Attachment B - Brand Name Justification.pdf

Solicitation No.: 75H71025Q00330 Page 1 of2

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-l(b)(l)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-l(b)(l)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity. US. Department of Health and Human Services, Indian Health Service, Navajo Area Indian Health Service, Department of Acquisitions Management and Contracts - Kayenta Service Unit.

2. Name and Address of Single Source. Use of brand-name of Xerox supplies for various printer consumable products, inclusive of toner/cartridges, maintenance kits, waste cartridges, etc. in accordance with Attachment A - Potential Supply Listing.

3. Description of Supplies/Services and Estimated Cost. The Kayenta Health Center (KHC) Information Technology (11) department is requesting for a Blanket Purchase Agreement (BPA) to order various supplies inclusive of toner/cartridges (black, cyan, magenta, yellow), fuser kits, image transfer kits/drum cartridges, tonner collection units/waste cartridges, ADF roller replacement kits, paper tray feeders, etc. on an as needed basis to support the daily business and patient care operations. Period of Performance shall be issued as a Base plus Two (2) Option Years with a duration of twelve (12) months from date of award.

4. Description of Circumstances, including why only one source is reasonably available.

JAW FAR 13.106-l(b)(l)(ii), specific characteristics of the toner/cartridges (black, cyan, magenta, yellow), fuser kits, image transfer kits/drum cartridges, tonner collection units/waste cartridges, ADF roller replacement kits, paper tray feeders that limit the availability to a sole source are required as if the supplies/parts are rebuilt, refurbished, or non-genuine printer supplies, then it voids the printer manufacturer's warranty and service agreements.

5. Determination of Fair and Reasonable Price. Upon award, the Contracting Officer will determine that the price is fair and reasonable in accordance with FAR 13.106-3(a)(2), by reviewing pricing.from similar projects and considering current inflation rates. The CO will also negotiate, as needed, to ensure a reasonable price at the time of award.

6. Description of Market Research. Per the market research findings, there was one response received to the Notice of Intent (NOI) posting on SAMgov that was to sole source an award to an ISBEE contractor. As the responder is a third-party distributor and also an ISBEE contractor, the requirement dissolved the sole source award and shall proceed as an Indian owned Small Business Economic Enterprise (ISBEE) set-aside with a Base plus Two (2) Option Years Blanket Purchase Agreement (BP A).