Redacted Justification for Exception to Fair Opportunity 528B43002.pdf

Source Selection Information See FAR 3.104 and FAR 2.101

DEPARTMENT OF VETERAN AFFAIRS

Office of Acquisition and Logistics National Acquisition Center

(1) Identification of the agency and the contracting activity.

This Justification for an Exception to Fair Opportunity is on behalf of the Albany Stratton VA Medical Center, Albany New York, executed by the Veterans Affairs (VA) National Acquisition Center located in Hines, Illinois.

(2) Nature and/or description of the action being approved.

This activity proposes to issue a sole-source delivery order against the High-Tech Medical Equipment multiple-award Indefinite Delivery, Indefinite Quantity contract VA797H-17-D- 0022 awarded to Philips Healthcare.

Purchase Order: 528B43002 Equipment: Brilliance CT Big Bore upgrade Manufacturer: Philips Healthcare Equipment Upgrade Cost:

(3) A description of the supplies or services required to meet the needs, including the estimated value.

The Albany Stratton VA Medical Center requires replacement of the upgrade of the Brilliance CT Big Bore with the Philips Healthcare. This is a proprietary upgrade to our existing CT Scanner, the Philips Big Bore. There is also a proprietary software upgrade that will allow enhanced imaging capability and diagnosis for our patients. It will also prolong the life and support of this device to 2030. The software upgrade will additionally increase network security by upgrading the operating system to a supported version.

The estimated total value of this upgrade is

(4) An identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed unique qualification or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value).

The order will be issued on a sole-source basis in accordance with FAR 16.505(b)(2)(i)(B) as 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.

Albany Stratton VAMC under PO# 528B43002 is requesting an upgrade to their Big Bore CT.

This upgrade is the only compatible with our existing system, ensuring seamless integration

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Albany Stratton VAMC recognizes that all future procurements related to HTME will synchronize the procurement more closely with the facility projects funding process, allowing all vendors to participate in the fair opportunity process. All prospective delivery orders are competed among all contract holders. Because the specification requirement for the room design and its corresponding preparation were specific to the Philips Big Bore product line, it is not feasible to use any other equipment.

Future requirements will be handled on a case-by-case basis and all attempts will be made to provide fair opportunity to all schedule holders when appropriate.

(8) The contracting certification that the justification is accurate and complete to the best By signing this justification, the Contracting Officer hereby certifies that the justification is accurate and compete to the best of their knowledge.

(9) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

By signing this justification, the Facility Biomedical Engineer hereby certifies that the justification is accurate and compete to the best of their knowledge.

(10) A written determination by the approving official that one of the circumstances in

(b)(2)(i)(A) through (F) of this section applies to the order.

Based on the information contained herein, a determination has been made that this requirement meets the exception at FAR 16.505(b)(2)(i)(B) because the supplies are unique or highly specialized, and only Philips Healthcare is capable of providing it.