Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 24, 2018 FBO #6026
DOCUMENT

J -- Service Linear Accelerator and Software Support - Attachment

Notice Date

5/22/2018
 

Notice Type

Attachment
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Veterans Affairs;Great Lakes Acquisition Center (GLAC);115 S 84th Street, Suite 101;Milwaukee WI 53214-1476
 

ZIP Code

53214-1476
 

Solicitation Number

36C25218Q0758
 

Archive Date

6/21/2018
 

Point of Contact

Lori Eastmead
 

E-Mail Address

Government Email
(Lori.Eastmead@va.gov)
 

Small Business Set-Aside

N/A
 

Award Number

36C25218C0165
 

Award Date

5/22/2018
 

Awardee

VARIAN MEDICAL SYSTEMS, INC.;3100 HANSEN WAY;PALO ALTO;CA;94304
 

Award Amount

564,086.00
 

Description

Page 4 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: VA252-18-AP-2831 Contracting Activity: Department of Veterans Affairs, NCO 12, Great Lakes Medical Center, Suite 101, 115 South 84th Street, Milwaukee, WI 53214-1476. Transaction 695-18-3-133-1445, Maintenance of the linear accelerator equipment and software. Nature and/or Description of the Action Being Processed: This procurement will be awarded as a new contract and is for maintenance and repair of the linear accelerator equipment and software located at the Edward Hines VA Hospital. This is 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. The contract action will be awarded on a firm-fixed price basis and includes a 12-month base period of performance and four 12-month option periods. Description of Supplies/Services Required to Meet the Agency s Needs: Provide emergency (unscheduled) service and preventive maintenance inspections and repairs of the linear accelerators and integrated accessory components used in radiotherapy to diagnose oncology patients. This contract will also provide support services for the Eclipse and Aria Software to include periodic maintenance, software updates, patches, error corrections, remote and on-site software support, etc. The total estimated value, (base plus four options), is $2,900,000.00. The base period of performance is 6/1/2018 5/31/2019. Statutory Authority Permitting Other than Full and Open Competition: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by 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 only source for required preventive maintenance, inspections, repairs and urgent services. The vendor has proprietary software that is not offered or authorized to third party vendors. An email was received from Varian s service department which states that Varian doesn t authorize third-party vendors to service Varian equipment due to proprietary hardware and software, to include software updates. This contract also requires remote access to perform diagnostics for expedited service/repair of the linear accelerator, which is a highly specialized system. All software patches, upgrades, updates, revisions etc., are available only by the manufacturer. Remote access can only be utilized through a memorandum of understanding/interconnection security agreement (MOU/ISA) between the vendor and the VA. In accordance and compliance with Deputy Under Secretary for Health for Operations and Management (DUSHOM) memo dated May 5, 2014, Certification of Medical Devices in MDIA (Medical Device Isolation Architecture), it is mandatory that all devices are implemented in MDIA. Medical devices are on special Virtual Local Area Networks (VLANS) and, in accordance with VA policy, must have an approved MOU/ISA to ensure traffic is encrypted and medical devices are protected from malware on the internet. The Office of Information Technology (OIT) will not allow internet connections without an MOU/ISA. Other vendors can go through the lengthy process and acquire a MOU/ISA however, the proprietary service support software can only be accessed by Varian. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Previous and current procurement actions included sources sought notices and notices of intent to sole source. These notices were posted on FBO to inform the public of the Department of Veterans Affairs procurement intent. For this procurement, an intent to sole source (36C25218Q0758) was posted on FBO from 3/20/2018 3/23/2018. The Remi Group responded with an interest to provide service on 3/22/2018. The Remi Group partners with Oncology Services International (OSI) and utilizes their Field Service Engineers (FSE s). Based on further correspondence with the Remi Group following their initial show of interest, it was determined that the Remi Group could not provide the services required without a MOU/ISA. Once a MOU/ISA has been established (approximate processing time is six to nine months), Remi Group still wouldn t have access to Varian s proprietary service support software. This includes help desk support, upgrade and maintenance releases to provide patches, bug fixes,error corrections and annual refresher training. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer requested government discounts from the vendor. The CO will compare quoted pricing to historical documents, the IGCE and will negotiate with the vendor to obtain fair and reasonable pricing. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted for the previous contract VA69D-17-C-0106, which was awarded as a sole source. The contract before that (VA69D-16-C-0073) was also awarded as a sole source. Market research was conducted on FBO of other current procurements for service on the linear accelerators. An email was sent to a Contracting Officer, Harvey McGowan located at NCO 10, who posted a notice of intent to sole source. Mr McGowan replied that the notice (36C25218Q9210) had no responses from other vendors. Further searches of FBO revealed another intent to sole source notice (36C24618P2779). A search was conducted on the Veterans Information Pages (Vetbiz) and found 10 vendors against NAICS 811219. However, none of the vendors listed are able to provide service due to Varian s proprietary software. Through market research, it has been determined that the requested commercial preventive maintenance and repairs services are available from only one source. Therefore, a sources sought notice was not posted to FBO. An intent to sole source notice (36C25218Q0758) wa posted to FBO by the Contracting Officer on 3/20/2018 3/23/2018. Upon expiration, one vendor (Remi Group) came forward with a capabilities statement. However, it was determined that the vendor could not provide the required services for lack of accessibility through the requirements for use of the VLANS that protects this specialized equipment and lack of access to Varian s proprietary software. Any Other Facts Supporting the Use of Other than Full and Open Competition: The Edward J Hines VA Hospital serves as the VISN 12 Southern Tier hub for radiation oncology and is accredited by the American College of Radiation Oncology (ACRO). This procurement for preventative maintenance and repair services provided only by Varian Medical Systems will adhere to the ACRO s mandated equipment maintenance standards. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Varian Medical Systems, Inc., and The Remi Group. 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: There is currently only one source for the required preventative maintenance and repair services. The Contracting Officer will continue to conduct market research and synopsize future requirements for these same services to see if any additional vendors can provide these services to the Government. 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. _____________________________ ________________________ Ryan Kammerer Date Biomedical Engineer Edward Hines VA Hospital Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer or Designee s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Lori Eastmead Date Contracting Officer Network Contracting Office 12 _____________________________ _________________________ Jeffrey A. Statz Date Contracting Officer/Services Branch Chief Network Contracting Office 12 One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Paul M. Lauro Date Director of Contracting NCO 12 Great Lakes Acquisition Center VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition. _____________________________ ________________________ Randy L. Hays Date Acting Director, SAO Central SAO Central Head of Contracting Activity
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VAGLHS/VAGLHCS/Awards/36C25218C0165.html)
 

Document(s)

Attachment
 

File Name: 36C25218Q0758 36C25218Q0758_2.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4326892&FileName=36C25218Q0758-001.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4326892&FileName=36C25218Q0758-001.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN04930382-W 20180524/180522230811-2fb38977cc420abb3a382dc23e9fc85f (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |