Description
Justification for Other Than Full and Open Competition Subject: Magnetic Resonance Imager Radio Frequency Tube Replacement. The following justification and approval is made regarding the procurement, replacement, calibration, and tuning of a one of a kind Radio Frequency (RF) Tube for the Central Texas Veterans Health Care System (CTVHCS). This is a sole source procurement and competitive procedures will not be used. The format for this justification is from the FAR part 6.303-1 and presented in the format prescribed. 1. Identification of the agency and the contracting activity, and specific identification of the document as a "justification for other than full and open competition." Agency: U.S. Department of Veterans Affairs Contracting Activity: Contracting Officer (90C) Central Texas Veterans Health Care System 1901 Veterans Memorial Drive. Temple, Texas 76504 2. Nature and/or description of the action being approved. The contractor shall provide, replace, calibrate and tune a RF Tube for the Siemens Vision Magnetic Resonance Imaging (MRI) System located at the CTVHCS. The Contracting Officer intends to award this procurement to Siemens Medical Solutions USA, Inc. 3. A description of the supplies or services required in order to meet the agencies needs (including the estimated value). The required service is the replacement of a RF Tube on a Siemens Vision MRI. This MRI provides the CTVHCS necessary direct patient care diagnostic equipment. The replacement parts consist of proprietary, patented imaging equipment that will enable medical practicisioners to diagnose and treat the medical centers patients. This procurement is for Imaging Service located at the Central Texas Veterans Health Care System, Temple, TX 76504. The government estimates $40,788.00 to procure, install, calibrate and place this piece of equipment into operation. 4. An identification of the statutory authority permitting other than full and open competition. The statutory authority allowing use of other than full and open competition for this requirement is, 41 U.S.C. 253 (c) (1), only one responsible source. 5. A demonstration that the proposed contractor's unique qualifications or nature of the acquisition requires use of the authority cited. The contractor, Siemens Medical Solutions USA, Inc. has provided similar equipment for other medical facilities. The MRI tube possesses proprietary characteristics which the contractor has successfully integrated into its imaging apparatus. Additionally, the contractor has demonstrated reputable past performance. As a result, it was decided to be in the best interest of the government to acquire the replacement parts from this contractor. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a CBD notice was or will be publicized as required by Subpart 5.2 and if not, which exception under 5.202 applies. There will be no solicitations for other offorers. The Magnetom Vision imager has been discontinued for sale. The replacement parts consist of proprietary, patented imaging equipment enabling medical practicisioners to diagnose and treat the agencys patients. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. This requirement is a sole source to, Siemens Medical Solutions USA, Inc. The offorers proposed price has been determined fair and reasonable IAW FAR 15.404-1(b)(2)(ii) comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for the same or similar items. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Market research was conducted utilizing the internet. The research was conducted through GSA identifying vendors providing similar apparatuses, even though they would not satisfy the customers requirement. The Small Business Administration s Dynamic Small Business Search Engine was queried to identify any service disabled veteran owned and /or veteran owned small business entities utilizing NAICS code 811219. The result of this query produced vendors none of which could provide the same or similar type apparatus, due to its proprietary nature. Therefore this procurement is being set aside for Siemens Medical Solutions USA, Inc a large Business. 9. Any other facts support the use of other than full and open competition. None 10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition. None 11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. None for this procurement. 12. I certify that this justification is accurate and complete to the best of my knowledge and belief, and that this procurement action is made in good faith with regard for the public interest. Signature of Technical/Requirements Representative /s/ Biomed Medical Service Date: 8 January, 2010