Brand Name Only - Limiting Sources Justification FSS BELOW 250K - AudioCARE PREFILL.pdf

Attachment 1: Justification for Limiting Sources for Micro-Purchase Threshold up to the SAT

VHAPG Part 808.405-6 Limiting Sources Page 1 of 2 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: 36C263-26-AP-3292

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<SAT)

Acquisition Plan Action ID: 36C263-26-AP-3292

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office

23, located at 1303 5th St, Coralville, Iowa 52241, in support of St. Cloud Health Care System at 4801 Veterans Dr., St. Cloud, MN 56303.

2237: 656-26-4-1003-0417

2.

This is BRAND NAME Only requirement

3. Description of Action: This is a base plus 4 option years contract AudioCARE PREFILL for all three NWIHCS pharmacy locations. Estimated Price: $54,553.00 for the base year;

$220,182.35 for base plus 4 option years.

4. Order against: FSS Contract Number: 47QTCA22D00CM

Name of Proposed Contractor: Payton Merger Sub II LLC Street Address: 1025 Chapala St.

City, State, Zip: Santa Barbara, CA 93101

5. Description of Supplies or Services:

Requesting:

1 (one) Audio PREFILL 1 (one) TM-PREFILL 10 (ten) ACS-TM-BASE AudioCARE PREFILL, TM-PREFILL, ACS-TM-BASE are components of the complete AudioCARE PREFILL system, which is used in conjunction with existing AudioCARE systems to refill patient prescription medications.

The estimated value of the proposed action is $220,182.35

6. Authority:

Order Against FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

https://www.acquisition.gov/far/part-8#FAR_8_405_6

Attachment 1: Justification for Limiting Sources for Micro-Purchase Threshold up to the SAT

VHAPG Part 808.405-6 Limiting Sources Page 2 of 2 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: 36C263-26-AP-3292

An urgent and compelling need exists, and following the procedures would result in unacceptable delays(FAR 8.405-6(a)(1)(i)(A);

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

(FAR 8.405-6(a)(1)(i)(B));

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures (FAR 8.405- 6(a)(1)(i)(C)); or

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

7. Rationale/explanation to support cited authority: St. Cloud VA pharmacies currently use AudioCARE Software for prescription refill services. The St. Cloud Health Care System currently owns the AudioCARE software and also has a current service contract for the AudioCARE System. The AudioCARE PREFILL is an added function that allows automated renewal calls and messages, and automed prescription medication refills. The PREFILL system purchased will have to communicate with the AudioCARE software in order function. AudioCARE PREFILL is the only system that works with the software. No other brand operates with the AudioCARE systems.

8. BRAND NAME ONLY: This buy is estimated to exceed $25,000 and this documentation will be posted along with the RFQ on e-Buy, as required by FAR 8.405-1(e).

9. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

Amanda Patterson-Elliott Contracting Officer/Designee

NCO 23

https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-6#FAR_6_303