SPECIAL NOTICE
J -- Siemens Radiology Equipment support Notice of Intent to Sole Source Using NAC / DLA contract SPE2D1-17-D-0023
- Notice Date
- 2/4/2021 12:15:39 PM
- Notice Type
- Special Notice
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- 245-NETWORK CONTRACT OFFICE 5 (36C245) LINTHICUM MD 21090 USA
- ZIP Code
- 21090
- Solicitation Number
- 36C24521Q0203
- Archive Date
- 04/05/2021
- Point of Contact
- Bradley Davis, Contracting Officer, Phone: 304-263-0811 x4971
- E-Mail Address
-
Bradley.Davis3@va.gov
(Bradley.Davis3@va.gov)
- Awardee
- null
- Description
- 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 6 Original Date: 08/30/2017 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID: 36C245-21-AP-0860 Contracting Activity: Department of Veterans Affairs, VISN 05, VA Maryland Health Care System (512) 2237: 512-21-2-098-0292 Description of Action: The proposed sole source task order against joint National Acquisition Center (NAC)/Defense Logistics Agency (DLA) contract SPE2D1-17-D-0023 is for a one-year firm-fixed price (FFP) effort for maintenance, support, and repair services for high cost/high tech medical imaging equipment at the VA Maryland Health Care System. Description of Supplies or Services: The proposed action is to provide maintenance, support, and repair services for an AXIOM Luminos TF at the Perry Point VA Medical Center and an Artis zee Biplane and syngo X Worlplace at the Baltimore VA Medical Center. The contractor will provide travel, original equipment manufacturer (OEM)-certified parts, and labor to complete scheduled preventive maintenance in accordance with the OEM written specifications as well as unscheduled repair services as-needed. The vendor must provide software and quality updates, technical and clinical application support by telephone, and remote monitoring and support to minimize unexpected equipment downtime and maximize use of the equipment. The total estimated value of the proposed action is $148,161.95. 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): ( )FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. ( 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. ( ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. ( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee. ( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source . The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB). ( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. Rationale Supporting Use of Authority Cited Above: This requirement is for the support of highly-specialized medical imaging equipment that is regulated by the FDA. The original equipment manufacturer, Siemens Medical Solutions, has proprietary knowledge of the equipment as well as proprietary access within the equipment software that makes them uniquely capable of supporting this equipment. Only Siemens Medical Solutions can provide software and quality updates for this equipment. Additionally, only Siemens Medical Solutions has an MOU-ISA with the Department of Veterans Affairs to provide remote monitoring and support of Siemens radiological imaging equipment which allows Siemens to anticipate equipment failures before they occur which minimizes equipment downtime and the need to reschedule patients. Siemens is also the only vendor that can provide remote procedural assistance on the covered equipment to optimize the use of this equipment and minimize patient dosing. 6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The original equipment manufacturer, Siemens Medical Solutions, was contacted to provide a list of authorized service providers for support of Siemens Medical equipment. At this time, Siemens Medical Solutions does not authorize any other provider to perform software and quality updates. Additionally, market research determined that only Siemens Medical Solutions has an MOU-ISA with the Department of Veterans Affairs for support of Siemens Medical Radiology equipment which would enable a vendor to provide remote monitoring and technical support of the covered equipment. 7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance based work statement, and etc. In situations involving highly-specialized medical equipment, it is difficult to remove barriers to competition because the original equipment manufacturer has proprietary knowledge of the equipment and access within the equipment software that makes them uniquely capable of supporting this equipment. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. However, unless the manufacturer authorizes other service providers to maintain Siemens Medical equipment, the only alternative to increase competition would be to replace the Siemens Medical equipment with equipment from another manufacturer. Replacing the equipment would not be economical at this time but all FDA approved alternatives will be considered with the existing equipment reaches the end of its useful life. 8. Market Research: Due to the high-tech nature of this equipment and the proprietary nature of its software, only providers authorized by the equipment manufacturer, Siemens Medical Solutions, can provide software and quality updates. The original equipment manufacturer, Siemens Medical Solutions, was contacted to provide a list of authorized service providers for support of Siemens Medical equipment. At this time, Siemens does not authorize any other provider to perform software and quality updates. Additionally, a review of the National MOI-ISA repository determined that only Siemens Medical Solutions has an MOU-ISA with the Department of Veterans Affairs for support of Siemens Medical Radiology equipment which would enable a vendor to provide remote monitoring and technical support of the covered equipment. 9. Other Facts: This contract is part of a VA-DoD Direct Sharing Agreement, in accordance with VHA Handbook 1660.04, which is highly encouraged to improve cost effectiveness. 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. _____________________________ __________________ Kayla Dawson Date Biomedical Engineer VA Maryland Health Care System 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 contract has already been determined to be fair and reasonable by National Acquisition Center (NAC)/Defense Logistics Agency (DLA) 12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ BRADLEY DAVIS Date CONTRACTING OFFICER NCO 5
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