Brand_Name_Justification_Cell_Sorter.pdf

United States Department of Agriculture (USDA) Agriculture Research Services (ARS)

Brand Name Justification

Authority: This document is prepared in accordance with the requirements of FAR 11.105(a) (1) and FAR 13.106-3(b) (3) (i).

“Agency requirements shall not be written so as to require a particular brand name, product, or feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company unless –

(a) The particular brand-name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. . .”

Nature and Description: The USDA/ARS seeks to procure a quantity of (1) BD FACS Melody Cell Sorter BYG 4-color Plate Item# 662747.

Identification and Justification rationale: FAR 11.105(a) (1)

Rational: The requested Cell Sorter is needed to support ARS research program in the Orient Point, NY. The Location needs equipment that is Truly Reliable and has good service. Other Agencies have solicited for similar equipment and state that only this brand has good reliability and service. BD is the only brand that fulfills these capabilities.

Determination: The ordering activity determines the brand name source requirement represents the best value to the government. After an discussion among ARS, NIH, and HHS it was determined that BD branded equipment would be the best choice to provide an Cell Sorter to the current ARS/Orient Point location.

Contacting Officer’s Determination: Based on the information provided above, in accordance with FAR 11.105(a) (1) and FAR 13.106-1(b) (1) I hereby determine that the proposed brand is the only brand reasonably available.

Contracting Officer

Lynn S. Hults

Signature: