simplified Procedures for Certain Commercial Items of FAR 13.5 were used in accordance with

41 U.S.C.1901 and is implemented by 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): Varian Medical Systems is the only source for required preventive maintenance, inspections, repairs and urgent services. The vendor has proprietary software that is not offered or authorized to third party vendors. A sole source letter was received from Varian’s service department which states that Varian doesn’t authorize third-party vendors to service Varian equipment due to proprietary hardware and software, to include parts supplies and software updates. This contract also requires remote access to perform diagnostics for expedited service/repair of the linear accelerator, which is a highly specialized system. All software patches, upgrades, updates, revisions etc., are available only by the manufacturer. The proprietary service support software can only be accessed by Varian.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This procurement action includes a notice of intent to sole source

OFOC SOP Revision 10 Page 2 of 3

Revision 10 Date: 09/10/2020

36C24921Q0490, this notice was posted on Contract Opportunities 8/16/2021-8/26/2021 to inform the public of the Department of Veterans Affairs procurement intent.

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

Reasonable: The Contracting Officer compared quoted pricing to historical documents, the IGCE and will negotiate with the contractor to obtain fair and reasonable pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was conducted on Contract Opportunities of other procurements for service on the Varian Linear Accelerator and software support. This revealed that others VA Hospitals who utilized Varian equipment and software awarded on a sole source basis for these services only to Varian Medical Systems, Inc. A search was conducted on the

Veterans Information Pages (VetBiz) and against NAICS 811219. However, none of the vendors listed can provide service due to Varian’s proprietary software. Through market research, it has been determined that the requested commercial preventive maintenance and repairs services are available from only one source. An Intent to sole source notice 36C24921Q0490 was posted to

Contracting Opportunities. It has been determined that the any vendor other than Varian Medicla

Systems can not provide the required services due to the lack of accessibility through the requirements that protects this specialized equipment and lack of access to Varian’s proprietary software access and updates. A letter was received from Varian Medical Systems stating they are the sole source provider of this equipment, service, parts and software systems upgrades and no 3rd party vendor is authorized to preform this sevice.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This procurement for preventative maintenance and repair services provided only by Varian Medical Systems will adhere to the mandated equipment maintenance standards.

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

Systems, Inc. (small business).

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: There is currently only one source for the required preventative maintenance and repair services. The

Contracting Officer will continue to conduct market research and synopsize future requirements for these same services to see if any additional vendors can provide these services to the Government.

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.

Sheena House Date Chief, Engineering Service VAMC Memphis

OFOC SOP Revision 10 Page 3 of 3

Revision 10 Date: 09/10/2020

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.

Christina B. Smith Date Contracting Officer

NCO 9

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.

Robert L. Pitre Date Branch Chief, Services West

NCO 9

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx