19-37083_FBO_SSJ.docx

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JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA) UNDER $150,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

National Institute for Occupational Safety and Health Division of Applied Research and Technology Chemical Exposure and Monitoring Branch 4676 Columbia Parkway, R-7 Cincinnati OH 45226

B. Contracting Activity:

Centers for Disease Control and Prevention Procurement and Grants Office Acquisition and Assistance Branch 2920 Brandywine Road Atlanta, GA 30341

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: This action is to procure Infrared Microscope for analysis of workplace aerosols. This is a COTS item.

b. Procurement Request (PR) Number (if available): 000HCCGC-2019-37083

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: Photothermal Spectroscopy Corporation, 325 Chapala Street Santa Barbara, CA 93101 Tel: (805) 845-6568 Fax: (805) 845-6578

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: n/a

D. Justification:

1. The justification for this non-competitive action is:

(Check this paragraph for a Non-GSA, open market action) ☒ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source 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 or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency ☐ Exclusive licensing agreements/Proprietary data ☐ Brand name required ☐ Industrial mobilization ☒ Other (e.g., compatibility, space issues, continuity, compatibility unique or highly specialized capabilities or product features, etc.).

To enhance our current capability pertaining to chemical measurement and imaging of workplace aerosol samples, an Infrared Imaging Microscope is being procured. There are several vendors who sell Infrared Microscopes. However, because of specific needs relating to workplace air monitoring, instrument operation in our laboratory, and analytical requirements, the instrument must meet several practical, technical, and analytical considerations listed below. The instrument must:

1) possess the sub-micrometer spatial resolution capability

2) allow analysis of particles smaller than 1 micrometer

3) not require any sample preparation

4) allow ready coupling of external IR sources of choice

5) allow simultaneous infrared and Raman analysis at the same sample location

6) allow IR analysis in non-contact or stand-off mode to avoid any manipulation or contact with the sample

7) allow fast chemical imaging over areas 5 x 5 mm or more using motorized XY stages

8) allow complete automated operation through a personal computer and a software

9) perform IR microscopy & spectroscopy in reflection mode

10) perform point spectroscopy and single line array measurements

11) perform IR hyperspectral imaging and imaging at fixed wavenumber of interest

12) ratio spectral images at user defined wavenumbers Per Project Officer’s knowledge, the proposed instrument is the only instrument that meets ALL of the above needs.

(Check this paragraph for an order to be placed against a GSA Schedule contract) ☐ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency ☐ Only One Source ☐ Logical Follow Up

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

The proposed COTS MIRAGE Infrared Imaging Microscope from Photothermal Spectroscopy Corporation is the only instrument that has meets all the requirements mentions in section 1 above. This is the only instrument on the market that provides submicron (below 1 micron) spatial resolution required for workplace aerosol analysis. Most FTIR microscopes on the market have spatial resolution of 5 micron X 5 micron and therefore are not suitable for respirable aerosol analysis as most aerosol particles are smaller than 5 microns.

b. What other products/services were considered and why did they not meet the need?

FTIR microscope systems from other manufacturers were considered; however, none of the instruments had the combination of ALL the requirements listed above, and more importantly the spatial resolution needed for project officer’s research.

3. Program Office efforts to seek potential offerors:

Several vendors were contacted (ThermoScientific,Bruker Scientific) to obtain instrument specifications. Instrument capability and our application needs were discussed. After reviewing the detailed specifications, and our needs it was concluded that systems from other manufacturers did not offer submicron size/spatial resolution.

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Pramod Kulkarni, D.Sc. CEMB/DART

Center/Institute/Office COR/Program Official Signature:

Certification Date: June 6, 2019

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.

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