36C77020Q0298-003.pdf

VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

VHAPM Part 813.106 Page 1 of 4 Original Date: 08/30/17 Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT

Acquisition Plan Action ID:__36C770-20-AP-0402____

1. Contracting Activity:

Department of Veterans Affairs National CMOP Contracting Office 3450 South 13th Street Leavenworth, KS 66048

Department of Veterans Affairs, 10 Industrial Ave Chelmsford, MA 01824-3610 Purchase request number: 761-20-2-014-0145

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

Manufacturer #

Brand INSULIN SYRINGE 0.5ML 31G 6MM Manufacturer B&D Country of Origin Unknown

Application SYRINGE UNSPSC Code

NDC 08290324911

• QTY : 240 BX

• Est Value:

• Delivery: 10 Days After Receipt of Order

Total Cost = https://www.acquisition.gov/?q=/browse/far/13

VHAPM Part 813.106 Page 2 of 4

Revision 01 Eff Date: 04/23/2018

Manufacturer # #28702 Brand CATH, SPEEDICATH COMPACT COLOPLAST #28702

Manufacturer COLOPLAST Country of Origin Unknown Application CATHETER

NDC 97621028702

• QTY : 150 BX

Brand CONTOUR NEXT (GLUCOSE) TEST STRIP

Manufacturer BAYER Country of Origin Unknown Application TEST STRIP

NDC 00193731221

• QTY: 1300 BX

Brand ONE TOUCH ULTRA (GLUCOSE) TEST STRIP

Manufacturer LIFESCAN Country of Origin Unknown Application TEST STRIP

NDC 53885024510

VHAPM Part 813.106 Page 3 of 4

Revision 01 Eff Date: 04/23/2018

• QTY: 20 BX

10 Days After Receipt of Order

Brand RESERVOIR,T:SLIM W/T:LOCK,3ML

Manufacturer TANDEM Country of Origin Unknown Application INSULIN PUMP

NDC 89152072705

• QTY: 60 BX

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. J&A supporting an RFQ for a - NAME BRAND ONLY - MedSurg Supply item, used in

Patient Care. - “Name Brand Only” meaning - no other like item will do.

b. No Generic MedSurg Item from another manufacturer will be accepted.

c. “Name Brand Only” originates with the VA Physician treating Veteran Patients

d. A VA Physician has prescribed a specific Name Brand MedSurg item for Veteran use/treatment.

e. Neither the CMOP nor Contracting Officer have the authority to change a Physician’s prescription.

f. This limits the Bids to one manufacturer but does not limit all bids from one source. –

g. One Manufacturer (Name Brand) – there are several different suppliers/sources.

4. Description of market research conducted and results or statement why it was not conducted:

• Vip.Vetbiz.Va.Gov search NAICS Code 325413 shows 25 SDVOSB’s capable of bidding.

• The CO has a reasonable expectation that two or more SDVOSBs will bid on this RFQ.

• CO has a reasonable expectation SDVOSB authorized vendors who sell the product or can get the product from an authorized source.

• It is not certain if vendors can get the product at the same cost as the manufacturer.

• The manufacturer is a large business and has never offered a quote in past solicitations.

VHAPM Part 813.106 Page 4 of 4

Revision 01 Eff Date: 04/23/2018

• Procurement is below the SAT threshold; nonmanufacturer rules applies therefore prohibiting the use of a SDBOSB set-side. However, based on the exception to the NMR for acquisitions under 250K, a small business set-aside is feasible.

• Per the Code of Federal Regulations §121.406, the performance requirements (limitations on subcontracting) and the nonmanufacturer rule do not apply to small business set-aside acquisitions with an estimated value between the micro-purchase threshold and the simplified acquisition threshold (SAT). This allows for a SB set-aside MedSurg procurement, which solicits from SB vendors who are authorized suppliers but the not the manufacturer of the MedSurg Item.

• The nonmanufacturer rule, however, applies for MedSurg procurements under the SAT.

Therefore, without a waiver in place, the solicitation (RFQ) must be released as Open Market with limited competition.

• The same SDVOSB vendors who are authorized suppliers but not the manufacturer of the product may provide a quote along with other business size classes.

• In order to request a waiver to the nonmanufacturer rule for a pharmaceutical/MedSurg procurement over the SAT, the Code of Federal Regulations §121.1203, (a), states, “Where appropriate, SBA will generally grant waivers for an individual contract or order prior to the issuance of a solicitation, or, where a solicitation has been issued, when the contracting officer provides all potential offerors additional time to respond.” In addition, §121.1203, (a)(4)(i), requires a public notice to be issued on the Commerce Business Daily and the Federal Register seeking information on small business manufacturers or processors, announcing a notice of intent to waive the Nonmanufacturer Rule for that class of products and affording the public a 15-day comment period is required.

• In order to avoid pharmaceutical supply shortages at the CMOP facilities, the facilities require an average of 10 days delivery of the pharmaceutical after the receipt of the order.

• The SBA waiver processing timeline exceeds the CMOPs required delivery timelines.

• Due to these time frames, contracting is not afforded the time to process a request for an individual waiver for it could possibly delay and negatively affect Veteran patient care.

____ ____ _____3/10/2020___________________ Name: Date Title: Inventory Management Specialist

Prepared by:

Contract Specialist

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Date Contracting Officer https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466