A15_BN_Tonometer_140D0423Q0573_redacted_Redacted.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

BRAND NAME JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

USING SIMPLIFIED ACQUISITION PROCEDURES (SAP) UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD (SAT)

AUTHORITY: FAR 13.106-1(b)(1)

SOL # 140D0423Q0573

1. Contracting activity/agency. Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate, Division 3, Branch 1 on the behalf of the Department of Health and Human Services, Indian Health Services, Four Corners Regional Health Center.

2. Description of supplies or services required to meet agency needs. This is a brand name justification for an exception to fair opportunity in accordance with FAR 13.106-1(b)(1) as there is only one manufacturer (Icare) capable of meeting the supplies required at the level of quality required as such supplies are unique or highly specialized.

In accordance with FAR 13.106-1(b)(1), Icare 200 tonometer with the case are required to accurately measure eye pressure without causing any discomfort. This brand is the only that does not require the use of eye drops, dies not aerosolize tears and is well tolerated by patients, is more comfortable for patients with mobility impairments and eliminates infection control concerns since the disposal probe is the only part that has contact with patient tears.

The requirement includes the purchase of two (2) Icare 200 tonometer with case. The total estimate value of the award is . All items shall be delivered 30 days from contract award.

3. Identification of the single source to be solicited. The Icare 200 Tonometer with case is available through small business resellers in the open market. Though the Government is limiting competition through the request of a specific brand name and model the effort will be a competitive Indian Small Business Economic Enterprises (ISBEE) small business set aside procurement among ISBEEs.

4. Reason for authority cited. The contracting officer has determined the circumstances of the contract deem only one source reasonably available.

Brand Name – The particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs. If the justification is to cover only the portion of the buy which is brand name, then it should so state;

the approval level requirements will then only apply to that portion.

5. Rationale.

The Icare 200 Tonometer with case is the primary IOP measuring device for the 4C Optometry Department of the Indian Health Services. The device accurately measures eye pressure without causing any discomfort as it does not require the use of eye drops and does not aerosolize tears.

Moreover ,it is well tolerated by patients, is more comfortable for patients with mobility impairments, eliminates infection control concerns as the disposable probe is the only part that has contact with patient tears. The additional devices are necessary to ensure a device is in every exam room to prevent the sharing of the devices among departments, which leads to a delay in workflow.

6. Market Research.

Market research was conducted in July 2023 to try to identify alternative solutions and sources in the marketplace, but no other brand was identified that could guarantee the level of quality required. Though alternative brand solutions were not a viable option, market research confirmed that was adequate competition among authorized small business Icare resellers on the open market. This acquisition is required to adhere to the Buy Indian Act to consider Indian Economic Enterprises (IEE) or Indian Small Business Economic Enterprises (ISBEE) set- asides. During preliminary market research, Indian Affairs Native American Businesses in Sam.gov Tableau database was checked to determine how many businesses could supply the required tonometer.

The search revealed 69 Native American owned, 35 IEE and 34 ISBEE, with the NAICS code 339112. A Sources Sought notice was issued on July 6th, 2023, with a due date of July 13th, 2023, was posted to find potential sources of supply.

Under the authority of FAR 13.106-1(b)(1), the undersigned hereby determines the circumstances of this contract action deem only one source is reasonably available as supported herein.

Date Contracting Officer