-14400.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format <SAT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (<SAT)

Acquisition Plan Action ID:________VA770-18-AP-0555______________________________

1. Contracting Activity: Consolidated Mail Outpatient Pharmacy Dallas, TX the Department of Veterans Affairs Network 15 Contracting Office (NCO), 3450 S. 4th St Trafficway, Leavenworth, KS 66048 is the contracting agency . Supplies will be purchased for the Dallas, TX VA CMOP.

2. Nature and/or Description of the Action Being Processed: The Dallas Consolidated Mail

Outpatient Pharmacy (CMOP) is Requesting approval to procure this Sole Source procurement to fill prescriptions for the seven (7) CMOP’s Lancaster services. Atos Medical Inc., a small business, is the manufacturer of this product and will not authorize any distributors. This proposed action is a firm fixed price contract with monthly deliveries until

October of 2018.

The items requested are two (2) brand specific items that have been procured before with the last procured result of a cancellation on February 09, 2017. This award was made to a SDVOSB and cancelled as ATOS Medical Inc. will only take direct purchases.

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

Item

# Description/Part Number* Qty

1 HEAT & MOISTURE EXCHANGER,PROVOX #7290 300

2 HEAT & MOISTURE EXCHANGER,PROVOX #7291 800

OFOC SOP Revision 08 Page 2 of 3

The requested items are to be delivered as shown in the table below.

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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 Dallas Consolidated Mail Outpatient Pharmacy (CMOP) is Requesting approval to procure this Sole Source procurement to fill prescriptions for the seven (7) CMOP’s Lancaster services. Atos Medical Inc., a small business, is the manufacturer of this product and will not authorize any distributors. This proposed action is a firm fixed price contract with monthly deliveries until October 2018 ATOS Medical Inc. will only take direct purchases.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Lancaster CMOP has procured this product many times in the past from SDVOSB but as of January, 2017the manufacturer has cancelled purchases to other distributors for mishandling of distribution.

This product was procured on January 20, 2017, awarded on January 26, 2017, and cancelled on February 09, 2017 because Atos Medical Inc. was not allowing other vendors to distribute product.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The IGCE contains the estimated cost to the government and serves as the recognition of F&R.

OFOC SOP Revision 08 Page 3 of 3

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

Market Research Was Not Conducted: ATOS Medical Inc. has indicated that these items must be purchased directly from them.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: An attempt was made in December 2016 to purchase these items (763-17-1-021-0143). It was at that time ATOS Medical Inc. informed vendors these items must be purchases directly from them. The attempt to solicit these itmes on 12/27/2017 RFQ (36C77018Q0194) gave the same results as above, and lead to an award to ATOS Medical Inc. for these items.