FAR 13 Single Source or Brand Name Justification Less Than SAT v2_Redacted.pdf

United States Department of Agriculture Limited Source/Brand Name Justification

FAR 13.106-1(b)(1) – Simplified Acquisitions Control No. (if applicable) 1232SA25Q0707

1. Identification of the agency and the contracting activity.

Agricultural Research Service, purchase of ddPCR system from BioRad

2. Description of supply or service required to meet the agency’s needs.

This procurement is for benchtop scientific equipment that allow us to measure the quantity of DNA, therefore allowing us to measure several important aspects of fungal and plant physiology.

3. The rationale or circumstances for limiting competition.

The system from Bio-Rad is going to be operating in conjunction with, and complementing, existing workflows and equipment. In our laboratory we have relied on BioRad’s ddPCR system for several years, and multiple parts of this older system have become unrepairable due to age. Thus, this new system is used in conjunction with the working components of the system we have on hand. It’s important that we purchase a BioRad system because it is compatible with existing lab equipment. No other system will use the exact same technology as BioRad.

4. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

No other vendor can provide BioRad system components new, warranty the hardware, or provide technical support. Further, this Brand of system is the only system compatible with the BioRad components currently in use in the laboratory.

5. Estimated price, including all options, if applicable.

6. Recommended source(s).

BioRad is the only vendor providing this particular system.

Certifications

Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification are accurate and complete to the best of my knowledge.

Insert Name of Program or Technical Personnel Insert Title of Program/Technical Personnel

The information contained in this justification is accurate and complete to the best of my knowledge and belief and in accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine the circumstances described above deem only one source, or limited sources, reasonably available and competition is precluded for the reasons indicated in this document.

Insert Name of Contracting Officer Contracting Officer

Notes and Guidance. Delete these Notes prior to finalizing document for signature

For acquisitions greater than the micro-purchase threshold but less than the Simplified Acquisition Threshold (SAT) the Contracting Officer may solicit from one source only if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, etc.). Contracting Officers must document the rationale for soliciting from a single source, including brand name in accordance with FAR 13.106- 1(b)(1)(i) and FAR 13.106-3(b)(3)(i).

Program personnel are advised to work with contracting personnel early on in order to promote and provide for full and open competition to the maximum extent practicable. In circumstances permitting other than full and open competition, program personnel shall provide necessary information to contracting personnel to support and document the circumstances limiting competition through the use of this form

Advance planning. Contracting without providing for full and open competition shall not be justified on the basis of (1) a lack of advance planning by the requiring activity or (2) concerns related to the amount of funds available to the agency or activity for the acquisition of supplies or services.

Brand Name. Items peculiar to one manufacturer can be a particular brand name, product, or feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless 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.

Posting. When an acquisition contains brand name specifications, the Contracting Officer shall include the justification required by FAR 13.106-1(b) or 13.501 with the solicitation when synopsizing in the GPE (actions exceeding $25,000) or displaying in a public place (actions exceeding $15,000 but not expected to exceed $25,000), as required by FAR 5.102(1)(6).

Screening. Before posting the justification, in accordance with FAR 6.305(e) and 24.202, the Contracting Officer is responsible to redact any information that is exempt from disclosure under Freedom of Information Act or information proprietary to the contractor.

Signatures. After review and completion by the Program Office and Contracting Officer, the Word document shall be converted to an Adobe PDF file and routed for electronic signatures. Signature blocks shall include dates.