UPGRADE Varian XR St. Louis 657B10031 J_A REV2.pdf

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 VISN 15, St. Louis VA Healthcare System and will be executed by the Department of Veterans Affairs National Acquisition Center (NAC) located in Hines, IL.

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

The purchase being proposed is for an upgrade to an existing Varian linear accelerator at the VA Saint Louis Health Care System. This upgrade is for a HyperArc system and includes the necessary hardware, software, and peripherals.

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

The purchase being proposed is for an upgrade to an existing Varian linear accelerator at the VA Saint Louis Health Care System. This upgrade is for a HyperArc system and includes the necessary hardware, software, and peripherals.

The total estimated value is $421,270.00

(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 accordance with FAR 16.505(b)(2)(i)(C) in the interest of economy and efficiency because it is a logical follow-on to VA797H-16-J- 0228 issued under the contract 36H797-19-D-0014 with PO 657-B50013 on May 6, 2016 for $3,607,660. This is upgrading proprietary software and hardware which only the original vendor can secure, implement and support. The logical follow-on order will be issued on a sole-source basis in accordance with Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) as only one source can provide the supplies and services at the level of quality required. Only Varian Medical Systems, the original equipment manufacturer (OEM), can provide the necessary hardware, software, and training required for this upgrade and can provide the necessary technology to upgrade the current purchased system with the VA 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.

All items are currently on Varian Medical Systems IDIQ contract 36H797-19-D-0014. The quoted price for each item is at or below the contract price. Pricing has been determined fair and reasonable at the contract level.

(6) Any other facts supporting the justification.

This is a medical device which received FDA 510K (K200304) medical device certification in the specific configuration which the OEM manufactured it. This information is known only to the OEM.

(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.

(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.

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.

Ryan Pourcillie CCE

VISN 15

Facility Biomedical Engineer

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.

Michelle Williams Contracting Officer VA National Acquisition Center Hines High-Tech Medical Equipment, Contract Admin Division

Monica E. Mende Chief VA National Acquisition Center Hines High-Tech Medical Equipment Ordering Division