Varian Linear Accelerator PM - Base Year 2/1/2017 - 9/30/2017

Added: Nov 28, 2016 12:38 pm Modified: Feb 01, 2017 1:47 pmTrack Changes Chapter VI: Other Than Full and Open Competition (OFOC) SOP

Attachment 3: Request for Sole Source Justification Format >$150K



OFOC SOP Revision 05 Page 2 of 2

Original Date: 03/22/11

Revision 05 Date: 05/02/2016

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

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



Acquisition Plan Action ID: VA251-16-AP-3407



Contracting Activity: Department of Veterans Affairs, VISN 10, Ann Arbor VA Healthcare System, 2215 Fuller Road, Ann Arbor, Michigan 48105. The 2237 number is 506-17-1-1527-0001.



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.



Description of Supplies/Services Required to Meet the Agency s Needs: Varian Medical Systems will provide emergency and non-emergency service repairs/replacement to two (2) TrueBeam linear accelerators, sub-equipment, attachments, and Eclipse and Aria systems software support. 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 (February 1, 2017 September 30, 2017) plus four (4) year contract is being requested.



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).

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.



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

A sources sought announcement was posted on FBO on October 11, 2016 (VA250-17-Q-0012) with a response deadline of October 21, 2016. Varian Medical Systems was the only contractor to respond that they were capable of performing the needed services. Please see the eCMS briefcase for a copy of this response.



Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government is determined to be fair and reasonable through comparison with the current contracts with Varian Medical Systems for identical services. These services are currently provided under contracts VA251-15-C-0193, VA251-15-C-0208 and VA251-15-C-0209 and the anticipated cost to the government is in line with what the VA is currently paying.



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 to FBO on October 11, 2016.



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

N/A



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

Varian Medical Systems





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.



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