S02_JnA_Q0225_.pdf

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760-23-2-050-0748 - Leavenworth CMOP Reservoir/Omnipod (VA-23-00056662)
Solicitation number
36C77023Q0225
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This document is a brand name justification under the Federal Acquisition Regulation Part 13.5 Simplified Acquisition Procedures for Certain Commercial Items. The Department of Veterans Affairs Contracting Office is seeking to procure medical surgical supplies, including 5,400 units of Omnipod reservoir kits, on a firm-fixed-price contract for delivery within 10 days of order receipt. The justification cites FAR 13.5 and 41 U.S.C. 1901 to restrict competition and permit a sole source award, as the products have been prescribed for VA patients by physicians, and pharmacy employees are not authorized to substitute other products.

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VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

Attachment 1: Request for Sole Source Justification Template >SAT-$7.SM under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:36C770-23-AP-0452.

1. Contracting Activity: Department of Veterans Affairs, NCO 15 - CMOP Division - Contracting Office. 2237 # 760-23-2-050-0748, Leavenworth CMOP, Leavenworth, KS.

2. Nature and/or Description of the Action Being Processed: This procurement is for medical surgical supplies (med/ surg) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The proposed procurement action will be a new firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency's Needs: This is an individual brand name justification to support the procurement of the medical surgical items listed below in the following table. Items are to be delivered 10 days after receipt of order.

ITEM Unit

Item MASTER FILE CMOP gf Plldlqlng

Number NUMBER location Daatlltlan LOCAL STOCK NUMBER Quantity Meauiw Multlple

0001 19387 VA CMOP Leavenworth· 760 RESERVOIR,OMNIPOD 5 G& CGENSJ SCT, Xl201 08508-3000-21 3600 PG

4. .Statutory Authority Pennitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified

Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Products have been prescribed for patients by VA physicians. Pharmacy employees do not have the training and/ or authority to countermand physician's orders.

"Brand Specific" products are the same thing as "dispense as written" on a physician's prescription. No National Drug Code (NOC) substitutions are permitted. In the VA, Pharmacy Benefits Management (PBM) has determined that CMOP

Last Updated: 02/01/22

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