S02_JnA_Q0050.pdf

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

Revision: 01 Effective Date: 11/15/2024 Page 1 of 2 Acquisition ID#: 36C770-26-AP-0166

DEPARTMENT OF VETERANS AFFAIRS

Justification for Brand Name Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($350K)

Acquisition Plan Action ID: 36C770-26-AP-0166

1. Contracting Activity:

The Department of Veterans Affairs, Network Contracting Office (NCO) 15 – Consolidated Mail Outpatient Pharmacy (CMOP) Division on behalf of the Shawnee (Leavenworth) CMOP.

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

ITEM

NUMBER

DESCRIPTION (MPN) QTY UNIT OF

MEASURE

MANUFACTURER PLACE OF

MANUFACTURING

MACHINE MODEL #

0001 MAILER, SPRINT

SIDEPOUCH, 101206555

1394835 / 101206555

360 CS Autobag - Automated Packaging Systems with Sealed Air

USA Sprint Auto Packer

0002 MAILER, AUTOBAG 550,

12X14, 2.5 MIL,

101298706

101298706 1224 CS Autobag - Automated Packaging Systems with Sealed Air

USA AutoBag 550 Semi- Auto Packer

This is an individual brand name justification to support the procurement of the 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:

Mailers are used in the auto and semi-automated packaging machines at Shawnee CMOP. The mailers are used to mail tens of thousands of prescriptions to Veterans each day.

This request is for a 30-day supply of mailers for the two types of packaging machines at CMOP.

The Shawnee CMOP is new and will be replacing Leavenworth CMOP, once fully operational;

however, at this time they are still in the testing phase to ensure the system is functioning correctly.

Therefore, to mitigate any potential supply chain issues, no deviations from current operational supplies shall be introduced during this stage of testing. Mailers must be compatible with specific packaging machines during the testing phase of the new Shawnee CMOP. No variations can be introduced to avoid operational disruptions. This is a temporary measure during the transition from Leavenworth to Shawnee CMOP.

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

In accordance with FAR Part 10, VAAR 810, and VAAM M810 market research has been conducted for this acquisition. The procurement packet was received on November 24, 2025. Market research was conducted beginning December 1, 2025, for the upcoming acquisition.

https://www.acquisition.gov/?q=/browse/far/13

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

Revision: 01 Effective Date: 11/15/2024 Page 2 of 2 Acquisition ID#: 36C770-26-AP-0166

A sources sought notice was posted on 1 December until 3 December looking for qualified vendors able to fulfill the Shawnee (Leavenworth) CMOPs requirement. Seven vendors expressed interest in the requirement. Five vendors were SDVOSB concerns, one vendor was a WOSB concern and one was a SB concern. Only one vendor could provide both items from their GSA schedule and all vendors stated they are authorized distributors to the OEM. Of the seven vendors only five could provide the requested brand specific product from Automated Packaging/Sealed Air.

The Contracting Officer conducted further searches in SBA Small Business Search utilizing NAICS code 326111 and yielded a total of 1 SD/VOSBs who identified as an authorized distributor. This search resulted in 4 small businesses who identified as authorized distributors.

The Contracting Officer reviewed the Non-Manufacturer Rule (NMR). In accordance with the NMR as defined in 13 CFR § 121.406, the requirement that a Non-Manufacturer supply the product of a small business concern is referred to as the NMR. In order to qualify as a small business concern for a small business set-aside, an offeror must either manufacture the item in accordance with the Limitations on Subcontracting (see FAR section 52.219-14, 52.219-27 and 13 C.F.R. § 125.6) or supply the product of a small business made in the United States. There is an existing NMR class waiver for NAICS 326111 that covers the plastic bag mailers in this requirement which was posted to the Federal Register in 73 Fed.Reg. 24101 on May 1, 2008. The current list of NMR Class Waivers is maintained by the SBA and can be found at Non-manufacturer rule class waiver list | U.S. Small Business Administration (sba.gov). On June 16, 2016, the U.S. Supreme Court ruled that consistent with Public Law 109-461 (38 U.S.C. 8127 and 8128), the VA shall award contracts based upon competition restricted to SDVOSBs or VOSBs when a contracting officer has a reasonable expectation, based on market research, that two or more firms listed as SDVOSB certified concerns in the SBA’s database are likely to submit quotes and an award can be made at a fair and reasonable price that offers best value to the United States. This is known as the “VA Rule of Two”.

Following the completion of market research, the CO determined there is a reasonable expectation that quotes would be received from two (2) or more SDVOSBs that can comply with the NMR. As the VA emphatically supports maximum SDVOSB/VOSB participation in all requirements, this set-aside decision advances this objective. As such it was deemed to be in the best interest of the Government to utilize other than competitive procedures to set aside the requirement for SDVOSB concerns to satisfy VA’s Rule of Two.

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.

Kelley Cunningham Date Contracting Officer Network Contracting Office 15, CMOP Division https://www.sba.gov/document/support-non-manufacturer-rule-class-waiver-list https://www.sba.gov/document/support-non-manufacturer-rule-class-waiver-list https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466