Single Source Justification.pdf

Attachment 9: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: __________________

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-24-AP-0338

1. Contracting Activity: Department of Veterans Affairs, VISN 2, NY Harbor Healthcare

System – Brooklyn Campus located at 800 Poly Place, Brooklyn, NY 11209.

2237: 630-24-2-4156-0014

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

VHA Network Contract Office 02 intends to award a firm-fixed-price contract to Insight Health Corp (DBA Rayus Radiology) who currently is providing the required Philips Ingenia Mobile MRI at the NY Harbor Healthcare System – Brooklyn Campus.

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

The VA New York Harbor Healthcare System (NYHHS) - Brooklyn Campus requires a mobile Philips Ingenia 1.5 T MRI unit housed in an OEM certified FDA approved mobile coach. The MRI must be capable of supporting the ongoing clinical programs at the Brooklyn campus, including Cardiology and Cardiac Surgery, Neurology and Neurosurgery, Orthopedics, Vascular Surgery, and Oncology.

This requirement is for a Philips Ingenia to maintain compatibility with the unit currently in use at VA’s Brooklyn campus.

This procurement is for a six month base period with an estimated dollar value of $252,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: __________________

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 VA NY NYHHS – Brooklyn Campus has a mobile MRI rental (Philips Ingenia 1.5 T) through the previous procurement, 36C24223P0328, awarded to Insight Health Corp (DBA Rayus Radiology). During the period of performance in the incumbent contract, there has been ongoing construction for a permanent MRI Suite at the NYHHS – Brooklyn Campus. It was originally planned that construction would be complete by the end of the incumbent contract’s period of perfromance. However, construction remains ongoing. There is still a need for the MRI rental to bridge the gap until the permanent MRI Suite construction is complete. Extending this service is critical to avoid interruption of patient care and to accommodate lead time to complete for the unfinished construction project. Therefore, it is logical to continue to use the incumbent vendor’s equipment during construction than to create a gap in service by returning the mobile MRI rental and procuring another service.

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

VetCert, GSA’s eLibrary, and SBA’s DSBS were queried for sources on 12/7/2023.

However, the requirement is to continue using Insight Health Corp’s unit that is currently on site, as a logical follow on, to avoid a lapse in service and impact patient care needs.

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

Reasonable:

A fair and reasonable price determination will be based on a comparison of proposed prices and comparison with the Independent Government Cost Estimate.

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

Searches conducted on 12/7/2023 on VIP, GSA’s eLibrary, and SBA’s DSBS using keywords “Mobile MRI Rental” and NAICS code 621512 returned zero (0) results.

An additional refined search was conducted on 12/7/2023 on VIP, GSA’s eLibrary, and SBA’s DSBS adjusting keywords to “MRI Rental” and NAICS code 621512 returned zero

(0) results.

A search on VetCert on 12/13/2023 using NAICS code 621512 returned 186 results.

The VA NY NYHHS – Brooklyn Campus has a mobile MRI rental (Philips Ingenia 1.5 T) through the previous procurement, 36C24223P0328, awarded to Insight Health Corp (DBA Rayus Radiology). During the period of performance in the incumbent contract, there has been ongoing construction for a permanent MRI Suite at the NYHHS – Brooklyn Campus. It was originally planned that construction would be complete by the end of the incumbent contract’s period of perfromance. However, construction remains ongoing. There is still a

VHAPG Part 806.3 OFOC Page 3 of 4

Acquisition ID#: __________________ need for the MRI rental to bridge the gap until the permanent MRI Suite construction is complete. Extending this service is critical to avoid interruption of patient care and to accommodate lead time to complete for the unfinished construction project. Therefore, it is logical to continue to use the incumbent vendor’s equipment during construction than to create a gap in service by returning the mobile MRI rental and procuring another service.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Insight Health Corp currently has a unit on site and continuing use with this unit is the most efficient and cost effective to the government.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Insight Health Corp. (DBA Rayus Radiology) 5775 Wayzata BLVD. STE 400, Minneapolis, MN 55416. UEI: Y83GM6Y412N4

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:

The VA will continue to conduct robust market research to ensure similar actions are awarded competitively whenever possible.

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.

Atabeira Flores Date Radiology Administrative Officer NYHHS – Brooklyn Campus

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Janine Childs Date Contrating Officer

NCO 2

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHAPG Part 806.3 OFOC Page 4 of 4

Acquisition ID#: __________________

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.

Anthony Murray Date Division 1 Chief

NCO 2