J065--ScriptPro Support Services Base +4 Ann Arbor, Detroit, Saginaw, Toledo

VHAPG Part 808.405-6 Limiting Sources Attachment 2: Limited Sources Justification >SAT Effective Date: 02/01/2022 Page 1 of 4 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C250-23-AP-1806; 36C250-23-AP-2440; 36C250-23-AP-2935; 36C250-23-AP-3179 (1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10, 24 Frank Lloyd Wright Drive, Lobby M, Suite, 2200, in support of VISN 10 Organizational Activities: LTC Charles S. Kittles VA Medical Center, 2215 Fuller Rd., Ann Arbor, MI 48105 Toledo VA Clinic 1200 S Detroit Ave. Toledo, OH 43614 John D. Dingell VA Medical Center, 4646 John R, Detroit, MI 48201 Aleda E. Lutz VA Medical Center, 1500 Weiss St. Saginaw, MI 48602 2237 Numbers: 506-23-4-1040-0025; 553-23-4-091-0028; 655-23-4-113-0403 (2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This action is a follow-on to an FSS order 36F79719D0135, and VA FSS-BPA 36C25018A0026. Order against: FSS Contract Number: 36F79719D0135 Name of Proposed Contractor: ScriptPro USA, Inc. Street Address: 5828 Reeds Rd. City, State, Zip: Mission, KS 66202 Phone: 913-403-7690 (3) Description of Services: The estimated value of the proposed action is $1,514,344.80 including options. The services to be provided are preventative and emergency maintenance services for all ScriptPro USA, Inc. devices owned/leased and used by VISN 10 Pharmacies within VA facilities in Ann Arbor, Detroit, and Saginaw Michigan, and, Toledo, Ohio. Period of performance for services: Base: 07/01/2023 06/30/2024 Option 1: 07/01/2024 06/30/2025 Option 2: 07/01/2025 06/30/2026 Option 3: 07/01/2026 06/30/2027 Option 4: 07/01/2027 06/30/2028 (4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service. FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized: The ScriptPro machines currently in use throughout VISN 10 are owned by the government and require intermittent maintenance which can only be provided by the original manufacturer since the machines require access to proprietary data and information. ScriptPro USA, Inc. propriety technology is available only through the OEM who does not sell these services through other resellers or third-party distributors. The required services can only be met by the sole-source OEM, distributor, and service provider, ScriptPro USA, Inc. using VA FSS Contract 36F79719D0135. FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. FAR 8.405-6(b): Items peculiar to one manufacturer: A patent, copyright or proprietary data limits competition. The proprietary data is: These are direct replacements parts/components for existing equipment. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. (5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: Prices are considered fair and reasonable based upon the published price list for FSS contract 36F79719D0135. (6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market research conducted using VA s legacy VIP database, SBA s VetCert and DSBS, Dun & Bradstreet, FPDS-NG, review of service market research, GSA s eLibrary, and SAM.gov. Query of VA s legacy VIP database using NAICS 811210 returned zero SD/VOSB vendors. VetCert query using the same NAICS code returned the same results, zero vendors. The VA Rule of Two has not been met for this requirement. Query of the SBA s DSBS using NAICS 811210 returned 1,811 Small Businesses. A second query with the same NAICS code adding the name ScriptPro returned zero results. A third query, this time using only the ScriptPro name confirmed they have an active registration with the SBA as a Small Business. Review of SBA Size Standards Table using NAICS 811210 shows the threshold for Small Businesses at $34,000,000.00. Review of Dun & Bradstreet s Risk Analytics for ScriptPro USA, Inc. reported annual sales of $103,410,124.00, well above the $34 Million for that NAICS code. ScriptPro USA, Inc. is considered a Large Business for this requirement. Query of FPDS-NG returned more than 5,900 sole-source awards to ScriptPro by the VA across the United States. Reviewed recent market research conducted by the JDDVAMC and VAAAHS pharmacies, both returned the same results and recommendations for a sole-source acquisition using VA FSS Contract 36F79719D0135. SAM.gov entity search using SAM UEI# RTB3DEMJ91U4 verified ScriptPro USA, Inc. has an active registration with the government and is eligible for all awards. (7) Any Other Facts Supporting the Justification: Trends in the market continue to be of the singular channel. The OEM maintains intellectual and physical ownership of their proprietary technologies, equipment, and maintenance services. There are no other service providers who can supply parts and service for the ScriptPro USA, Inc. systems. (8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: Any future requirements like this will have similar market research to this one performed to see if there have been any changes in the marketplace for these services and if possible, will be competed in the future. (9) Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. ______________________________________ __________ Signature Date: Pharmacy Technician VA Ann Arbor Healthcare System (VAAAHS) ______________________________________ __________ Signature Date: Administrative Officer Pharmacy John D. Dingell VA Medical Center (JDDVAMC) (10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: a. Contracting Officer s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. ______________________________________ __________ Signature Date: Contracting Officer Network Contracting Office (NCO) 10 b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition. ______________________________________ __________ Signature Date: Acting Branch Chief Network Contracting Office (NCO) 10 HIGHER LEVEL APPROVAL (Required for orders over $750,000): ______________________________________ __________ Signature Date: Division Chief Network Contracting Office (NCO) 10 ______________________________________ __________ Signature Date: Director of Contracting Network Contracting Office (NCO) 10 c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. ______________________________________ __________ Signature Date: Acting Executive Director Regional Procurement Office Central (VHA)