PR_33770_-_Mick_McGuire_Consulting_LLC_SSJ_for_FBO.pdf

Rev. 10/15/18

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $250,000

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 Program Office Certification:

A. Program Office:

NIOSH/DSR/PTB

Francis (Frank) Palya 1095 Willowdale Road, M/S-G800 Morgantown, WV 26505

(304) 285-6142

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch

C. Identification of Requirement:

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

a. Sole source acquisition of: software/hardware maintenance renewal for Cyberware scanners (6 scanners total).

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

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

a. Proposed Vendor: Mick McGuire Consulting, LLC; 391 Corral de Tierra Road;

Salinas, CA 93908

b. Estimated Procurement Amount: $19,000

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

If yes, provide schedule number:

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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

☐ Brand name required

2. Other facts supporting sole source procurement:

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

Software/hardware maintenance services to be performed can only be done by the original manufacturer and/or personnel of the equipment. No other products can meet this maintenance requirement.

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

To our knowledge, there are no other sources that have the knowledge and/or expertise to perform this service.

3. Program Office efforts to seek potential offerors:

Cyberware scanners were a propriotary product of Cyberware, who went out of business in 2011.

Mr. McGuire was a long time employee of Cyberware and provided technical support for the company before its closing. Mr. McGuire has been given permission by Cyberware to provide support services to existing customers.

Mr. McGuire is the only person with the knowledge to perform this hardware/software maintenance service.

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: Francis (Frank) Palya / Team Chief; Safety Controls Team

Center/Institute/Office COR/Program Official Signature:

Certification Date: March 15, 2019

D. 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.

4/4/2019

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