VA797H-17-D-0024.-025.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 1 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C260-20-AP-1758

1. Contracting Activity: Department of Veterans Affairs, Veterans Healthcare Administration, Regional Procurement Office West, Network Contracting Office 20 on behalf of VISN 20, Portland VAMC. PR 648-20-3-105-0055.

2. Description of Action: This endeavor is proposed as a sole source, firm fixed price task order off the NAC HTME contract VA797H-17-D-0024 to GE Healthcare for a one-year base period and four one-year option periods for AssurePoint Standard full service, repair, and maintenance contract for the GE CT Revolution EVO located at the Vancouver CBOC.

3. Description of Supplies or Services: The contractor will provide full service, repair, and maintenance for the GE CT Revolution EVO located at the Portland VAMC.

The estimated value of the proposed action is $488,224.00.

Contract Start Date

Contract End Date

Base Year OY1 OY2 OY3 OY4

5/10/2020 5/9/2025 5/10/20 –

5/9/21 5/10/21 –

5/9/22 5/10/22 –

5/9/23 5/10/23 –

5/9/24 5/10/24 –

5/9/25

Yearly

Pricing:

$97,644.80 $97,644.80 $97,644.80 $97,644.80 $97,644.80

Total Contract Value:

$488,224.00

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):

(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.

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 2 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

5. Rationale Supporting Use of Authority Cited Above: Only Original Equipment Manufacturer

(OEM) software and copyrighted materials are acceptable in this endeavor and GE is the only authorized entity as the manufacturer. Installation of non-GE sourced parts may prevent GE Healthcare from placing service contracts in the future. GE Healthcare has an existing National Business Associates Agreement (BAA) and an Interconnection Security

Agreement (ISA) Memorandum of Understanding (MOU) with VA granting them access to sensitive information while onsite and/or remotely providing service.

6. Efforts to Obtain Competition: None, this is a sole source endeavor because of the nature of the service.

7. Actions to Increase Competition: If replacement equipment purchases are required, at that time the market will be surveyed to determine if there are any other entities who could fulfill the requirement.

8. Market Research: Prior purchases similar to this requirement (PM GE Imaging Equipment) have been accomplished through sole source contracts: 36C25819F0084 for $619,305.02;

36C26019F0411 for $468,064.00 and 36C26020N0252 for $794,966.32. The Government technical experts have determined that only GE Healthcare can meet all of VA’s needs.

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.

Christopher Arciga Biomedical Engineer Portland VAMC

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:

The NAC competed the overarching contract, therefore competition and subsequent award presumes best value at a fair and reasonable cost.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 3 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02 accurate and complete to the best of my knowledge and belief.

Michael Allred Branch Chief Network Contracting Office 20 (NCO 20)

13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

Peggy Bowen Division Chief Network Contracting Office 20 (NCO 20)

J&A Tracker: 2020-04-27T11:47:06 https://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/VHAPM_Part_816.505.aspx