JOFOC (signed).pdf

Template for Single Source or Brand Name Justification under SAT, March 2019

Single Source/Brand Name Justification

United States Department of Agriculture

FAR 13.106-1(b) (1) – Simplified Acquisitions

1. Identification of the agency and the contracting office.

Requesting Agency:

USDA APHIS PPQ S&T Plant Pathogen Confirmatory Diagnostics Laboratory

9901 Powder Mill Rd.

Laurel, MD 20708

Contracting Activity:

USDA, APHIS, MRPBS, AAMD

Office of Contracting and Procurement

250 Marquette Ave

Ste 410, Minneapolis, MN 55401

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

This procurement includes the purchase of Premium Plus – Service Agreement for the on-site maintenance of one (1) Hamilton USDA NGS MOA STAR Workstation. The service to be performed includes parts, travel, labor costs, priority dispatch for contract customers, a target response time of 24 hours for a down instrument, a guaranteed response time of 48 hours for a down instrument, and a guaranteed call back time of 4 hours. This company performs an extensive check of the one (1) machine. The cost for this service is between $35,560.00 -

$52,054.00 depending on the option requested. The instruments can't be shipped to the calibration lab due to their large size and heavy weight. Shipping of the instrument may cause extensive damage.

3. The rationale or circumstances for limiting competition.

FAR 13.106-1(b)(1) states that procuring a supply/service from a single source is allowed if circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). FAR 13.106-1(b)(1) is relatively silent on how this applies to posting requirements.

A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

Hamilton is the manufacturer of the instrument and the only company in the market approved to perform the maintenance on their machines; therefore, Hamilton is the sole source and vendor of these services.

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

Hamilton is the manufacturer of the instrument and the only company in the market approved to perform the maintenance on their machines; therefore, Hamilton is the sole source and vendor of these services. Only one responsible source and no other supplies or services will satisfy agency requirements.

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

1 PM Agreement Option:

1 Preventative Maintenance service call per year Total for 1 unit $35,560.00 Service Agreement Total $35,560.00 Optional Verification Services $2,070.00 Total with Verification Services $37,630.00

2 PM Agreement Option:

2 Preventative Maintenance service calls per year Total for 1 unit $38,685.00 Service Agreement Total $38,685.00 Optional Verification Services $3,624.00 Total with Verification Services $42,309.00

3 PM Agreement Option:

3 Preventative Maintenance service calls per year Total for 1 unit $42,265.00 Service Agreement Total $42,265.00 Optional Verification Services $4,923.00 Total with Verification Services $47,188.00

4 PM Agreement Option:

4 Preventative Maintenance service calls per year Total for 1 unit $45,844.00 Service Agreement Total $45,844.00 Optional Verification Services $6,210.00 Total with Verification Services $52,054.00

6. Recommended source(s).

Hamilton Company

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.

Daniel J Milliken

Molecular Biologist (Project Support Specialist)

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 13.103-1(b) 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.