P03 Attachment 1 Exception to Fair Opportunity EO Lyons AvaSure_Redacted.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 12/30/2025 Page 1 of 5 Revision: 03

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Network Contracting Office 2 (NCO2) procuring on behalf of the VA New Jersey Health Care System at 385 Tremont Avenue, East Orange, NJ 07018-1023 (East Orange Campus) and 151 Knollcroft Road, Lyons, NJ 07939-5001 (Lyons Campus).

2. Description of Action:

The proposed sole source task order against NASA SEWP Contract Number NNG15SD78B is for a firm-fixed price (FFP) one (1) year base contract plus four (4) additional option years with Sierra7, Inc, a

. The requirement consists of the acquisition of twelve (12) additional AvaSure TeleSitter monitoring units and associated software licensing, implementation services, training services, support services, project management services, monitoring station components, and renewal of software licensing for twelve (12) currently deployed TeleSitter units.

3. Description of Supplies or Services:

The VA New Jersey Health Care System requires expansion and sustainment of the existing AvaSure TeleSitter platform currently deployed within the East Orange and Lyons Campuses. The agency needs additional TeleSitter units that are compatible with the hardware and infrastructure of the currently deployed TeleSitter system. The estimated delivery date for this requirement is 180 days after receipt of order (ARO), with a period of performance of one (1) base year and four (4) option years.

Effective Date: 12/30/2025 Page 2 of 5

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 Regulations (FAR) Revolutionary FAR Overhaul (RFO) part 16:

( ) FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.507-6(b)(2): 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 16.507-6(b)(3): 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 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee.

( X ) FAR 16.507-6(b)(5): 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 16.507-7: Items peculiar to one manufacturer. The particular brand-name, product, or s needs.

5. Rationale Supporting Use of Authority Cited Above:

The VA New Jersey Health Care System requires expansion and sustainment of the existing AvaSure TeleSitter platform currently deployed within the East Orange and Lyons Campuses. The TeleSitter system provides centralized remote patient observation and communication capabilities intended to improve patient safety, reduce patient falls, improve staff efficiency, optimize nursing resource utilization, and support continuous patient observation requirements throughout the VA New Jersey Health Care System. The requirement consists of the acquisition of twelve (12) additional AvaSure TeleSitter monitoring units and associated software licensing, implementation services, training services, support services, project management services, monitoring station components, and renewal of software licensing for twelve (12) currently deployed TeleSitter units. All of this equipment has the ability to work in conjunction with the infrastructure that is currently in place with the existing TeleSitter system. The TeleSitter system utilizes proprietary AvaSure software and is not compatible with any other system; therefore, a brand-requirement.

Effective Date: 12/30/2025 Page 4 of 5

9. Other Facts: The software is proprietary to AvaSure and no other product(s) are compatible with the TeleSitter system.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

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: prices of products in the SEWP catalog are determined to be fair and reasonable at the contract level.

Effective Date: 12/30/2025 Page 5 of 5

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

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K):

I certify the justification meets requirements for other than full and open competition.