P03 - redacted for SAM.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo Format

Acquisition ID# 36C252-26-AP-1135 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C252-26-AP-1135

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 12, located at 115 S 84th St, Milwaukee, WI, in support of VISN 12 Jesse Brown VAMC located at 820 South Damen Ave, Chicago, IL.

2237: 537-26-1-969-0019

2. Description of Action: This is a requirement for a contractor to upgrade and maintain the Jesse Brown XPER Interventional Cariology and Hemodynamics system. This will be a firm-fixed price delivery order against the NASA SEWP IDV held by Four Points Technology. This will be a sole-source based on Vets First.

3. Description of Supplies or Services Line Item Part Description Qty Unit 0001 830231-1 Xper IM Extensions 1 EA 0002 989803147861 Easy Care Cuff, 1 Hose, Small Adult (1) 6 EA 0003 989803147871 Easy Care Cuff, 1 Hose, Adult (1) 6 EA 0004 989803147891 Easy Care Cuff, 1 Hose, Lrg Adult (1) 6 EA 0005 989803147891 Easy Care Cuff, 1 Hose, Lrg Adult (1) 6 EA 0006 989803147911 Easy Care Cuff, 1 Hose, Thigh (1) 6 EA 0007 866424-PiX PIC iX Hardware 1 EA 0008 866389-1XC-8 Patient Information Center iX 1 EA 0009 867019-X00-X30 IntelliVue XDS Software 4 EA 0010 866126-1 24" Widescreen LCD Display - touch 1 EA 0011 989803208361-2 CSN: Addon <64 Beds, No Server 1 EA 0012 866183-P03 IntelliBridge Enterprise 1 EA 0013 MXU0130_V4 IBE System Integration Services 1 EA 0014 830231-7 Xper IM Extensions - US 1 EA 0015 989801202055-1 Remote Implementation Professional Supp 80 EA 0016 NITE Xper IM 2. 1 EA

Estimated contract value:

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Revolutionary FAR Overhaul (RFO) 16.507-6:

( ) RFO 16.507-6 (b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Attachment 1: Request for Exception to Fair Opportunity Memo Format

( ) RFO 16.507-6 (b)(2): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) RFO 16.507-6 (b)(3): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) RFO 16.507-6 (b)(4): It is necessary to place an order to satisfy a minimum guarantee.

(x) RFO 16.507-6(b)(5): The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(b), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: Authority 38 U.S.C. 8127 (c) allows sole source awards to SDVOSB that has been determined to be a responsible source with respect to performance. Eligibility requirements have been met IAW VAAR 819.7003. Four Points Technology meets the requirements of the non-manufacturer rule, given that the NAICS code 334510 is on the NMR class waiver list.

6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: A sources sought notice was issued on 12/28/25 and closed on 1/7 /26. There were two responses to the notice. responded with some items on FSS schedule, but the majority of the items on the open market. -

- responded with an open market solution. The CO determined that sole-sourcing to the NASA SEWP contract with Four Points Technology is in the best interest of the government under the authority of VAAR 819.7008 (DEVIATION) and will provide for an exact match of the items the facility requested while also meeting the Veterans First Authority.

7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, and etc.: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: Provide a description of the market research conducted among the contract holders and the results. If market research was not conducted, the reasons it was not conducted should be stated. When citing RFO 16.507-6(b)(2) or RFO 16.507-6(b)(5), the only possible way to state in paragraph 5 of the J&A that there is only one contractor who can fulfill the agency's needs is to conduct market research, and it should be summarized here. DSBS search on 1/7 /26 for NAICS 334510 returned zero SD/VOSB vendors . Some items were located on the HTME with., but many items were open market. Open market items cannot be added to an IDV. Four Points

Acquisition ID# 36(252-26-AP-1135 Page 2 of 3