S02 Atch1_SingleSourceJustification_MPT-SAT_SDVOSB_MedSurg_325413_COsigned_P_Redacted.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 2 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID:_36C770-21-AP-0094

1. Contracting Activity: Department of Veterans Affairs, NCO15 Contracting/CMOP Division, CMOP Leavenworth, KS. PR 2237#: 760-21-050-0158.

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

This is an individual brand name justification to support the procurement of the Med Surg item in the table above. The proposed procurement action will be a firm-fixed-price contract award for the supplies with an estimated award amount of .

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

Product has 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 s 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.

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

In accordance with FAR Part 10, VAAR 810, market research has been conducted for this acquisition.

A Vendor Information Portal (VIP) search identified 50 potential SDVOSBs and VOSBs as capable

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 2 of 2 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020 vendors. An inquiry of the SBA Dynamic Small Business (DSBS) database produced 146 small businesses.

These vendors are not manufacturers, but they are distributors for large business wholesalers. The Government is not allowed to do business using wholesale trade or retail trade NAICS codes, searches must be conducted using the manufacture NAICS code 325413, in-vitro diagnostic substance manufacturing. Although, the exception to Non-manufacturer rule (NMR) applies only to the small business (SB) category, the SBA’s waiver (see P02 Market Research Report) for glucose testing strips provides that the Rule of Two does apply to this procurement. The VA Rule of Two requirement can be met based on the market research and the SBA’s Non-manufacturers’ Rule waiver.

This procurement will be solicited as a SDVOSB set-aside; and a pre-solicitation contracting opportunity was posted to Beta.SAM.gov.

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.

Ralph Crum Date Contracting Officer

Ralph R. Crum 547284

Digitally signed by Ralph R. Crum 547284 Date: 2020.12.15 11:28:55 -06'00'