Linear Accelerator and Software Preventative Maintenance

Added: Aug 24, 2016 3:33 pm Modified: Oct 11, 2016 8:09 amTrack Changes DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)



Acquisition Plan Action ID: VA251-16-AP-3229



1. Contracting Activity: Department of Veterans Affairs, VISN 10, John D. Dingell VA Medical Center, 4646 John R Street, Detroit, MI 48201. The 2237 number is 506-17-1-139-0004.



2. Nature and/or Description of the Action Being Processed: This is a request for a sole source for a new firm-fixed price contract to Varian Medical Systems (3100 Hansen Way, Palo Alto, CA 94304; 800-544-7450). FAR 13.5 Simplified Procedures for Certain Commercial Items: In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.



3. Description of Supplies/Services Required to Meet the Agency's Needs: Varian Medical Systems will provide emergency and non-emergency service repairs/replacement to the TrueBeam and sub-equipment, attachments, and software (as specified in Maintenance Agreement). The referenced maintenance agreement is for the Varian Premier Assurance Essentials Maintenance Plan which carries a 97% up-time guarantee, mandatory upgrades coverage, Firmware and software upgrades coverage, comprehensive parts coverage, and discounted labor rates. It is a full service coverage plan. TrueBeam is a linear accelerator system used to provide treatment to cancer patients in radiation. A base (October 1, 2016 - September 30, 2017) plus three year contract is being requested.



Equipment

TrueBeam - Essentials

MLC 120

MV Imager

KV Imager

Rapid Arc

Optical Imaging

Software Services

Software Services

o CCTV monitors and cameras

o Lasers for patient positioning

o Intercom system

o In- Room Monitors



4. Statutory Authority Permitting Other than Full and Open Competition:

(X) FAR 13.106-1(b)(2)

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

FAR 13.5 Simplified Procedures for Certain Commercial Items: The authority for applying Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Varian Medical Systems is the original equipment manufacturer (OEM). Only Varian Medical Systems can safely and properly perform the required maintenance and repairs to this equipment and still maintain the OEM warranty. Additionally, Varian Medical Systems has a VA national agreement to access VA servers via VPN communication which means they are able to log into VA systems remotely and resolve software issues as well as provide software upgrades and system diagnostics. In addition, the software and hardware components make the system impossible to work on without manufacturer training and service keys. Accordingly, Varian Medical Systems is the only firm capable of providing the services described in Section 3 above without the Veteran's Health Administration experiencing a substantial duplication of cost that could not be expected to be recovered through competition.



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

A sources sought announcement was issued on of FBO on June 1, 2016 (VA251-16-R-0292), and Varian Medical Systems as well as The Remi Group, LLC, a large business, replied. The Remi Group, LLC, noted that they provide services that manage the maintenance of multiple equipment types under one fixed-price agreement. While these services are available from this contractor on a GSA contract (GS-21F-0093V), The Remi Group, LLC is a third party, and the end user would be required to go through their call center. Accordingly, the manufacturer would not directly work with the end user. There is only one linear accelerator at the John D. Dingell VA Medical Center, and continuing to work with Varian Medical Systems will allow for more prompt service when the accelerator is down and emergency service is needed.



7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The price is determined to be fair and reasonable through comparison with a prior purchase order with Varian Medical Systems, Inc for identical services. In a quote obtained by the end user for services beginning October 1, 2016, the price for preventative maintenance of the system remains identical to what it was in prior fiscal years. Varian Medical Systems, Inc has also agreed to maintain this price through option year three if options are exercised.



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

The Contract Specialist (CS) searched the internet for applicable contracts or an open market competitor that could provide the services required and was unable to locate one. A sources sought notice was also published on FBO on June 1, 2016.



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

N/A



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

Varian Medical Systems and The Remi Group, LLC.







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:

The VA will research the market again prior to any future purchases for these services, but plans to take no immediate action to overcome any barriers to competition at this point.



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.



Signatures on file