S02_JnA_Q0039_AllSigned_.pdf

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

DEPARTMENT OF VETERANS AFFAIRS

Justification for Brand Name IAW FAR 13.106-1 For

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

Acquisition Plan Action ID: 36C770-23-AP-0059

1. Contracting Activity: Department of Veterans Affairs, NCO 15, National Contracting Office, CMOP Divsion. 2237 # 760-23-1-050-0101, Leavenworth CMOP, Leavenworth, KS

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

Item Number

ITEM MASTER

FILE NUMBER Description Quantity

Unit of Measure

Packaging Multiple

MANUFACTURER

PART NUMBER

(MPN)

0001 15079 CONTOUR NEXT (GLUCOSE) TEST STRIP 100CT (XR423) 1488 CT 100 7312

0002 15124 CONTOUR (GLUCOSE) TEST STRIP 100CT, XU443 912 BX 100 7090G

0003 15740 LANCET,ONETOUCH DELICA PLUS 33G 100CT XJ663 3816 BX 100 XJ663

0004 6243 ONE TOUCH ULTRA (GLUCOSE) TEST STRIP 50CT (XZ173) 288 BX 50 XZ173

This is an individual brand name justification to support the procurement of the four (4) Brand Name Specific Med/Surg items, in the above table. The proposed procurement action will be a firm-fixed-priced contract.

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.

The National Acquistion Center (NAC) database was checked for FSS/PV/GSA contracts; this search yielded no results. Next, the Vendor Information Pages (VIP) search identified 44 potential SDVOSB and VOSB’s as capable vendors. An inquiry of the SBA Dynamic Small Business (DSBS) database produced 41 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;

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT however, the SBA has granted an NMR waiver for diabetic test strips and the VIP database search concluded there are SDVOSB suppliers for the above referenced product. Therefore, the “Rule of Two” can be met and an SDVOSB set-aside is feasible. A pre-solicitation contracting opportunity will be 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 the price factors of this solicitation. This 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.

Jennifer Knight Date Contract Specialist

J. Braden Smith Date Contracting Officer