P03-SSJ.pdf

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-23-AP-4501

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Great Lakes Acquisition Center

(GLAC), 115 S. 84th Street, Suite 101, Milwaukee WI, 53214-1476.

2. Nature and/or Description of the Action Being Processed: This procurement is a firm-fixed-price modification to existing task order 36C25223F0027 for service on the Somatom go. OpenPro RO (Athlon) CT simulator; 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Service will include remote service to the equipment, updates, parts delivery, training and technical support, maintenance services, and service access keys on one Somatom Go.OpenPro imaging system. Tube coverage is covered for three hundred thousand scan seconds of usage per year. The equipment is used to deliver improved medical images for accurate calculation of radiation plans which assists oncologists with the ability to detect the target tumor. The equipment coverage will start in option year one and run through the remaining options of the contract to begin on 1/25/2024 and expire on 11/14/2027 in option year four if exercised . The total estimated value of the acquisition is $253,905.40.

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

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 Contractor’s imaging systems are highly technical medical equipment and are proprietary to the Original Equipment Manufacturer (OEM). The OEM will maintain the integrity of the equipment and so doing avoid damage from contractors not familiar with the equipment. Should a third party attempt service and cause damage, the Government could incur additional costs from the OEM to make repairs.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to Sole Source (36C25224Q0049) was posted to Contract Opportunities to give an opportunity for any potential vendors no matter business size to come

Effective Date: 02/01/2022 Page 2 of 3 forward and furnish supporting evidence in sufficient detail to demonstrate the ability to comply with the requirements.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable for the Somatom go.

OpenPro RO (Athlon) CT simulator. This equipment is pending addition to the Siemens Medical Solutions IDIQ contract SPE2D1-17-D-0023 that has been previously determined fair and reasonable at time of award. Pricing provided by the contractor reflects the discounted rate (approximately 29%) from the commercial pricing that will appear on the service maintenance schedule once added to the IDIQ contract. Pricing will also be reviewed during modification for option renewals.

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

Market Research Was Not Conducted: Searches were done on VIP, SBA and GSA however, no matches were found. A notice of Intent to Sole Source (36C25224Q0049) was posted to Contract Opportunities, no show of interest was received. There are no other known service providers that are capable of performing service on the Somatom CT imaging system as described in the paragraphs of this memorandum. This action is a modification to add equipment to the sole source task order 36C25223F0027.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Statements of work, statements of objectives, or purchase descriptions are not being developed for full and open competition. The equipment is highly technical and proprietary to Siemens.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Siemens Medical Solutions, USA, Inc.

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 there are no actions that can be taken to remove or overcome barriers that lead to the exception to fair opportunity. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future action to be competed;

however, all future requirements will be handled on a case-by-case basis to determine any future acquisition strategy.

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.

Andrew Yunker Date Biomedical Engineer

VISN 12

Effective Date: 02/01/2022 Page 3 of 3

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.

Lori Eastmead Date Contracting Officer NCO 12-Great Lakes Acquisition Center

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.

Erika Cannaday Date Services Team 1 Branch Chief

NCO 12-Great Lakes Acquisition Center https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx