Brand Name Justification - AveSure Software Licenses_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Brand Name Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:

PR IFCAP 2237:

JOFOC Tracking #:

1. Contracting Activity: Organizational Activity:

Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 19 (NCO 19) Oklahoma City VA Health Care System 6162 South Willow Drive, Suite 300 921 N.E. 13th Street Greenwood Village, CO 80111 Oklahoma City, OK 73104

2. Nature and/or Description of the Action Being Processed: This procurement is for AvaSure brand name software licenses 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 Oklahoma City VA Health Care System is requesting a new firm-fixed-price contract for AvaSure software licenses that will be utilized by facility for the AvaSure Telesitter equipment that is onsite. This software allows medical personnel to monitor multiple high-risk residents from one location.

3. Description of Supplies/Services : AvaSure Telesitter is a continuous video monitoring solution that can watch up to 16 patients from a remote location.

AvaSure is the only software that is compatible with the video devices at the workstations and full infrastructure that is utilized by the medical facility. This requirement is to provide twelve (12) AvaSure Telesitter software licenses (AVA-E-0104-1Y).

The period of performance is projected to be:

Base Year: 05/12/2024 05/11/2025 Option Year 1: 05/12/2025 05/11/2026 Option Year 2: 05/12/2026 05/11/2027 Option Year 3: 05/12/2027 05/11/2028 Option Year 4: 05/12/2028 05/11/2029

The total estimated value of this contract is (If exercised for up to 6 months the 52.217-8 option will be exercised at the same rates as those in effect under the contract at the time the contract is extended.)

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

Effective Date: 02/01/2022 Page 2 of 3

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the C Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This is a brand name justification for AvaSure software. AvaSure is the only compatible brand with the current telesitter equipment utilized throughout the facility. If an alternative brand of software were to be considered, it would require new equipment due to incompatibility with the current camera devices and infrastructure at the medical center.

The current system took approximately two years to go through IT approvals and configurations in the medical facility. Therefore, it is in the best interest for the Government to maintain the AvaSure brand of software.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted to identify AvaSure authorized distributors able to fulfill this requirement. AvaSure LLC confirmed that they are the Original Equipment Manufacturer (OEM) of the requested software and

Since the manufacturer is also a small business, the Non-Manufacturer Rule can be met on a small business set-aside. Therefore, recommendation is to solicit this Brand Name requirement as a SB set-aside to allow competition for the requirement.

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

Reasonable: It is anticipated that a fair and reasonable price determination will be found with the pricing received on quotes due to this requirement planned to be competitive

A determination of fair and reasonable pricing will also be prepared prior to award of the subsequent contract.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Based on the results of market research it was determined that AvaSure TeleSitter software is proprietary and there is no other software that can integrate with what is currently installed and in use at the medical center. Market research confirmed that this requirement can be fulfilled by

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

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

Effective Date: 02/01/2022 Page 3 of 3

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:

Competition is recommended for this requirement. Future requirements will continue to consider additional small businesses for competition.

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.

Program Specialist - Nursing Oklahoma City VA Health Care System

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

a. Contracting Officer or Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Network Contracting Office (NCO) 19

b. 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.

Branch Chief, Supply 1 Network Contracting Office (NCO) 19