P03 LSJ Pharmacy Robotic Dispensing System_edit.pdf

VHAPG Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 8, Orlando Commodities Branch located at 2500 Lakemont Ave, Orlando, FL, 32814 in support of Orlando VA Healthcare System (OVAHCS).

Reference 2237 Number:

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). The National Acquisition Center (NAC) awarded a Federal Supply Schedule (FSS) Contract to ScriptPro, USA Incorporated, effective July 01, 2019, with the period of performance (POP) ending on June 30, 2024. The supply needed to fulfill this acquisition procurement is on the NAC FSS contract. It’s in the best interest to issue a task order against the NAC FSS contract.

Order against: FSS Contract Number: 36F79719D0135

Name of Proposed Contractor: ScriptPro USA, Inc.

Street Address: 5828 Reeds Road

City, State, Zip: Mission, KS 66202-2740

Phone: 913-403-7690

(3) Description of Supplies or Services:

Orlando VA Healthcare System has the need to purchase a ScriptPro Robotic Prescription Dispensing System (SRPDS) to outfit a new Multispecialty Outpatient Clinic in Daytona Beach, Florida. The requirement need a software upgrade to existing system and additional equipment increase capacity at Daytona Beach.

The estimated value of the proposed action is .

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(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays.

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

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. ScriptPro USA Incorporated is the OEM and sole proprietary rights holder of the ScriptPro Software and maintenance support for ScriptPro Robotic Prescription Dispensing Systems (SRPDS).

ScriptPro USA Incorporated is the only source who can meet all the specific requirements for providing the required service and support. ScriptPro USA Incorporated is the developer of the software and such is the sole holder of the software keys needed to support the maintenance services and software upgrades.

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Items purchased must be compatible with existing Script Pro Pharmacy Robotic Dispensing System Equipment that is currently being used throughout the OVACHS area of operations.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The NAC has already determined the rates for supplies under the schedule contract to be fair and reasonable. Although the NAC has negotiated fair and reasonable pricing, NCO 8 will seek additional discounts before placing an order.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A source sought notice (36C24823Q1157) was posted to Contracting Opportunities on May 10, 2023, for seven days. One source responded with interest of providing a Medication Dispensing

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System, however the Medication Dispense System will not meet the requirement, as the ScriptPro is required to increase capacity in Daytona and meet the upgrade to the software system already installed in the facility. The Contracting Officer determined on this basis a sole source award is recommended to ScriptPro USA Inc. Pursuant to VAAR 810.001-700, Market Research Policy. Market research was conducted through Veterans Certification on Small Business Administration, NAICS 33912.

(7) Any Other Facts Supporting the Justification: The Department of Veterans Affairs Healthcare Administration and ScriptPro establish a Business Associate Agreement (BAA) in accordance with the Health Insurance Portability and Accountably Act (HIPPA), The Health Information Technology for Economic and Clinical Health Act (HITECH), and the HIPPA Security, Security Breach Notification, and Enforcement Rule (HIPPA Rule), 45 C.F.R. Parts 160 and 164.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: None

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

Date

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

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b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.