P03 - Justification for Sole Source above SAT 36C25221P0001.pdf

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: 36C25220Q0625 Elekta OIS Maintenance and Service

1. Contracting Activity:

Department of Veterans Affairs, VISN 12, Clement J. Zablocki VA Medical Center 695-21-2-133-0004

2. Nature and/or Description of the Action Being Processed:

Elekta OIS Maintenance and Support for the Clement J. Zablocki VA Medical Center.

FAR13.5 Simplified Procedures for Certain Commercial Items:

This procurement is for the Elekta OIS Maintenance and Support for the Clement J. Zablocki VA Medical Center in accordance with FAR 13.5 Simplified Procedures for Certain Comercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirement of FAR Part 6, but still requirea a justification using the format of FAR 6.303-2. This new contract action wil be awarded as a Firm Fixed Price contract with a base year and four one year option periods.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The proposed new contrac for maintenance and support for the Elekta OIS at the Clemet J. Zablocki Medical Center will be a Firm Fixed Price contract with a start date of 01/01/2021, which will include a base year and four one year option periods with an ultimate completetion date of 12/31/2026. TO properly maintain the software and hardware to the OEM specifications, a service contract is required. The contract value for this procurement will be estimated at $138,768.49 for the base year and $693,822.45 for the entire value of the contract.

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;

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FAR13.5 Simplified Procedures for Certain Commercial Items:

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

1901 and is implemented for restricting competition on this procurement via FAR13.106-1(b)(2) Simplified Acquistion Procedures as implemented in FAR 13.501.

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 contracting activity is advocating an open-market sole source award to be made under the authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented for restricting competition on the procurement via FAR 13.106-1 (b)(2). This service is critical for patient care. Due to the lack of third party search results and response to Intent to Sole Source, Elekta, Inc is the only source for software maintenance and support.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Market Research was done to review potential sources for this requirement. Based on past history through FPDS of similar requirements, Elekta, Inc was exercised as the vendor to provide software maintenance and support. A search on VIP using NAICS 511210 and key word “Elekta” provided zero results for both SDVOSB and VOSB. A search on SBA with NAICS 511210 and key word “Elekta” provided zero results of small businesses. An Intent to Sole Source was posted on June 16, 2020 with a response date of June 22, 2020. To date, no contractors have contested this published intent to utilize other than full and open competition.

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

VA Contract VA69D-15-C-0222 was awarded on 07/13/2015 for Elekta OIS maintenance and support and was found to be price reasonable at $90,232.76 for the base year and with an increase every year until option year 4 at $106,003.16 with a total contract value of $728,623.51, which includes modifications. The quote for the new contract was $138,764.49 for the base year and no increase in price for the entirety of the contract for a total contract value of $693,822.45. By establishing a contract, the Government is entitled to better pricing than non-contract prices. Competitors’ current price lists are not available for comparison. It is herby determined that the anticipated cost to the Government for this procurement will 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:

As described in Section 6 above, market research in accordance with FAR Part 10, was conducted by an Intent to Sole Source advising the industry of the pending acquisition and soliciting inquiries from interested parties. It has been determined that the requested software maintenance and support is available from only one source, Elekta, Inc. Seraches on VIP and SBA have yielded no responsible sources for the required service. As stated above, an Intent to Sole Source was published and

OFOC SOP Revision 09 Page 3 of 4

Revision 09 Date: 04/17/2020 provided and opportunity for responsible sources to respond. To date, no companies have contested this published intent to utilize other than full and open competition procedures.

SBA: An SBA search was conducted using NAICS 511210 and key word “Elekta” with zero results.

VIP: Key word “Elekta” and NAICS 511210 resulted in zero results.

FPDS: There were 24 actions when using key word “Elekta”, NAICS 511210 and limiting it to Department of Veterans Affairs. Elekta, Inc is the only vedor listed for all actions.

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:

None

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:

At this time, only one source, Elekta, Inc is qualified for the software maintenance and support and has been shown to be reasonable and authorized. The Contract Specialist and Contracting Officer will continue to survey the marketplace during the contract period taking under consideration any new and innovative methods for the software maintenance and support. Continual market research and contract administration will assist determing the next contract’s procurement strategy. It would also be in the best interest of the Government to compete a service agreement when new software is purchased. This will ensure the software is covered once warranty has expired and will allow the Government to compete the first five (5) years of maintenance and support along with the purchase price.

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.

Robert Steldt BioMedical Engineer Supervisor Milwaukee VAMC

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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.

Ashley Johnson Contracting Officer

GLAC

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.

Jeffrey Statz NCO12 Services Branch Chief

GLAC

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