DEPARTMENT OF VETERAN AFFAIRS Office of Acquisition and Logistics National Acquisition Center P.O. Box 76 Hines, IL 60141 Justification for an Exception to Fair Opportunity 16.505(b)(2)(i)(C) Logical Follow-On (1) Identification of the agency and the contracting activity. This Justification for an Exception to Fair Opportunity is on behalf of VISN 17, VAMC Dallas, TX (North Texas) Healthcare System, and will be executed by, the Veterans Affairs National Acquisition Center (NAC) located in Hines, Illinois. (2) Nature and/or description of the action being approved. This activity proposes to issue a logical follow-on delivery order against Indefinite Delivery Indefinite Quantity (IDIQ) contract SPE2D1-17-D-0023 awarded to Siemens Medical Solutions, USA, Inc. for the purchase of the Siemens Magnetom Skyra 3T MRI. This activity proposes to issue a delivery order for the upgrade of Siemens Magnetom Skyra 3.0T MRI for the Radiology Department at VISN 17 VAMC Dallas, TX VA Healthcare system. The current system is reaching the end of life cycle and is not up to industry standards for functionality. This upgrade purchase will bring VISN 17 up to industry standards. (3) A description of the supplies or services required to meet the agency s needs, including the estimated value. This upgrade is to extend the life expectancy of the outdated Siemens Magnetom Skyra 3T MRI for VISN 17, VAMC Dallas, TX (North Texas) Healthcare System. Siemens MRI are designed to perform the necessary functions required for exposure software, contract console, and display (Monitor), licenses, installation, implementation and training. The Facility s current equipment is nearing the 8th year mark and this upgrade will allow for extended usage without the need to purchase brand new MRI systems. The total estimated value is $1,057,225. (4) An identification of the exception to fair opportunity (see 16.505(b) (2)) and the supporting rationale, including a demonstration that the proposed contractor s unique qualification or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g. in terms of scope, period of performance, or value). 2 | P a g e The order will be issued on logical follow-on as these systems are purchased through Siemens Medical Solutions USA, Inc and upgrades are handled solely through them. The MRI system being upgraded was purchased through the primary vendor, Siemens Medical Solutions. The current equipment is near the end of its useful life, this upgrade is required to continue to provide excellent patient care. This upgrade will provide diagnosis that are better, enhanced and potentially reduce the risk and quality loss in studies and is required to continue to provide excellent patient care to all veterans. Only one awardee can provide the supplies or services to meet the needs of the Government. This equipment/system was purchased in FY07 and installed at VISN 17, VAMC Dallas, TX (North Texas) Healthcare system. Siemens Medical Solutions Inc is the only manufacturer capable of providing this upgrade. This is upgrading proprietary software and hardware which only the original vendor can secure, implement and support. The logical follow-on order will be issued on a sole-source basis in accordance with Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C) as only one source can provide the supplies and services at the level of quality required. Only Siemens Medical Solutions Inc., the original equipment manufacturer (OEM), can provide the necessary hardware, software, and training required for this upgrade and can provide the necessary technology to upgrade the current purchased system with the VA without losing compatibility and functionality of the entire system. (5) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. All items are currently on Siemens Medical Solutions, USA, Inc. IDIQ contract SPE2D1-17-D-0023 and have previously been determined fair and reasonable at time of award. (6) Any other facts supporting the justification. None. (7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. Future requirements will be handled on a case by case basis and all attempts will be made to provide fair opportunity to all contract holders when appropriate. (8) The contracting officer s certification that the justification is accurate and complete to the best of the contracting officer s knowledge and belief. By signing this justification, the Contracting Officer hereby certifies that the justifications are accurate and complete to the best of their knowledge. (9) Evidence that any supporting data that is the responsibility of the technical or requirements personnel (e.g., verifying the Government s minimum needs or 3 | P a g e requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. By signing this justification, the requiring activity hereby certifies that the justifications are accurate and complete to the best of their knowledge. (10)A written determination by the approving official that one of thecircumstances in (b)(2)(i)(A) through (F) of this section applies to the order. Based on the information contained herein, a determination has been made that thisrequirement meets the exception at FAR 16.505(b)(2)(i)(C) since it is a logicalfollow-on to an order already issued under the contract. All awardees were given afair opportunity to be considered for the original order. CERTIFICATION AND APPROVAL TECHNICAL/REQUIREMENTS CERTIFICATION: Pursuant to FAR 16.505(b)(2)(i)(C), I certify that any supporting data that is my responsibility and which forms a basis for the justification is complete and accurate to the best of my knowledge and belief. Adetoun Komolafe Date 02/24/2021 VISN 17 Biomedical Engineer CONTRACTING OFFICER CERTIFICATION: Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that the justification is complete and accurate to the best of my knowledge and belief. LaTonya L. Whiteside Date 02/24/2021 Contracting Officer VA National Acquisition Center Hines High-Tech Medical Equipment Ordering Division Monica E. Mende Date 2/24/2021 VA National Acquisition Center Hines Chief, High-Tech Medical Equipment Ordering Division COMPETITION ADVOCATE APPROVAL: Craig Robinson Date 3/10/2021 Competition Advocate (orders > $700,000 up to $13,500,000) Date VA National Acquisition Center Hines Associate Executive Director Pursuant to 16.505(b)(2)(ii)(C))
