P03 _JA_OVER_SAT---REDACTED.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:____________ 36C770-21-AP-0434_______________________________

1. Contracting Activity: Department of Veterans Affairs, NCO 15 Contracting, Tucson CMOP 2237 # 762-21-2-040-1229

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

LINE

ITEM

NDC

#/UPC

CMOP

Item

DESCRIPTION QTY

UNIT OF

MEASURE

1 900 EA

2 1134 EA

3 900 EA

The Tucson facility requires the above items to be procured with the support of the instant justification and approval for other than full and open competition. The proposed procurement action will be a firm fixed-price contract award for the supplies.

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

The items above support Veterans Patient’s prescriptions.

This order is to be delivered in 5 days ARO.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Products have been prescribed for patients by VA Physicians. Pharmacy employees do not have the training and/or authority to countermand physician orders. “Brand Specific” products are the same thing as “dispense as written” on a physician prescription. No National Drug Code (NDC) substitutions are permitted. In the VA, Pharmacy Benefits Management (PBM) has determined that CMOP IDs in the National Drug File (NDF) will most always identify “brand specific” products in the VA PRINT NAME. This is not always inclusive where a particular NDC has been determined to be “formulation specific” by clinical evaluation performed by the PBM or in the case where only one product in the marketplace has been identified to contain the specific ingredients to match the product code.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This will be posted on beta.sam.gov as unrestricted so any vendor who can provide this item is welcome to quote.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticpated cost will be fair and reasonable based off competition or off the IGCE.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Since the procurement is over SAT then the Non-manufacture rule (NMR) applies. Due to the SBA NMR, as defined in FAR Part 19 and 13 Code of Federal Regulations (CFR) 121.406, an SDVOSB/VOSB/SB set aside of any kind is not feasible as there is no waiver of the Non-Manufacturer Rule from the SBA over the SAT for NAICS code 325413. Based on this research and policy, the rule of two cannot be met to set the procurement aside for a socioeconomic subcategory of small business. This will be posted unrestricted.

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The vendors that respond to these types of requests vary from procurement to procurement.

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: NA

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.

Juan Silva Date Inventory Management Specialist Tucson CMOP

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

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

Josie Linaweaver Date Contracting Officer

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Jeffery Crysler Date

Supervisory Contract Specialist, CMOP Team 1