Brand Name JA - Eckel Sound Room.pdf

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C249-26-AP-1523

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-26-AP-1523 Millington CBOC – Audiology Hearing Room

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office

09, located at 1639 Medical Center Parkway, Suite 204, Murfreesboro, TN 37129, in support of 614, Lt. Col. Luke J. Weathers Jr. VA Medical Center at 116 N. Pauline Street, Memphis TN 38105.

2237 Request: 614-26-2-560-0084 Millington CBOC – Audiology Hearing Room

Nature and/or Description of the Action Being Approved: This requirement supports diagnostic hearing evaluations and is critical to maintaining uninterrupted Audiology services for Veterans. This action is to procure, deliver, and install a custom audiology sound room (hearing booth) for the Audiology Clinic in support of Veteran patient care.

The acquisition includes the sound room, delivery, installation services, and associated equipment required for proper functionality. The custom audiology sound room will be fabricated by Eckel Noise Control Technologies to maintain standardization and efficiency among the Memphis VAMC CBOCs. There are no existing contract vehicles that currently support this requirement.

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

The Department of Veterans Affairs requires the purchase and installation of one (1) custom Eckel audiology sound room, including:

• Customized sound room with oversized window, windowed door, ramp, HVAC collars, sprinkler access, roof fascia, extra outlets, and dimmer switch.

• Dedicated truck delivery for scheduled AM delivery.

• Professional installation services.

• Forklift rental for on-site installation support.

Total Estimated Value: $48,385.90 Period of Performance: Delivery and installation to occur upon contract award and site readiness

Delivery Location: VA Medical Center – Millington CBOC, 4963 West Union Rd, Millington, TN 38053

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Acquisition ID#: 36C249-26-AP-1523

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

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will

Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by

RFO 6.103-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7;

4. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The required audiology sound room is highly specialized medical equipment that must meet precise acoustic, spatial, and clinical performance standards to comply with VHA Audiology requirements. The proposed contractor, e3 Diagnostics, is uniquely and highly qualified due to the following:

• Ability to design and manufacture custom-built sound rooms compatible with VA facility constraints.

• Proven compatibility with existing VA audiology equipment and clinical workflows.

• Manufacturer-authorized installation services ensuring acoustic integrity and warranty compliance.

• Avoidance of substantial duplication of cost and unacceptable delays that would occur if an alternate source were pursued, including redesign, re-engineering, and re-validation.

Accordingly, e3 Diagnostics is the only firm capable of providing the supplies and services described in Section III without the Veterans Health Administration experiencing substantial duplication of cost and unacceptable delays in fulfilling its requirements.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5

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Acquisition ID#: 36C249-26-AP-1523

Market research was conducted in accordance with FAR Part 10 and VAAR 810.001-70, including review of historical VA audiology procurements and available commercial sources.

The manufacturer indicated there is only one (1) authorized installer in the Memphis, TN area. There were no other vendors identified that could meet the VA’s specific technical, installation, and clinical compatibility requirements while maintaining standardization with the other Memphis VAMC CBOCs.

6. Determination by the CO that the Anticipated Cost to the Government will be

Fair and Reasonable: The Contracting Officer will determine the anticipated cost to the Government is fair and reasonable based on:

• Review of detailed vendor pricing.

• Comparison with historical VA audiology sound room procurements.

• Price consistency with market rates for comparable custom medical sound rooms.

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

Market research was conducted in accordance with FAR Part 10, VAAR, and PPM 2016-05.

Reviewing the results of recent market research undertaken to meet similar or identical requirements. Eckel brand booths have been ordered and installed at two

(2) Memphis VA Clinics. One on 11/15/21, 36C24922P0118, for $17,459 and another on 7/1/20, 36C24920P0643, for $11,880. Both contracts were awarded to e3 Diagnostics. The market research is relevant but is not recent.

A search of GSA Advantage yielded no results for an audiology sound room. Results did appear for sound barrier partitions; but that is not the nature of this requirement.

An FPDS search of keyword “Eckel” and filtered to Department of Veterans Affairs yielded 18 results. The most current record, base awards, was on 9/27/22 for Eckel

Audio Booths under 36C24522P0792 in the amount of $258,733.35. An FPDS search of keywork “sound booth” and filtered to Department of Veterans Affairs yielded 138 results. However, there were only four (4) contracts for “sound booth” awarded since

February 2022, ranging in price from $17,750.00 to $109,003.46. The four (4) awards were made to three (3) different vendors. There was a fifth award during this timeframe; however, it was for the relocation of the sound booth in the amount of

$7,850.00.

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Acquisition ID#: 36C249-26-AP-1523

Results confirmed that only one responsible source can meet the Government’s requirements.

This is a domestic end product which is compliant with the Buy American Act.

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

Due to the need for precise acoustic performance, space customization, and compatibility with VA Audiology clinical standards, specifications suitable for full and open competition are not feasible without compromising Veteran care delivery.

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

None

10. 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:

At this time, no actions are planned. Future requirements will be reassessed during acquisition planning to determine if competitive alternatives become available.

11. 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.

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

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

Elizabeth Trimm Contracting Officer Network Contracting Office 9 https://dvagov.sharepoint.com/sites/vhapromanual/SitePages/VHAPM-Part-806.3.aspx