PcMB_015b_Justification_Limited_Source_Other_Than_Full_and_Open_Competition.doc

Document No.

PCMB 015b Document Title

Justification of Limited Source or Other Than Full and Open Competition

JUSTIFICATION OF LIMITED SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR Sections 6.303)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Thomas Nasvytis, Contract Specialist USDA, FSIS, Office of Administrative Services Procurement Management Branch

5601 Sunnyside Avenue, Maildrop 5230

Beltsville, MD 20705-5230

Requesting Activity:

Sandra Eason, COR USDA, FSIS, OPHS, Eastern Laboratory 950 College Station Road

Athens, GA 30605

2. Nature and/or description of the action being approved.

This is a firm-fixed price purchase order for service on Illumina MiSeq instrumentation.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value). $ This requirement is for servicing of twelve (12) units of Illumina MiSeq laboratory instrumentation in FSIS laboratories.

The estimated value of this contract action is $170,218.59.

4. Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR Part 6.302-1, there is only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

As the manufacturer of Illumina instrumentation, only Illumina is authorized to provide service in the event of instrumentation failure, as well as to provide necessary preventative maintenance. This ensures that the MiSeq instruments met all of the technical specifications that FSIS laboratories require. All 12 units of Illumina MiSeq instrumentation require service and preventative maintenance.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Because Illumina is the only authorized provider of maintenance to Illumina-brand instrumentation, no other offers were solicited for this requirement.

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Price will be determined as fair and reasonable by the contract officer prior to award.

8. Description of the market survey conducted.

Illumina was contacted to confirm the sole source nature of this requirement.

9. Any other facts supporting the use of other than full and open competition.

No other facts are listed here.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources have expressed an interest in this acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

12. CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Sandra Eason

Date

Program COR

Thomas Nasvytis

Date

Contract Specialist

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

March 25, 2005

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements

Citation: 41 U.S.C. 3304(a)(1).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

· Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

· The existence of patent rights, copyrights, or secret processes.

· 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. Such circumstances must be justified and approved (This does not apply to “brand-name or equal” descriptions).

· Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

· Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2 – Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

6.302-3 – Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

Citation: 41 U.S.C. 253(c)(3).

Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and develop0ment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement

Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41 U.S.C. 253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security

Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

6.302-7 – Public Interest

Citation: 41 U.S.C. 253(c)(7)

Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.

Sole Source Justification Solicitation No. FSIS-*-B-0* Justification Limited Source Or OTFOC Reference No. * This document contains proprietary or procurement sensitive information related to the conduct of a federal agency procurement and shall not be disclosed to any person other than a person authorized by the contracting officer to receive such information. U.S. GOVERNMENT/CONTRACTOR INFORMATION ATTACHED· SAFEGUARD AT ALL TIMES.