JA. LG Brand_Redacted.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo Format

Effective Date: 02/01/2022

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo Brand Name

Acquisition Plan Action ID:

JOFOC:

1. Contracting Activity: Department of Veterans Affairs, VISN 19, VA Rocky Mountain Regional

Medical Center is requesting a purchase of 4K Smart TVs which are compatible with the current operational network and patient care system and requires a Justification for other than Full and Open Competition.

2237#:

2. Description of Action: This procurement is for 2 65-inch and 1 55-inch LG Brand 4K Smart Televisions compatible with the Evideon Patient Care System and LG network that is in place at the Rocky Mountain Regional VAMC. RMR VAMC is seeking a band name, firm-fixed price (FFP) contract which will be posted to NASA SEWP. Potential contractors include Alvarez Technology Solutions and Four Points Technology LLC.

3. Description of Supplies or Services: The established LG network is not interchangeable with any other brand of Television, due to needing to be compatible with the Evideon Patient Care system.

The only LG Smart Televisions that are compatible with the Evideon Patient Care system are on the List provided in the Statement of Work. The Evideon Patient Care System provides specialized services for veteran care and are not interchangeable with any other system or brand name smart TV. Evideon has provided a list of approved LG Smart TV’s compatible with their system.

The total estimated value of this acquisition is

Period of Performance: 7 November 2022

4. 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.

(X) 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

Attachment 1: Request for Exception to Fair Opportunity Memo Format

Effective Date: 02/01/2022 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).

5. Rationale Supporting Use of Authority Cited Above: The SDVOSBs brand name distributors have been preliminary approved through NASA-SEWP. Based on extensive market research, as described in paragraph eight of this document. It was determined that limited competition is viable amount authorized resellers of this brand name item. This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. LG is the only brand that can supply televisions that are compatible with both the LG network and the Evideon Patient Care System. There are no other options that can satisfy the needs of these replacement. Evideon performs testing and customizations of the TV monitors throughout the hospital with LG being the connected network to ensure continuity of patient care. These monitors do not operate like normal TV monitors and are highly specialized.

6. If this is a Brand Name Justification: This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Based on extensive 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. LG TVs are the only televisions that are compatible with the LG network and the Evideon patient care system. The LG brand name for televisions is required for continued use of the network already in place.

7. Efforts to Obtain Competition: Engineering team determined that there were no other TVs that are compatible with the already established LG network of Televisions for patient care. Market research was conducted, to determine two potential distributors who could supply LG brand name Smart TV models that can support the Evideon Patient Care System. This effort yielded two sources that could supply the brand name LG TVs that meet the RMR VAMC requirement. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available.

8. 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.

9. Market Research: The government’s technical experts and contracting team worked to determine that there are no other options for this requirement. Technical experts confirmed the need for both