SCO SIGNED JEFO OVER SAT LFO VISN 10 VAMC Cincinnati Ohio 539B20019.pdf

1 Page Source Selection Info – See FAR 3.104 & FAR 2.101

DEPARTMENT OF VETERANS AFFAIRS

Office of Acquisition and Logistics

National Acquisition Center

P.O. Box 76

Hines, IL 60141

Justification for an Exception to Fair Opportunity FAR 16.505(b)(2)(i)(C) – Logical Follow-on

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

This Justification for an Exception to Fair Opportunity is on behalf of the Veterans Integrated Services Network (VISN) 10, Veterans Affairs Medical Center (VAMC)- Cincinnati, Ohio and will be executed by the Veterans Affairs National Acquisition Center (NAC) 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 Indefinite Delivery Indefinite Quantity contract SPE2D1-17-D-0023 awarded to Siemens Medical Solutions USA, Inc. to upgrade the Siemens MAGNETOM Aera to MAGNETOM Sola Fit in support of the VISN 10, VAMC- Cincinnati, OH Healthcare system.

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

The upgrade includes software and hardware to upgrade the existing Siemens 1.5T MAGNETOM Aera with the MAGNETOM Sola Fit package. This upgrade will allow VISN 10 to offer the highest quality imaging processing, increase patient throughput, and expand the availability of exams at VAMC- Cincinnati, reducing the number of exams that are currently being outsourced to community care.

The improved image processing and patient throughput is possible with the BioMatrix and GO Technologies. The BioMatrix technology anticipates patient motion through a series of sensors and tuners to reduce variations caused by different physiologies and anatomies. The GO technology will accelerate the workflow by 21% and the Turbo Suite will reduce exam time by up to 50%. This request will include associated software and hardware that are affected by this upgrade.

The total estimated value is $1,805,223.00.

(4) An identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, including a demonstration that the proposed contractor’s 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 the interest of economy and efficiency as a logical follow-on to delivery order VA797H-13-J-0025, in accordance with FAR

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16.505(b)(2)(i)(C). The equipment being upgraded was delivered August 2013 and valued at $1,968,772. Purchase Order 552-B10002 will be awarded under Indefinite Delivery, Indefinite Quantity (IDIQ) Contract SPE2D1-17-D-0023.

Siemens is the Original Equipment Manufacturer (OEM) and as such is the only manufacturer able to provide the supplies and services needed for this upgrade. This medical device has specific configurations known only to the OEM. The upgrade service needed is proprietary to Siemens and cannot be provided by any other vendor.

Upgrading the Magnetic Resonance Imaging (MRI) unit will extend the useful life of the system for an additional ten years with the expectation that the system will continue operating as expected in a safe manner. No other manufacturer can provide this service without losing compatibility and functionality of the entire system.

(5) A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer for the resultant order has determined the prices offered to be fair and reasonable for this justification for an exception to fair opportunity. All items are priced at or below the contract price, which was previously determined fair and reasonable at time of contract award, and there have been no significant changes to the industry or market conditions that would result in changes to the reasonableness of the underlying contract prices.

(6) Any other facts supporting the justification.

The purchase of the system upgrade will provide the newest MRI technology for evaluating Veterans. It will allow for greater patient throughput, reducing the Veteran’s wait time for MRI exams.

(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.

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

(8) The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

By signing this justification, the Contracting Officer hereby certifies that the justifications are accurate and complete to the best of their knowledge.

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(9) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government’s minimum needs or 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 requiring activity hereby certifies that the justifications are accurate and complete 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)(C) since it is a logical follow-on to an order already issued under the contract. All awardees were given a fair opportunity to be considered for the original order.

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CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that any supporting data that is my responsibility and which forms a basis for the justification is complete and accurate to the best of my knowledge and belief.

Jordan Boland Date

Biomedical Engineer

Veterans Integrated Services Network – 10

CONTRACTING OFFICER CERTIFICATION:

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief.

Latonya L. Whiteside Date

Senior Contracting Officer

High-Tech Medical Equipment Contracts Division

VA National Acquisition Center – Hines

Regina Blair Date Chief High-Tech Medical Equipment Ordering Division

VA National Acquisition Center – Hines

COMPETITION ADVOCATE APPROVAL:

Craig Robinson Date Competition Advocate

Associate Executive Director VA National Acquisition Center – Hines

Pursuant to 16.505(b)(2)(ii)(C))

VHAINDKEEBAJ1

Typewritten Text 4/28/2022