36C77018Q0267-003.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

1. Contracting Activity: Consolidated Mail Outpatient Pharmacy, Leavenworth, KS 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 CMOP Leavenworth location at 5000 S.

13th St Leavenworth, KS 66048. The Purchase Request number is 760 18 2 050 0442.

2. Nature and/or Description of the Action Being Processed: This is a Justification and Approval request for the use of Name Brand Only and Urgent and Compelling. The requirement is for stock replenishment of medical supplies prescribed for patients and filled by CMOP at a firm fixed price. This requirement will provide for the continued uninterrupted supply of direct patient care items required by the Facility.

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

LINE IFCAP NDF DESCRIPTION QTY

ORDERED COST/ BT TOTAL DELIVERY DELIVERY

COMMENTS

1 487 XZ835

Brand Name: Medtronic

MMT332A, RESERVOIR

MINIMED 10CT/BOX

On or before 7 days ARO n/a

2 912 XZ834

Brand Name: Medtronic

MMT377, SET, INFUSION

MINIMED 10CT/BOX

On or before 7 days ARO n/a

3* 6820 XV652

Brand Name: Medtronic

MMT381, SET:

MEDICATION

ADMINISTRATION,

PARADIGM SILHOUETTE,

13 MM CANNULA,

ADHESIVE DRESSING, 23

INCH TUBING,

DISPOSABLE, STERILE

SET/BOX

On or before

09 FEB

This requirement is urgent and compelling.

4 204 XV094

Brand Name: Medtronic

MMT326A,

RESERVOIR,MINIMED

10/BX

On or before 7 days ARO n/a

5 6823 XT791

Brand Name: Medtronic

MMT386,

SET,INTRAVENOUS

ADMINISTRATION,

INFUSION, QUICK

SET,LENGTH 32 INCH, 9

MM CANNULA INFUSION

MINIMED (XT791)

SET/BOX

On or before 7 days ARO n/a

Estimated Total: 0

*Line Item 3 is now out of stock for the Leavenworth CMOP due to unforeseen increase of patient need.

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);

( X ) (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):

REF: FAR 6.302 1 (2) …from only one source or a limited number of responsible sources…" In which brand name requirement can be fulfilled by numerous vendors which limits competition.

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106 1(b)(2).

(2) "For sole source (including brand name) acquisitions of commercial items in excess of the simplified acquisition threshold conducted pursuant to subpart 13.5, the requirements at…" 13.501(a)(2)(i) apply:

(a) Sole source (including brand name) acquisitions.

(2) Justifications and approvals are required under this subpart for sole source (including brand name) acquisitions or portions of an acquisition requiring a brand name. If the justification is to cover only the portion of the acquisition which is brand name, then it should so state; the approval level requirements will then only apply to that portion.

(i) For a proposed contract exceeding $150,000, but not exceeding $700,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

Considering the qualifications noted above, the brand name Medtronic

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

This requirement is a Brand Name Only request with a Urgent and Compelling requirement for one line item as noted in paragraph 2 above. It is not restricted by socioeconomic concerns and market research and historical research as outlined below has shown there are numerous contractors who are capable of providing the products required.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Utilizing the aforementioned market research queries, historical results and unrestricted competition reqgarding socioeconomic confines the anticipated cost will be considered fair and reasonable based on

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market Research included queries of the National Acquisition Center (NAC), GSA, SBA, VetBiz and VISTA for historical purposes which showed numerous contractors listed under search results of the NAIC 325413 and/or the Brand Name of Medtronics with specific part numbers.

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

Prior to solicitation posting with a need date of 17 FEB 2018, the Leavenworth CMOP notified contracting that one of the line items was now on the "shortage report". This was due to an unforeseen increase in usage.

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

A synopsis was posted 30 JAN 2018. To date, no queries have been received from contractors.

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

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.

13. Approvals in accordance with FAR 6.304

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

Name: Date

CONTRACTING OFFICER

Facility: NETWORK 15 CONTRACTING OFFICE

b. NCM/PCM : I certify the justification meets requirements for other than full and open competition.

Date

NETWORK CONTRACT MANAGER

NCO 15

Lori J. Nichols Fellows 1029477

Digitally signed by Lori J.

Nichols Fellows 1029477 Date: 2018.02.02 14:26:23 -06'00'

James D. Justus 1030208 Digitally signed by James D. Justus 1030208 Date: 2018.02.02 14:28:11 -06'00'