JA-Other-Than-Full-and-Open_NCPDP_Redacted.pdf

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actionsother than simplified acquisition procedures(select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

The National Drug Code is integral in linking incoming data to therapeutic classes. CMS must receive current fields in this drug database to insure correct payment to plans and oversight. CMS requires that NCPDP provide a file of all NCPDP pharmacies, the NCPDP ID (record key), name and address of the pharmacy, and their corresponding information regarding licensing, type of pharmacy, etc. and provides notification of any changes.

NCPDP is the sole source of this data, as they are the industry consortium that runs the Electronic Data Interchange (EDI) standards and infrastructure for pharmacies across the United States. If NCPDP were unable to provide CMS with the specific data elements unique to NCPDP, changes in vendors or interruption of receipt of this service would create a significant risk to CMS and the administration of the Medicare Part D program. NCPDP provides weekly (transaction) and monthly (master) files of current pharmacy data that enables the DDPS to perform accurate payment to plans and perform legislative program oversight against fraud, waste, and abuse.

There is no other commercial source that provides these databases that enables CMS to perform Part D validation of

Prescription Drug Events (PDEs) in the Drug Data Processing System (DDPS) as they are processed.

Therefore, NCPDP is the only source that can meet CMS requirement.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5)

Other (See FAR Subpart 6.3 for additional authority)

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

Not Applicable

14. Legal Review: N/A

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)): N/A

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

16. Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million

(value calculated including all options)): N/A

Concur:

Non-Concur:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million

(value calculated including all options)): N/A

18. Department Competition Advocate (Required for contracts exceeding $68 million (value calculated including all options)): N/A

Concur:

Non-Concur:

19. HHS Senior Procurement Executive (SPE) Approval: N/A Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: