Toshiba CT Scanner Maintenance Agreement

Added: Feb 28, 2017 12:03 pm LIMITED SOURCES JUSTIFICATION

ORDER >$150,000

FAR PART 8.405-6



2237 Transaction # or Vista Equipment Transaction #: 636-17-2-4045-0019



This acquisition is conducted under the authority of the Multiple Award Schedule Program. The material or service listed in par. 3 below is sole source, therefore, consideration of the number of contractors required by FAR Subpart 8.4 Federal Supply Schedules, is precluded for the reasons indicated below.



Restricted to the following source: Provide original manufacturer s name for material or contractor s name for service. (If a sole source manufacturer distributes via dealers, ALSO provide dealer information.)



Manufacturer/Contractor: TOSHIBA AMERICA MEDICAL SYSTEMS

Manufacturer/Contractor POC & phone number: Robert Nitsch 314-809-7287

Mfgr/Contractor Address: Bob.Nitsch@toshiba.com



The requested material or service represents the minimum requirements of the Government.



(1) AGENCY AND CONTRACTING ACTIVITY: Department of Veterans Affairs

Network Contract Office ____________

2501 W 22nd Street_______________

Sious Falls SD 57105



VISN: 23



(2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:



This will be a task order off of V797P-6033(b) with Toshiba America Medical Systems who will provide preventive and corrective maintenance services for the Toshiba Aquilion One 640 CT scanner unit for the Iowa City VA Health Care System.



(a) A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY S NEED:



Toshiba will provide preventive and corrective maintenance services for the Toshiba Aquilion One 640 CT scanner unit. Services will include quarterly preventive maintenance inspections, 4 hour response for emergency on site service, software revisions, unlimited services visits, unlimited telephone support, labor, travel expenses and parts. The base year cost is $158,575.00 and the total estimated contract cost is $475,725.00. The anticipated base period of performance is from 02/04/2017 to 02/03/2018 and will include two (2), one year option periods.



(b) ESTIMATED DOLLAR VALUE: $The base year cost is $158,575 and the total estimated contract cost is $475,725.00



(c) REQUIRED DELIVERY DATE: February 4, 2017



(4) IDENTIFICATION OF THE JUSTIFICATION RATIONALE (SEE FAR 8.405-6), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.



Specific characteristics of the material or service that limit the availability to a sole source (unique features, function of the item, etc.). Describe in detail why only this suggested source can furnish the requirements to the exclusion of other sources.



Any other company besides Toshiba will not have access to the software keys for this equipment, as they are proprietary. Additionally, Toshiba does not sell Original Equipment Manufacturer (OEM) parts to a third party service company. The Iowa City VAHCS cannot allow reverse engineered or refurbished parts to be used in the existing medical equipment. Third party service providers will also not be able to obtain certification of training from the manufacturer, as it is not available. Any other firm, person or parts, not Toshiba certified, will compromise equipment operability and potentially place patients at risk.



A patent, copyright or proprietary data limits competition. The proprietary data is:

(If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)



Any other company besides Toshiba will not have access to the software keys for this equipment, as they are proprietary. Any other firm, person or parts, not Toshiba certified, will compromise equipment operability and potential place patients at risk.



These are direct replacements parts/components for existing equipment.



The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.



The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.



An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.



(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.4 TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION:

GSA has determined the price to be fair and reasonable IAW FAR 8.404(d).



(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

Vetbiz.gov has been check with no SDVOSB or VOSB Vendors able to perform the services needed. Searched SBA with no possible vendors as well. No vendors other than Toshiba Medical Systems were found to have the proprietary software and knowledge to safely service the Toshiba Aquilion One 640 Series CT, or have been certified by Toshiba to service the machine.



(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

This equipment is highly sensitive and specialized and any malfunction can cause patient misdiagnoses causing improper treatment or no treatment. The manufacturer holds parts and service information as proprietary, and there are no third party service providers available to provide full preventive maintenance and emergency repair coverage. The use of reverse engineering or refurbished parts is unacceptable and places patients at risk. Only Original Equipment Manufacturer (OEM) parts may be used. If service were to be performed by a third party, the Government will assume all liability for incidents and accidents related to equipment malfunctions.



(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:



At this time, there are no actions that can be taken to remove or overcome barriers to competition. Future acquisitions will consider proprietary data and equipment considerations.



(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)