36C77018Q0283-003.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

OFOC SOP Revision 06 Page 1 of 3 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID:_______VA770-18-AP-0488___________

1. Contracting Activity:

Department of Veterans Affairs Network 15 Contracting Office 3450 South 13th Street Leavenworth, KS 66048

The purchase request number is 760-18-2-050-0488 Items are to be delivered to the Leavenworth CMOP.

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

The VA CMOP Leavenworth - 760, 5000 S. 13th St., Leavenworth, KS 66048-5580, Consolidated Mail Outpatient Pharmacy is requesting approval to purchase BRAND NAME specific NDC drug items. This is a new procurement and will be a firm fixed price contract.

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

SET,INFUSION MINIMED #MMT-392

• NDC 76300-0392-10

• Quantity requested: 70

• Supplier: Medtronics

LINE 2 - XJ024 - GLUCOSE SENSOR (3) GUARDIAN MMT-7020

• NDC/PART# - MMT-7020(A)

NDC 43169-704-05

• Quantity of Request: 240

• Supplier: Medtronics

3. 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;

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( ) (7) Public Interest per FAR 6.302-7;

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

Within the VHA brand name drugs may be prescribed by physicians when in their clinical judgment the brand name drug will provide a better therapeutic outcome for patients. Brand name drugs are requested when there is a clinical requirement for the drug. In this case, the brand specific drug name is requested on the list above.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This will be posted on www.fbo.gov as an SDVOSB set aside, and for only for the specific brand.

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

7. Reasonable: This cost will be determined fair and reasonable due to competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: After searching NAC & GSA, there are no available contracts for any of the items requested. A search of the Center for Veteran Enterprise Vendor Information Pages indicates there are 77 SDVOSB or VOSB vendors which are engaged in the manufacture of pharmaceuticals. A query at the SBA Dynamic Search portal returned 949 possible small business vendors. However, these vendors are not engaged in manufacture, but are distributors for large business wholesalers. Because the Government is not allowed to do business using Wholesale Trade or Retail Trade NAICS codes, searches must be conducted using the manufacture NAICS code of 325413 In-Vitro Diagnostic Substance Manufacturing.

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

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: At this time, the physician has stated the above mentioned name brand drugs are the only brands that will meet the specific needs of the patients.

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.

http://www.fbo.gov/

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