P03 Sole Source Justification_FAR13.5_JA_OVER_SAT-ML signed.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C241-21-AP-3287

1.Contracting Activity: Contracting Activity: Department of Veterans Affairs, VISN 01, Veterans Health Administration Network Contracting Office 1 (New England), 640 Belmont St, Brockton, MA 02909-4799 has a requirement for the West Haven ,CT VA Medical Center, 950 Campbell Ave, CT. The requirement is for an emergency procurement of a mobile PET/CT scanner . The purchase request 2237 number is 689-21-4--7934-0149.

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

This procurement is for a mobile PET/CT scanner 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.

VA Connecticut has an emergency requirement to lease a mobile PET/CT scanner in order to provide continuity of care during the unexpected closure of the VACT PET Center until the HVAC is repaired/replaced and/or the construction for the replacement PET/CT is complete with a new unit installed.

This is a new lease and will be required monthly for a minimum of six (6) months while the existingHVAC unit and all ductwork are being replaced along with departmental construction including the replacement of the existing PET/CT scanner. The mobile PET/CT unit must have PET Cardiac acquisition and reconstruction capabilities. Our local staff technologists will perform the exams and our radiologists will interpret them.

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

Quantity = 1- $1,500.00 Philips Gemini 16 slice PET/CT system housed in an OEM approved and verified mobile trailer. Must include software for PET Cardiac acquisition and reconstruction. To be delivered 8/10/2021 and kept for 190 days.

Quantity = 1- $5,000.00 Transportation to and from 950 Campbell Ave. West Haven, CT 06516. Mobile unit will remain onsite for a minimum of 6 months.

Quantity = 1- $1,900.00 Two days of onsite applications training Quantity = 1 – $14,000.00 Hard drive replacement on delivery and removal at the end of the lease Quantity = 1 -$350.00

Cleaning fee at end of lease Estimated total $306,250.00

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Revision 03 Date: 02/11/2021

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( x ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

VACT leased this same unit February – April 2021 due to the replacement of the PET Center roof.

The technologists are trained on the system and our protocols are already set up. Two hard drives were purchased, used, and removed when the system was taken away. We will use the same hard drives and re-install when unit arrives.

Unlike the mobile units available, this unit has acquisition and reconstruction software for PET Cardiac imaging. There are very few mobile PET units currently in circulation in the Northeast and are generally not available for the timeframe required.

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

Per FAR 5.202 a sources sought synopsis was not sent out or used . This procurement is an emergency to bring in the previous company in order to provide quick and efficient care to the Veterans. Will be posting the award notice with the sole source justification.

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

The costs associated with acquiring the Philips mobile PET/CT scanner were closely matched to quotes provided by other vendors who provide mobile PET/CT.

8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

A VIP search was conducted indicates two or more SDVOSBs meet the criteria , however they are unable to fulfill the requirement as this equipment needed belongs to Insight Health Corp who are also the only one who have the correct scanner for the hard drive info.

January 2021, VACT Nuclear Medicine was in search of a mobile PET/CT that would satisfy the

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Revision 03 Date: 02/11/2021 requirements of our PET Service while the roof of the center was being replaced from February 23 to April 16, 2021. It came down to three providers, Alliance Radiology and Shared Imaging offered the GE Discovery VCT 16 slice CT and Insight Health which offered the Philips Gemini 16TF.

One of the GE units did not provide the Cardiac perfusion software needed for rubidium imaging.

The other GE unit could not be onsite until February 23rd.

We chose the Philips Gemini 16TF for several reasons:

The unit could be onsite at least one week prior to applications training, therefore the mechanical set up and connections can be done prior to the start of applications on February 23rd.

It came equipped with the software needed for rubidium perfusion imaging acquisition and reconstruction.

The technologists were familiar with the Brilliance/EBW acquisition and processing platform because they have worked with the PRECEDENCE SPECT/CT.

When the need for a mobile PET unit recently came about, a call was made to Insight Health Corp to see if the same unit was available. It was confirmed that we could have the unit the second week of August. It was also confirmed that no other mobile units were available at this time. The technologists were familiar with the system, our custom protocols were still available stored on the system and we could use the same hard drives avoiding the purchase of a new hard drive for a different system. This available system provided the most consistent, effective continuity of care.

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: N/A

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: N/A

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.

Mark Lewis Date Radiology Administrator VAMC West Haven, CT

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.

Mercedes Blanton Date Contracting Officer, NCO 01

8/5/2021_______________________ Mark Lewis

08/05/2021 Mercedes Y.

Blanton 371540

Digitally signed by Mercedes Y.

Blanton 371540 Date: 2021.08.05 15:01:28 -04'00'

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Revision 03 Date: 02/11/2021

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.

Date

Ann Marie Stewart Branch Chief Services, NCO 01

08/06/2021