Varian JA.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

36C245-22-AP-3917 Varian Linear Accelerator Maintenance Services

Rev: 13 Effective Date: 02/01/22 Page 2 of 4

4. Statutory Authority Permitting Other than Full and Open 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 ) (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;

5.

the Use of the Authority Cited Above (applicability of authority): The Washington DC VA Medical Center possesses several highly specialized equipment used by the radiation oncology department for the evaluation, diagnoses, and treatment of Veterans with cancer. Varian Medical Systems is the sole provider and manufacturer of the medical equipment and as such they are uniquely qualified to provide an annual maintenance contract. Varian Medical Systems, Inc. has immediate access to all parts and can provide the most qualified technicians to repair the equipment that they manufacture. This equipment is very complex, highly specialized and is high risk. Maintaining the equipment so that is reliable and accurate is extremely important to ensure timely treatment to patients for their cancer. Any downtime that this equipment experiences will directly impact patient care, as these radiographic treatments must be done at specific intervals to effectively treat a patient. As the OEM of the equipment, Varian Medical Systems, Inc. provide the unique capability to service their equipment and provide proprietary updates and support. No other vendor can provide maintenance and support of this equipment and going with any other vendor would cause unacceptable delays and would be substantial duplication of cost as we would have to keep the equipment down for extended periods of time and cost us additional to go through Varian for the parts required.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Sources Sought 36C24523Q0086 was posted on Sam.gov and GSA eBuy (RFQ1596713) for 30 days.

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

Reasonable: The Contracting Officer (CO) will determine if the proposed cost to the government are fair and reasonable and compared with the Independent Government Estimate (IGCE), historical pricing and market rates for similar products/services. The CO will also consider the cost for preventive maintenance and repairs by other VA Medical Centers.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: A Request for Information was sent to 43 vendors on GSA eBuy. and four responses were received. A Sources Sought Notice was issued on SAM.gov and four