S02_JnA_Q0139.pdf
PDF 234 KB Posted
- Solicitation number
- 36C77023Q0139
About this file
This document contains a brand name justification for a federal contract opportunity issued by the Department of Veterans Affairs. The justification supports the procurement of Contour Next glucose test strips from a single source to fulfill a requirement for 3,672 test strips across two stock keeping units. The brand name justification cites that the test strips have been prescribed for patients by VA physicians and pharmacy employees do not have authority to substitute other products. Market research found potential small business vendors through the SBA VetCert and DSBS databases, but none that were manufacturers per the applicable NAICS code. An SBA NMR waiver and planned MIAO waiver after award would also be required due to domestic non-availability of the foreign-manufactured test strips. The related federal contract opportunity is for solicitation number 36C77023Q0139 for glucose test strips to be fulfilled from the Leavenworth, Kansas CMOP facility as a SDVOSB set-aside.
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Other files
| File | Type | Posted |
|---|---|---|
| S02_NMR waiver.pdf | ||
| S02_Pricing Schedule_Q0139.xlsx | XLSX spreadsheet | |
| 36C77023Q0139_1.docx | DOCX document |
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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-0263
1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 15, CMOP Division.
2237 # 760-23-2-050-0471, 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 15078 CONTOUR NEXT (GLUCOSE)
TEST STRIP 50CT (XR423)
00193- 7311-50
360 BX 50
0002 15079 CONTOUR NEXT (GLUCOSE)
TEST STRIP 100CT (XR423)
00193- 7312-21
3312 CT 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.
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 70 potential SDVOSB and VOSB’s as capable vendors. An inquiry of the SBA Dynamic Small Business (DSBS) database produced 49 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. Contour Next glucose test strips are manufactured in Japan 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.
Kelley Cunningham Date Contracting Officer
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