S02.JA Q0269.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Brand Name Justification for SAP under the SAT

Last Updated: 02/1/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Brand Name Awards IAW FAR 13.106-1 For

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

Acquisition Plan Action ID: 36C770-23-AP-0616

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 15, CMOP Division.

2237 #760-23-3-050-0985, Leavenworth CMOP, Leavenworth, KS.

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

Item Number

File Number

(IMF)

Description Local Stock

Number

Quantity Unit of Measure

Packaging Multiple

0001 6247 ONE TOUCH ULTRA (GLUCOSE)

TEST STRIP 100CT (XZ173)

53885- 0245-10

2712 BX 100

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

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.

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Brand Name Justification for SAP under the SAT

Last Updated: 02/1/22 Page 2 of 2

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 U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) search identified 80 potential SDVOSB and VOSB’s as capable vendors. An inquiry of the SBA Dynamic Small Business (DSBS) database produced 18 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 manufacturer NAICS code 325413, in-vitro diagnostic substance manufacturing. 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; however, the SBA has granted an NMR waiver for diabetic test strips and the VetCert database search concluded there are SDVOSB suppliers for the above referenced product. Therefore, the “Rule of Two” can be met and a SDVOSB set-aside is feasible. A pre-solicitation contracting opportunity was posted to SAM.gov. advising industry of the pending acquisition and soliciting inquiries from interested parties. Furthermore, in accordance with FAR Part 25, the Buy American Act (BAA) applies to this solicitation. One Touch glucose test strips are manufactured in United Kingdom and therefore this procurement requires a waiver for domestic non-availability from the Made in America Office (MIAO). Due to the urgency of this requirement and to ensure Veteran’s receive their prescriptions, the waiver will be submitted to the MIAO post award to ensure there is no disruption in service to Veterans. This procurement will be a SDVOSB set-aside due to the SBA’s NMR waiver for diabetic glucose test strips.

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.

Kayla Powers Contracting Specialist

J. Braden Smith Contracting Officer

KAYLA

POWERS

Digitally signed by

KAYLA POWERS

Date: 2023.05.15 10:47:28 -05'00'

JUSTIN SMITH

Digitally signed by JUSTIN

SMITH

Date: 2023.05.15 12:59:34 -05'00'