Justification and Approval - TekTone Nurse Call System.pdf

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 02 Effective Date: 11/15/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Project 520-317X: Biloxi Building 1 Renovation – Biloxi, Mississippi Solicitation: 36C10F24R50025

1. Contracting Activity: Department of Veterans Affairs, Office of Construction and Facilities

Management (CFM), Office of Facilities Acquisition (OFA).

2. Nature and/or Description of the Action Being Processed:

The VA Office of Construction and Facilities Management intends to award a firm-fixed price contract which will allow for full and open competition for all elements of construction except for the item(s) specifically identified herein. Therefore, this action is a sole source justification for requiring use of the Nurse Call System that will be a component of the overall construction project 520-317X: Biloxi Building 1 Renovation.

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

As a part of overall construction, the contractor will be required to supply and install TekTone Model Tek-CARE 400 GEN3 Nurse Call System where specified within the drawings and specifications for construction of the Acute Care Inpatient Unit. The estimated total cost of the proprietary components is which represents % of the total construction value to be awarded. The estimated cost is based on the budgetary estimates provided by Anderson Enginering, May 3, 2019 and escalated based on historical Consumer Price Index (CPI) data.

It does not appear that Anderson included infrastructure in the Nurse Call estimate. Use of this nurse call system will provide an efficient means of monitoring patients and thereby enchancing the provision of patient care for the facility being constructed.

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

The statutory authority permitting other than full and open competition is:

( 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;

VHAPG Part 806.3 OFOC Page 2 of 3

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

Therefore, as indicated above, only one responsible source and no other supplies or services will satisfy agency requirements and that any other source would likely result in substantial duplication of cost to the Government that is not expected to be recovered through competition and could cause unacceptable delays in fulfilling the agency’s requirements. TekTone Nurse Call Tek-CARE 400 System exists as the Biloxi Medical Center’s current Nurse Call/Code Blue system. As Tektone is a proprietary system, the Biloxi VAMC requires continuation of TekTone Tek-CARE 400 patient stations in the Building 1 Renovation to ensure interoperability amongst nurse call system and newly installed stations. In additiona, VACO Telecommunications Specialist, Keith Van Bakel, has advertised utilizing a mix match of systems will void UL 1069 compliance. Patient safety is a key driver and high priority for the Gulf Coast Veterans Healthcare System. Introducing a new nurse call/code blue system other than the Biloxi Medical’s standard TekTone system creates a potential patient safety issue.

This would require all clinical staff to undergo new training and hold two sets of nurse call/code blue training competencies.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Efforts to ensure offers are solicited from as many potential sources as practical will include synopsizing the construction contract as required as FAR Part 5.2. This sole source justification is meant to only allow for specifying brand name for the specific nurse call system which will comprise only a very small portion of the construction contract to be awarded. Where possible, the construction contract requirements will be tailored to allow full and open competition for all but the specific nurse call system with the exception of any other items approved under separate, approved sole source justifications to be included in the solicitation.

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

Reasonable:

The anticipated cost of this proprietary system is expected to be . The costs of providing a full and open bid nurse call system is not available as there have been no previous bids requested. The only cost is based on the Anderson budgetary estimate. The result of the expense of the added cost results in continuation of a single patient monitoring system at the Biloxi Medical Center facilitating patient safety and patient care best practices. To sole source this construction requirement will provide the Government a cost savings in the field as Resident Engineer Office, Construction Team, and VA staff will not incur delays for additional design work and potential construction change requests to modify integrated MEP systems attempt to integrate into proprietary systems. Therefore, a determination has been made by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

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

Reasons Market Research Was Not Conducted:

As the Medical Center is requiring a brand name product for complete integration into an existing patient safety system, no other vendor besides TekTone can accomplish this need.

Distributors located in the Southwestern Region include Corrigan Group – Phone 800-327- 8466.

VHAPG Part 806.3 OFOC Page 3 of 3

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

From a performance and features standpoint, the TekTone TekCARE 400 GEN3 Nurse Call System does not hold a significant advantage over other manufacturers of Nurse Call Systems.

However, the following capabilities support the continuation of Tek Tone standardization throughout the Biloxi Healthcare System.

Single system campus wide: there are currently no manufacturers that offer an interface that will allow their nurse call system hardware to work directly with an existing TekTone system.

The single manufacturer spare part inventory: the campus would only need to maintain an inventory of TekTone NC parts allowing for improved material management and economics.

Single system training: staff would only require training on the existing system and its updates as opposed to having to be trained on multiple systems.

Single service contract: the campus would only need to enter into a single Service Level

Agreement (SLA) eliminating possible confusion when scheduling maintenance and service calls. This would allow the Engineering Dept to save on overall annual service contract costs as well.

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

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: N/A

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.

Khaled Zaatreh CFM Project Manager

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

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

Jason Hardy CFM Contracting Officer

JASON

HARDY

Digitally signed by JASON

HARDY

Date: 2024.04.09 08:40:59 -05'00'

KHALED

ZAATREH

Digitally signed by

KHALED ZAATREH

Date: 2024.04.09 08:01:08 -05'00'