JA Brand Name Nurse Call System.pdf

OFOC SOP Revision 12 Page 1 of 4 Original Date: 03/22/11 Revision 12 Date: 01/10/2022

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-21-AP-3824

1. Contracting Activity:

Department of Veterans Affairs, VISN 9, Tennessee Valley Healthcare System.

Network Contracting Office (NCO) 9, 2237 # 626-22-1-4205-0001.

2. Nature and/or Description of the Action Being Processed:

A Brand Name justification included in a FAR part 36 Construction project to upgrade the nurse call systems for the Tennessee Valley Healthcare System, at the Nashville and Murfreesboro, TN VA Medical Centers using FAR part 15 procedures. Tennessee Valley Healthcare System is proposing the brand name installation of the Rauland Borg Responder V with Enterprise platform software and hardware in the project 626A4-20-104, Upgrade Nurse Call System.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The scope of work associated with project # 626A4-20-104, “Upgrade Nurse Call System” requires the installation of a new Rauland Responder V nurse call system via a Brand Name Only requirement which includes staff terminals, consoles, enhanced patient stations, quarter inch jack stations, duty stations, dome lights, dome-less controller, pillow speakers, audio pull stations, non-audio pull cord stations, emergency push button stations and the required servers for the Tennessee Valley Healthcare System, at the Nashville and Murfreesboro, TN VA Medical Centers. The Rauland nurse call system including Enterprise software and complete integration with the Vocera communication application is to be installed onto the server environment provided at both the Nashville and Murfreesboro, TN VA Medical Centers. The Rauland Responder V for project 626A4-20-104 will be 100% interoperable with the Rauland Responder V which is currently being installed on the Ward 1A Renovation project.

The period off performance for this requirement is 365 calendar days.

The cost of equipment being sole sourced is estimated to be . The total construction solicitation value is estimated to be .

4. Statutory Authority Permitting Other than Full and Open Competition:

(1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

41 USC § 3304(a)(1): The supplies or services required by the agency are available from only one responsible source and no other supplies or services will satisfy agency requirements. FAR 6.302-1;

there is only one responsible source and no other supplies or services will satisfy agency requirements.

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Revision 12 Date: 01/10/2022

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Nurse call systems fall into the category of “highly specialized” and each manufacturer’s system is proprietary in nature making compatibility between manufacturers not achievable. Therefore, because the Rauland Responder V system is already being installed as part of an ongoing Ward 1A Renovation project and is already approved for installation in several locations within the Tennessee Valley Healthcare system, the only ‘brand’ and manufacturer to ensure 100% interoperability and compatibility is the Responder V system by Rauland, and installation of this system is the only option. Accordingly, Rauland is the only firm capable of providing the components described in Section 3 above without the Veterans’ Health Administration experiencing duplication of cost that could not be expected to be recovered through competition for products of another manufacturer.

Accordingly, the brand name Rauland Borg Responder V with Enterprise platform software and hardware is the only nurse call system capable of providing the supplies and services described within the constraints listed above as most cost efficient and least disruptive to patient care. If another nurse call system was accepted, the estimated additional cost of $980,000 to include demolition, replacement of new approved systems, training of an estimated staff of 300 employees and the associated design work required. Any system other than the Rauland will require extra work resulting in an increased cost as estimated and unnecessarily cause disruption of care in Ward 1A providing hospice and end of life care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

This project will be a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside for a Prime Construction Contractor under the Veterans First Contracting Program (PL 109-461). The proposing offerors will have the opportunity to obtain competitive quotes for the Rauland Responder V system, as long as it is for the brand name only Rauland Responder V system as specified in the project specifications and drawings.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

The Tennessee Valley Healthcare System nurse call system is a SDVOSB prime construction contractor set-aside offering competition with the Rauland Borg Responder V brand name. It is anticipated 2 or more SDVOSBs will provide proposals. The price proposal will be evaluated for reasonableness.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition on 08-25-2021, advising industry of the pending acquisition, and soliciting inquiries from interested parties. No synopsis responses were received. There were 286 SDVOSB listed on the Vendor Information Pages (VIP). Market research has determined that the rule of 2 has been met for the Construction Prime Contractor. To note, Rauland Responder V system complies with the Buy American Act.

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Revision 12 Date: 01/10/2022

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The specifications and drawings for this project had to be developed with interoperability and compatibility with new systems currently being installed and scheduled to be installed in mind, which was researched by the Architectural and Engineering (AE) firm of record with the outcome being that the basis for design had to be around the Rauland Responder V system to retain that integration and compatibility. There is no other option. Nurse call systems are not compatible between manufacturers due to proprietary system, hardware, and software.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

This requirement has been solicited on Contracting Opportunities. A total of three (3) SDVOSBs have either attended the pre-award site visit and/or provided solicitation RFIs:

- Semper Tek, Inc.

- Hernandez Consulting, Inc.

- American First Contracting, Inc.

11. 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:

Manufacturers of nurse call systems make their products in a proprietary fashion. Accordingly, when performing an upgrade of an existing system to ensure integration, compatibility, and operability, it is not possible to identify other acceptable products/systems to meet the essential needs of the Government. However, competition amongst sources to furnish the specified products/systems of the identified manufacturer will be obtained as explained above through the 100% SDVOSB set-aside.

12. 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.

Brian Garven Date Assistant Chief Engineer Tennessee Valley Health Care System

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13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. 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.

Craig S. Ziegemeier Date Contracting Officer, Construction East Network Contracting Office (NCO) 9

b. Branch Chief: One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Dean J. Regazzi Date Branch Chief, Construction East Network Contracting Office (NCO) 9

Division Chief: I certify the justification meets requirements for other than full and open competition.

Robert M. Kellner Date Division Chief Network Contracting Office (NCO) 9

Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Tara L. Petersen Date Director of Contracting Network Contracting Office (NCO) 9

c. VHA RPO 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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

Terry L. Spitzmiller Date Executive Director Regional Procurement Office Central (VHA)

Tara L. Petersen 3529852

Digitally signed by Tara L.

Petersen 3529852 Date: 2022.02.14 13:05:20 -06'00'

02/23/2022

TERRY

SPITZMILLER

Digitally signed by TERRY

SPITZMILLER

Date: 2022.02.24 12:37:13 -06'00'