VA797H-17-D-0024-053.docx

FedBizOpps Award Notice

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* = Required Field FedBizOpps Award Notice Rev. March 2010 J GE Consolidated Equipment Contract 01730

VA241-18-AP-2986

N 334517 Department of Veterans Affairs VAMC Bedford 200 Springs Road Bedford MA 01730 Harold Nice Contracting Officer harold.nice@va.gov

VA797H-17-D-0024 36C24118N1219

$1,358,563.70 03-30-2018

GENERAL ELECTRIC COMPANY

073838534

3000 N GRANDVIEW BLVD W-443

WAUKESHA

WI

53188

HAROLD.NICE@VA.GOV

HAROLD.NICE@VA.GOV

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID: VA241-18-AP-2986

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 1, 200 Springs Rd, Bedford, MA 07130. VISN 1 Veterans Affairs Medical Centers.

2. Description of Action: This is a request for a noncompetitive, firm fixed price task order with GE under NAC contract VA797H-17-D-0024 to service GE Imaging Equipment for VISN 1 Veterans Affairs Medical Centers (VAMC). The total estimated amount is $4,135,650.00 for a Base and Four (4) One Year Option Periods.

3. Description of Supplies or Services: The Contractor shall provide maintenance, repairs and service support for the following Philips imaging equipment at the following VISN 1 facilities:

Providence

INNOVA 4100 ANGIO HARMONY

AW 4.5 NEW AND H/W UPG

MEDRAD PROVIS INJECTOR

UPS 20KVA

Boston

SENO ESSENTIAL

STEREO ESSENTIAL

SENO ADV W/LCD

AW 4.5 NEW AND H/W UPG

INNOVA 4100 ANGIO HARMONY

UPS 20KVA

3-0T MR750W GEM ENABLED

SIGNA CRYOGENS

AW Z800 HW 4.6 SW

IDXA

EWI MR CHILLER

West Haven Exception to Fair Opportunity

VHAPM Part 816.5—Indefinite-Delivery Contracts Original Date: 08/30/2017 Page of AIRSYS 10KW MR CHILLER DISCOVERY PET RX VCT SYSTEM INNOVA 4100 ANGIO HARMONY NM XELERIS 2 FULL

NM XELERIS 2 FULL LOGIQ P6 BT11

LOGIQ P6 BT11 LOGIQ S8

ULTRASOUND TROPHON ULTRASOUND TROPHON ULTRASOUND TROPHON

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i):

( )FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( X ) FAR Subpart 16.505(b)(2)(i)(B): 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.

( ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above: GE is the original manufacture of the equipment and is the sole provider of necessary parts and software needed to properly maintain the system. This equipment is extremely specialized and highly technical in nature and service and/or maintenance should only be performed by individuals affiliated with GE and capable of maintaining OEM specifications. The services require a 4 hour response time, a 98% uptime and 24X7 monitoring on selected equipment. Should this equipment work improperly due to third party support the health of a patient could be at risk.

6. Efforts to Obtain Competition: There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available.

7. Actions to Increase Competition: The GE imaging equipment owned by the VAMC is highly specialized and the OEM is the sole provider of necessary parts and software needed to properly maintain the system. However, the Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

8. Market Research: The OEM is the only capable provider for the current equipment on site. There are third Party vendors that have shown interest; however, their capabilities are limited to sub- contracting the services out to the OEM which limits direct contact with the OEM resulting in increased risk to the patients and delays response times. If the equipment reaches its life expectancy, the service line will consider the market in the future.

9. Other Facts: None

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

ASHLEY S. O'MARA 233020

Digitally signed by ASHLEY S. O'MARA 233020 Date: 2018.03.26 12:26:49 -04'00'

Page 1 of

Ashley O’Mara Date VISN 1 Clinical Engineering Manager

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Pricing was considered fair and reasonable at the time of the award of the NAC contract. The NAC Price list is in line with commercial Pricing.

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

Tammy A.

Digitally signed by

Tammy A. Davis 1408639 Davis 1408639 Date: 2018.03.26 12:48:21 -04'00' Tammy Davis Date Contracting Officer NCO 1

13. Approvals in accordance with VHAPM Part 806.3 Other Than Full and Open Competition SOP.

a. One Level Above the Contracting Officer (Required over $150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Paul E Marvin 916912

Digitally signed by Paul E Marvin 916912 Date: 2018.03.26 12:45:47 -04'00'

Paul Marvin Date Branch Chief NCO 1

Page 1 of

HIGHER LEVEL APPROVAL (Required for orders over $700,000):

a. NCO 1 DIRECTOR OF CONTRACTING REVIEW AND APPROVAL (over $700,000 to $68 million):I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve the exception to fair opportunity for the VA NAC High Tech Medical Equipment (HTME) Multiple Award Contracts.

MICHAEL R. CORRIVEAULT 223457

Digitally signed by MICHAEL R. CORRIVEAULT 223457 Date: 2018.03.26 13:54:56 -04'00'

Page 1 of FORJacobs, Gerald DATE Director of Contracting, NCO 1 Michael Corriveault Deputy Director of Contracting

b. VHA SAO HCA REVIEW AND APPROVAL (over $700,000 to $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve the exception to fair opportunity for the VA NAC High Tech Medical Equipment (HTME) Multiple Award Contracts.

JOSEPH MALETTA 1347841

Digitally signed by JOSEPH MALETTA 1347841 Date: 2018.03.26 15:53:57 -04'00'

Maletta, Joseph DATE VHA Head of Contracting Activity (HCA) The Department of Veterans Affairs, Veterans Health Administration (VHA) Contracting Office issued a sole source award to GE to provide a preventative maintenance consolidated service package for VISN 1. GE was determined to be the only company capable to provide service for the Imaging Equipment. This purchase was made using Far Part 16 Procedures and is adhering to the posting procedures in Far Part 5. (See Attached Exception to Fair Opportunity Document.)

This notice is neither a request for quote nor a solicitation for offers. Please feel free to contact Harold .Nice@va.gov with any questions. Thank you