P03 -Attachment 1 FAR 13.5 Sole Source Justification - Over SAT AP-6089 redacted.pdf

36C246-23-AP-6089

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-23-AP-6089

1. Contracting Activity: The Department of Veterans Affairs, Network Contracting Office (NCO) 6, proposes to enter into a contract on the basis of other than full and open competition for the Salisbury VA Medical Center. Purchase Request 659-24-1-136-0002.

2. Nature and/or Description of the Action Being Processed: This procurement is for AvaSure brand name only telesitter software license in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. Network Contracting Office 6 intends award a new firm-fixed-price contract for AvaSure brand name only software license that will be utilized by facility for the Avasure Telesitter equipment that is onsite. This software license allows medical personnel to monitor multiple high-risk residents from one location.

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

Software is a continuous video monitoring solution that can watch up to 16 patients from a remote location. This requirement is to provide 12 Telesitter Software license from 10/01/2023 – 07/12/2024, and add 12 (total 24) Telesitter Software license in OY1, OY2, OY3, and OY4. Avasure is the only software license that is compatible with the camera devices at the workstation and full insfrastructure that is utilized by the facility. The total estimated cost is $ and the required date is October 1, 2023.

Estimated Value:

Base 10/01/2023 – 07/12/2024 Qty 12 EA

OY1 07/13/2024 – 07/12/2025 Qty 24 EA

OY2 07/13/2025 – 07/12/2026 Qty 24 EA

OY3 07/13/2026 – 07/12/2027 Qty 24 EA

OY4 07/13/2027 – 07/12/2028 Qty 24 EA

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute

Effective Date: 02/01/2022 Page 2 of 3

( ) National Security ( ) Public Interest

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

The Avasure software brand is the only brand that is compatible with the equipment utilized throughout the facility. Purchasing another brand of software license would lead to the government having to replace the equipment at the facility as it would not be compatible with the camera devices at the workstations and full insfrastructure that is utilized by the facility. These additional costs to the government are not expected to be recovered through competition. It is in the best interest of the government to maintain the Avasure brand of software.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted and detailed in section 8 of this document. A presolicitation notice of this proposed contract action will be published approximately September 15, 2023 to the government point of entry SAM.GOV in accordance with FAR subpart 5.2.

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

Reasonable: Prices will be determined to be fair and reasonable based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Based on the results of market research it was determined that AvaSure TeleSitter software license is proprietary and no other software license will integrate with what is currently installed and in use at the medical and health care centers. Market research revealed that this can be purchased from AvaSure (OEM)(SB) and Sierra7 (SDVOSB). An authorization letter from the OEM will be added to the contract file.

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: None

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: The Government will continue to conduct thorough market research to gauge the commercial marketplace capabilities for future requirements.

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.

Effective Date: 02/01/2022 Page 3 of 3

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.

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.

c. NCO 6 Director of Contracting: I certify the justification meets requirements for other than full and open competition.

d. 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.

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