Attach 1 Exception to Fair Opportunity_Redacted.pdf

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID:36C261-24-AP-1595 Brand Name Only- Manufacturer: Interacoustics

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 21, VA

Sacramento Health Care System, PR 2237: 612-24-1-145-0020

2. Description of Action: This action will be a firm-fixed price contract being solicitated as a Brand Name Only, Total Small business set-aside.

Description of Supplies or Services: Audiology equipment to be solicited:

Qty: 1 ITA-8521704 Interacoustics Affinity Compact Two-Channel PC Audiometer/Real Ear/Visible Speech Mapping/Hearing Instrument Test Box - SW: AC440 w/wave files recorded speech material; REM/VSP/HIT400. Tests: PT air/bone (standard frequency range); SRT; WRS;

QuickSIN; TEN test; monaural & binaural REM; visible speech mapping; hearing aid transition test;

ANSI electroacoustic tests. Transducers: IP30 insert phones; DD45 supra-aural headphone; B81 bone oscillator; two probe/reference mic assemblies; RE speaker; test box coupler & reference mics; SF speakers optional. Accessories: ambient noise room monitor; mic/monitor headset; pt resp switch;

TB mic; patch cables; patient probe/ref mic headset; probe tubes; probe tube stabilizers; 2cc and 0.4cc couplers; battery pills. Features:extended frequency range to 12.5KHz (REM); simulated REM.

Qty: 1 ITA-8525202 WHEELED TROLLEY V 4

Qty: 4 ITA-8531256 Interacoustics Titan V4 Clinical Middle Ear Analyzer/ DPOAE/TEOAE - SW:

Titan Suite w/ IMP/multiple probe tones; DPOAE; TEOAE. Tests: 226, 678, 800, 1KHz (Y,B,G) tymps;

ipsi & contra reflexes; patulous ET; ETF (intact TM); reflex decay; reflex latency; screening and dx DPOAE/TEOAE. Transducers: probe extension cable (IMP, OAE); IP30 contra phone. Accessories:

charging stand; 2 rechargeable lithium batteries; eartip kit; test cavities; USB cable; carrying case.

Features: PC-controlled or standalone; auto and manual pump control; pressurized OAE test; DP I/O growth test. Print options: direct to label printer (not included) PC printing from Titan Suite

Qty: 2 ETY-VA-201-ADDTL Audioscan Noah module

Qty: 2 Verifit VF-2

Revision: 02

The commodities to be purchased are estimated at $110,619.00 with a year warranty included on all equipment. These will be in support of the Audiology department at the Sacramento VA Medical Center.

3. 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) 16.505(b)(2)(i):

( ) FAR 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.

( ) FAR 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 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 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 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 with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

(X) FAR 6.302-1 (c): Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer-

4. Rationale Supporting Use of Authority Cited Above:

Based on market research, as described in paragraph eight of this document, it was determined that limited competition is viable among authorized resellers for this brand name item. This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Interacoustics brand name Titan handheld tympanometer is a valuable piece of equipment for audiologists due to its ability to perform otoacoustic emissions (OAEs), immittance, and reflex tests, all of which are essential components of a basic routine audiogram. Additionally, the Titan supports the measurement of electrically evoked stapedial reflex thresholds (eSRT), which is a specialized test used in cochlear implant appointments. This capability is particularly important as eSRT is used for the objective measurement of upper stimulus levels during the programming of a cochlear implant. The Titan's portability, lightweight design, and optional high-frequency probe tones make it suitable for performing the most demanding

Revision: 02 diagnostic tests on the go. Furthermore, the device's advanced technologies, such as "endless airflow" pressure control technology and high-resolution recordings, contribute to streamlining and improving audiologists' daily workflow. Therefore, the Titan handheld tympanometer is a versatile and essential tool for audiologists, enabling them to conduct a wide range of tests, including those required for cochlear implant appointments.

The Affinity Compact is a valuable solution for expanding audiology services in the Home-Based care sector, especially with VA Northern California now being a 1A facility. This piece of equipment offers the capability to offer beside hearing tests (audiograms), hearing aid fittings, and hearing aid troubleshooting. Home-based care offers numerous benefits to patients, including improved quality of life, enhanced palliative and end-of-life care, convenient access to care, and the detection of social determinants of health. Research also shows that elderly adults recover faster and with fewer complications at home than in a hospital, and they experience greater independence and personalized care in the comfort of their home. Furthermore, home health care relieves some of the burden on family caregivers and prevents avoidable trips to the hospital, providing peace of mind and protecting against caregiver burnout. Therefore, the Affinity Compact would further support VA director’s “Our Healthy Home initiative,” by enabling the provision of personalized care and enhancing the overall patient experience in the home-based care sector.

6. Efforts to Obtain Competition: A sources sought was issued on 3/25/2024 which resulted in two responses from an SDVOSB and Small Business vendor.

7. Actions to Increase Competition: This solicitation will be a total set-aside for small businesses, which will increase competition.

8. Market Research: CO explained previously on #6 of this document.

9. Other Facts: N/A

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The quotes received from this solicitation will be evaluated to determine if they are fair and reasonable.

Revision: 02

12. Contracting Officer's Certification : I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Brandy Gastinell Date Contract Officer Network Contracting Office 21

BRANDY

GASTINELL

Digitally signed by BRANDY

GASTINELL

Date: 2024.05.23 09:32:36 -07'00'