P03 - Over SAT JA CO Signed Redacted.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:__36C262-23-AP-1917______________________________

1. Contracting Activity:

Department of Veterans Affairs, VISN 22, Network Contracting Office on behalf of the VA Greater Los Angeles Healthcare System (VAGLAHCS), Engineering.

Funding 2237: 691-23-2-208-0050

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

Adjustments, calibrations, software upgrades, testing, license renewals, clinical applications support, disassembly, checkout, and replacement of worn and/or defective parts. The above shall be performed as necessary as required to keep equipment in optimal working condition. This refers to the RayStation Treatment Planning System.

3. Description of Supplies/Services Required to Meet the Agency’s Needs Provide Software Licensing and Software Support services on Government Owned RayStation treatment planning software at the Greater Los Angeles VA Healthcare System. The RayStation Treatment Planning System is a highly specialized system as it provides detailed radiation treatment plans for each one of our cancer patients receiving radiation therapy.

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;

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 RayStation Treatment Planning System is a highly specialized system as it provides detailed radiation treatment plans for each one of our cancer patients receiving radiation therapy. RaySearch Americas, Inc., a Deleware Corporation, is the only provider of support services for the RayStation Treatment Planning System in North America. No third parties have access to the proprietary information or software components to provide support and/or training. Accordingly, RaySearch Americas, Inc., is the only firm capable of providing the supplies and services described in Section III

Rev: 13 Effective Date: 02/01/22 Page 2 of 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:

Due to the RayStation Treatment Planning System being a highly specialized system we are unable to source the requirement out as RayStation Americas, Inc., has proprietary on the equipment and no other company can work on the equipment and on the Software.

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

The requiring service provided the Independent Government Cost Estimate to cover the funds for the requirement.

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 02/07/2023 utilizing VetCert and found that there are 3,008 using NACIS Code 541519. VetBiz showed that there are 2,119 SDVOSB’s and 319 VOSB’s. GSA eLibrary showed various amounts of contracts but none with similar scope. Utilizing NAICS Code 541519 and Treasury Code 160, FPDS found 11,604 contracts but none with similar scope for the equipment. GSA Advantaged shows 172 contracts but none for the equipment needing the service.

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

RaySearch Americas, Inc., has proprietary rights on the RayStation Treatment Planning System.

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:

Proprietary rights for RayStation Treatment Planning System for base plus four (4) option years.

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.

Date

Name: Jin Matsumoto Title: Biomedical Engineer Facility: VA Greater Los Angeles

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

Rev: 13 Effective Date: 02/01/22 Page 3 of 3

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.

Helena Roba 02/08/2023 Branch Chief / Contracting Officer

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.

Carlos Acosta 02/08/2023 Division 1 Chief

NCO 22

VHALONRamosM1 Cross-Out