JA Over SAT Updated TJ SIGNEDmdc.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_____ 36C263-23-AP-1241_____________________

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Minneapolis Medical Center, 1 Veterans Dr., Minneapolis, MN 55417; 2237: 618-23-1-040-0037

2. Nature and/or Description of the Action Being Processed: This is a new Firm Fixed Priced contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement is intended to offer a safe, cost-effective observation, communication, and analytic solution to the care companion needs throughout Minneapolis VA Health Care System (MVAHCS). A Brand-name only contract is desired to purchase this technology solution made by AvaSure, called TeleSitter, Virtual Patient Monitoring System. This acquisition effort seeks to improve patient safety and facilitate patient care by centralizing monitoring of patients requiring continuous observation. The TeleSitter solution is a continuous virtual monitoring solution in which a single trained hospital staff member uses video to watch multiple patient rooms simultaneously from a remote location intervening via audio or alerts when needed to keep patients, families, and their caregivers safe from harm.

Estimated value is $51 , . Period of performance is 07/01/2023 – 06/30/2023.

Item # Description (Part Number) Qty

AvaSure Software - Standard - 1 Year (P/N: AVA-E-

0104-1Y) 25

Guardian Hardware - Mobile - Wireless - FIPS - Transport Battery (P/N: AVA-M-0203-1) 25

3 US Power Cord - 10' Medical (P/N: A-000285) 25 4 Shipping and Handling (P/N: AVA-SHIPHAND) 25

Spare Parts Kit with 10ft power ord (P/N: AVA-SK- 0101-3) 2

6 AvaSure Install Services (P/N: AVA-SERV-0109) 1

AvaSure Project Management Services (P/N: AVA-

SERV-0111) 1

8 AvaSure Clinical Services (P/N: AVA-SERV-0117) 1 9 Monitor Station - 40" Monitor 3

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 01 Effective Date: 04/01/23

4. 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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

The AvaSure TeleSitter Solution is designed, manufactured, sold, and distributed exclusively in the United States by AvaSure, LLC, which is a wholly-owned subsidiary of AvaSure Holdings, Inc. The vendor has only one authorized distributor, Sierra 7, which can provide the equipment other than the OEM. AvaSure is partnered with almost 1000 hospitals and 21 VAMC’s around the country in all sizes, scopes, and complexities. There is no other vendor capable of providing the same equipment, features, and proven performance as the TeleSitter system. Additionally, the TeleSitter system is currently approved by the VA Technical Reference Manual (TRM). Adherence to the VA TRM is essential to improving the technical environment within VA. Accordingly, AvaSure LLC is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This equipment is highly proprietary and only available through the OEM, AvaSure, or its authorized distributor, Sierra 7. Open market competition will be employed to gain competitive quotes from these two sources with the lowest price technically acceptable being selected.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This equipment will be fair and reasonable based on competition between the OEM and its authorized distributor. Additionally, the OEM’s authorized distributor, Sierra 7 Inc., has a current GSA contract (GS-35F-0834R) with this equipment in which prices have already been found fair and reasonable. Prices received will be compared to posted GSA pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Per information received from the OEM, AvaSure, only themselves, a small disadvantaged business, and their authorized SDVOSB distributor are authorized to sell and install this proprietary equipment. National databases

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 01 Effective Date: 04/01/23 were searched to determine if national contracts exist for either vendor. GSA contract GS- 35F-0834R was found for the authorized SDVOSB distributor, Sierra 7. No other active contracts could be found with the other vendor or other contract vehicles in which orders could be placed for the equipment. Therefore, the Rule of Two cannot be met. Additionally, since there are two vendors that can provide the equipment and both are small businesses then a competitive open market small business set-aside procurement is most appropriate.

There are 337 SD/VOSB vendors performing work under the NAICS code 334290 nation wide according to VetCert. According to information provided by the OEM the equipment is manufactured in the US. BAA does not apply.

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:

AvaSure 5801 Safety Drive NE Belmont, MI 49306 Daniel Martin, daniel.martin@avasure.com, 616-323-1577 or 616-301-0129

Sierra7, Inc.

3190 Fairview Park Drive, Suite 350 Falls Church VA 22042 Mary Richard, mrichard@sierra7.com, 304-676-8213.

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: This is a single purchase of equipment and installation. No future acquisitions are planned to purchase more equipment for this location. Service to this equipment will be procured through a separate contract. Any additional equipment required will be evaluated against currently available systems and their functions compared against the AvaSure Telesitter system and the economic viability of purchasing a separate system that is TRM compliant.

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.

Cameron Rick

___0 / 1/2023___________ Date

Contract Specialist

NCO 23

CAMERON RICK

Digitally signed by CAMERON

RICK

Date: 2023.06.02 10:26:50 -05'00'

VHAPG Part 806.3 OFOC Page 4 of 4 Revision: 01 Effective Date: 04/01/23

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.

Traci Johannes Date Contract Specialist

NCO 23

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.

Michael Casper Date Branch Chief

NCO 23

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.

Name Date VHA Head of Contracting Activity (HCA)

d. VHA Senior Procurement Executive Approval (over $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Name Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs

06/02/2023

VHADESCaspeM Typewritten Text 6/5/2023