R499--V20 ICCA CIS Software Maintenance and Support Philips TO POP: 03/10/2023-03/09/2024

VHAPM Part 816.5 Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format Page 1 of 3 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID: 36C260-23-AP-1458 Contracting Activity: Department of Veterans Affairs, Veterans Healthcare Administration, Regional Procurement Office West, Network Contracting Office 20 on behalf of VISN 20 ALL STATIONS. 2237 #: 496-23-2-287-0035 Description of Action: The proposed sole source task order against Blanket Purchase Agreement Number 36C10G22A0001 is for a period of performance 03/10/2023-3/9/2024 is a firm-fixed price (FFP) effort for Phillips Intellispace Critical Care/CompuRecord CIS Maintenance Services, For all VISN20 Stations. In addition, the SAC BPA has a signed Agency-wide justification for sole source which applies to this Task Orders and is uploaded to the contract file. Description of Supplies or Services: This BPA call is to

procure maintenance and support services from Philips for a Clinical Information System that was manufactured and sold by Philips. Task order to provide services with a Period of Performance 03/10/2023-03/09/2024 with a total award amount of $512,437.00. This Task Order includes no options. 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 VHAPM Part 816.5 Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB). Rationale Supporting Use of Authority Cited Above: Only Philips can provide maintenance and support on this platform. Philips Healthcare is the Original Equipment Manufacturer (OEM) of the Philips equipment currently under coverage via VHA Mandated SAC Blanket Purchase Agreement 36C10G22A0001. Philips personnel have access to all aspects of the system design, manufacture, and operation, ensuring that any issue that may arise is addressed by the correct department and at the appropriate level. Philips can provide back up and successively higher levels of technical and clinical support, remote service, all the way to factory support, if needed. In the event higher level trouble shooting is required. Philips may utilize proprietary diagnostic software. You can be assured that our Field Service Engineers (FSEs) will provide quality service, parts that are OEM certified (new or like new) and are compatible with the equipment. Our FSEs are equipped with leading-edge proprietary tools, the latest training, and the industry s most advanced support infrastructure. Due to this, Philips will only allow these individuals to install proprietary software and hardware updates/upgrades on our equipment and guarantee their work. Philips Healthcare uses no small or veteran owned business subcontractors to support Philips manufactured equipment. The sole source letter is located in the Briefcase. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. Market research was conducted, details of which are in the market research section of this document. Market research concluded there are no SD/VOSBs capable of meeting this requirement. Market Research efforts did not yield any additional sources that can meet the Government s requirements There is a SAC contract which is a priority source. This contract is for maintenance on Philips equipment currently installed at the facilities. As such, only Philips or an authorized provider can provide for the service to ensure the warranty in not affected. Actions to Increase Competition: 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. Market Research: Market research was conducted, details of which are in the market research section located in the briefcase This effort did not yield any additional sources that can meet the Government s requirements There is a SAC contract which is a priority source. This contract is for maintenance on Philips equipment currently installed at the facilities. As such, only Philips or an authorized provider can provide for the service to ensure the warranty in not affected. Other Facts: Agency-Wide JnA and 2268 are uploaded to the eCMS briefcase. Determination that Anticipated Cost is Fair and Reasonable: The SAC BPA Contract has already determined the price to be fair and reasonable. 12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Charles Hartwick Date Contract Officer VHA/RPOW/NCO20/ME JOFOC Log Number: 2023-02-14T08:34:09 13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Michael Allred Date NCO 20 Medical Equipment Branch Chief Page 3 of 3