Sole Source Justification.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-22-AP-2814

1. Contracting Activity:

Department of Veterans Affairs, NCO 16, VHSO Fayetteville AR Medical Center. 2237 #564-22-3- 081-0203

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

This procurement is for a preventive maintenance and repair contract on the Hitachi Oasis MRI, Serial M215. This will be a continuation of coverage under current contract VA256-17-C-0100.

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

FujiFilm will provide full service maintenance and repair to include, PMs and corrective maintenance, and software upgrade. They have access to the proprietary software needed to maintain this equipment.

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

( ) 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):

Only one sourse, FujiFilm, has access to the proprietary software needed to access, maintain and repair the Hitachi Oasis system. It is recommended that FujiFilm service the Oasis 1.2T MRI System as they have direct access to all tools, parts and knowledge to ensure the most comprehensive service coverage possible. This access ensures the most timely and effective response to any and all possible issues that could arise on the service front. FujiFilm will guarantee 99% quarterly system uptime.

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

The software utilized to operate the system is proprietary, and not available from other vendors. This equipment cannot be maintained properly without access to the proprietary software. Over the years, attempts have been made to obtain services from other sources. However, the OEM does not authorize any other parties to access, maintain or upgrade the proprietary software.

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

The anticipated costs are considered fair and reasonable. Prior to any award, comparisons to existing and previous contracts will be accomplished, to include Federal Supply Schedules, if available.

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

The software utilized to operate the equipment is proprietary, and and cannot be accessed, maintained or upgraded by any other source.

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

None

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

None

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:

Until the OEM releases the software for public use, which is not likely, this will continue to be a sole source requirement.

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.

Date Jane Lacson Supervisory Biomedical Engineer Fayetteville, AR VAMC

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.

James Hunt Date Contracting Officer

NCO 16

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.

Joseph Warren Date Chief, Procurement & Contracting, Services Team D- Div I (Fayetteville)

NCO 16

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