Brand Name Justification_Redacted.pdf

Justification for Other than Full and Open Competition

Brand Name Justification

Program Office/Service Unit: Rosebud SU Emergency Dept: Requisition: IHS1507638

1. Nature and/or Description of action being approved:

Required to meet the Agencies needs Tonometry is a test to measure the pressure inside your eyes. The test is used to screen for glaucoma and to measure how well glaucoma treatment is working

Description of Product, Supplies or Services required to meet the agency’s need :

These Tonometer are a medical device used to determines the pressure within the eye by assessing the resistance of the cornea to pressure. The Tonometer will be in Rosebud Emergency Dept when access to the optometry department is not available

1. Estimated Value of Procurement (to include options):

Market research was conducted for multiple vendors on GSA Advantage, the iCare IC100Tonometer is the standardized model for Rosebud SU and has been determined to be of good value.

ICare:240 IC100 tonometer w/ case: Amount:

ICare:650 Icare STAND IC100/TAO1i tonometer: Amount:

ICare:075 2nd Year Warranty for IC200/IC100/TA01i: Amount:

ICare:037 IC200/IC100/TAO1i probes, 100/box: Amount:

ICare:030p Probe Base: Amount

2. Recommended Source:

a. Contractor Name:

b. UEI Number:

c. Address:

d. POC:

3. Reason for Sole Source/Limited Sources/Expedited Processing: Check one follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C.

2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).)

(iii) For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B).)

(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves):

(1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by-

(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or

(ii) For DOD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.

(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27).

(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

(4) When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

(c) Application for brand name descriptions. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

(d) Limitations.

(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304.

(2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids and proposals must have been considered.