65 -- SOFTWARE UPGRADE FOR EXISTING VARIAN EQUIPMENT

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-1 (b), the Federal Bureau of Prisons (BOP) has determined that the procurement of specific supplies/equipment for the Federal Medical Center, Butner, North Carolina, meets the criteria established for other than full and open competition. This limitation of competition is justified in accordance with the Federal Acquisition Regulation (FAR) Subpart 6.303-2, Content, with the following supporting information provided: 1. Agency: U.S. Department of Justice Federal Bureau of Prisons Federal Medical Center Old NC Highway 75 Butner, NC 27509 2. Nature/Description of Action Being Approved: The action to be approved is the use of only one responsible source and no other supplies or services will satisfy agency requirements in the procurement of a software upgrade on the Government-owned Varian Varis Record and Verify to Aria patient management system. FCC Butner intends to issue a Purchase Order on a non-competitive, sole source basis purchase to Varian Medical Systems, 2250 Newmarket Parkway, Suite 120, Marietta, GA 30067. Varian Medical Systems is the sole manufacturer of the upgrade kit for the Varian Varis Vision system currently owned by the Agency. No other known company makes an upgrade compatible with this system. This is not a request for quotes; however sources may submit descriptive literature, fully documenting their capabilities, which will be considered by the Government. A determination to compete this procurement based on response(s) to this notice is solely within the discretion of the Government. All responses or questions regarding this posting must be in writing and can be sent via email to mhobgood@bop.gov. No phone calls will be accepted. An award will be made immediately after the response date of this notice. The award will be made in accordance with FAR Part 13, Simplified Acquisition Procedures. 3. Description of the Supplies or Services Required to Meet the Agency Needs: The services required to meet the agency?s needs will be for the proposed contractor to furnish a Software Support and upgrade of our existing Eclipse and Record and Verify. Cost $38,922.00 4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253 (c)(1). It has been determined that the use of this authority is appropriate pursuant to FAR Part 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Determination That Proposed Contractor?s Unique Qualifications or the Nature of the Acquisition Requires the use of the Authority Cited: The proposed contractor is the manufacturer of the Eclipse and Varis Record and Verify system that is used in the treatment of oncology patients. The software is proprietary and cannot be altered or upgraded by any other manufacturer due to Food and Drug Administration (FDA) and other Federal laws and regulations. 6. Efforts Made to Solicit From as Many Sources as Practicable, Including Whether or not a FEDBIZOPPS Notice was Publicized: A notice of intent to award a sole source contract was published 7. Contracting Officer?s Determination that Cost to the Government Will be Fair and Reasonable: I have determined that the anticipated cost to the Government will be fair and reasonable based on a review of similar upgrades of treatment planing software systems. 8. Description of the Market Survey Conducted: Market survey determined that this software is an FDA approved upgrade; and, therefore, no further market survey has been deemed necessary. 9. Other Facts Supporting the Use of Other Than Full and Open Competition: None. 10. List of Sources, Expressing in Writing, Interest in the Acquisition: None. 11. Actions Taken by The Agency to Remove or Overcome Barriers to Competition: In this instance, there is only one responsible source in the procurement for supplies/ services. Therefore, the agency does not anticipate taking any action to further remove or overcome any barriers to competition before any subsequent acquisition for these particular services.