Justification_and_Approval.pdf

Rev. 1/6/14

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 Centers for Immunization and Respiratory Diseases 1600 Clifton Road NE Building 24, 7th floor Mailstop A-20 Centers for Disease Control and Prevention Atlanta, GA 30333

B. Contracting Activity:

Centers for Disease Control and Prevention (CDC) Office of Financial Resources (OFR) Office of Acquisition Services (OAS) Acquisition Branch 1

C. Identification of Requirement:

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

a. Sole source acquisition of: maintenance/service contracts for crucial instruments that are required to obtain the mission of the Influenza Division of Pandemic and Seasonal Surveillance and associated research for vaccine and therapeutics development.

b. Procurement Request (PR) Number (if available): 25386

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

a. Proposed Vendor: BD Biosciences Service Contract Admin 2350 Qume Dr. San

Jose, CA 95131

b. Estimated Procurement Amount: $110,986.32

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:

☒ 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, etc.)

☐ 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?

Maintenance/service contracts for new and older equipment are only offered by the original manufacturer to ensure the integrity of the instrument and the availability/integrity of parts and service engineers. In addition, the original manufacturer has the ability to provide immediate repair service when needed and offer loaner machines so that work can continue while the original machine is being repaired. An attempt was made to add these items to the consolidated contract we have with Remi Inc. However, BD will not deal with 3rd party vendors and the equipment that needs to be serviced such as infared lasers and various technical parts are exclusive to BD and would be costly to replace if not serviced under BD.

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

No other products were considered. Maintenance/service contracts for this equipment must be performed by the original manufacturer to ensure the integrity of the instrument and the availability/integrity of parts and service engineers.

3. Program Office efforts to seek potential offerors:

The original manufacturer has access to the most updated software, supplies, parts and trained service engineers to keep the equipment running at peak efficiency. Other providers cannot guarantee that a specific part, software version or a new feature on the equipment can be proved or serviced by their engineers. In addition: FAR 6.302(a) (2) state, “when supplies or services are available from only one responsible source, full and open competition need not be provided for.” As stated above, the original manufacturer is the only organization that can provide parts and service that can be guaranteed to keep our equipment running efficiently.

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: Taronna Maines

Center/Institute/Office COR/Program Official Signature:

Certification Date:

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.