S02_JnA_Q0273.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures:

Attachment 1: Brand Name Justification for SAP under the SAT

Last Updated: 02/01/22 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: 36C770-22-AP-0474

1. Contracting Activity: Department of Veterans Affairs, NCO 15, National CMOP Contracting Office.

2237 # 760-22-3-050-0800, Leavenworth CMOP, Leavenworth, KS.

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

Item Number

File Number

(IMF)

Description NDC Quantity Unit of Measure

Packaging Multiple

0002 3125 ESTRADIOL (ESTROGEL)

0.06% TRANSDERM GEL

50GM, E0622

17139- 0617-40

120 TU 50

0015 5112 ZOVIA 1/35E TAB, 28, 6'S,

Z0073

51862- 0894-06

72 CT 6

This is an individual brand name justification to support the procurement of the pharmaceutical items in the table above. The proposed procurement action will be a firm-fixed-price contract award for the supplies. Items are to be delivered 10 days after receipt of order.

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:

Attachment 1: Brand Name Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2

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

In accordance with FAR Part 10, VAAR 810, market research has been conducted for this acquisition.

A Vendor Information Pages (VIP) search identified 94 potential SDVOSB and VOSB s as capable vendors. An inquiry of the SBA Dynamic Small Business (DSBS) database produced 63 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 325412, pharmaceutical preparation 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, based on the exception to the Nonmanufacturer Rule (NMR) for acquisitions under $250K, a small business set-aside is feasible. Although, the NMR applies, due to the time constraints of this acquisition, there is not sufficient time to request an individual waiver to the NMR. This procurement will be solicited as a small business set-aside; and a pre-solicitation contracting opportunity was posted to SAM.gov.

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.

Prepared by:

Kelley Cunningham Date Contract Specialist

J. Braden Smith Date Contracting Officer