A13. SSJ SAM.gov.pdf

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:

NCEZID/DHCPP/BSPB

Roybal Campus Bldg 17 2nd floor Centers for Disease Control and Prevention Atlanta, GA 30333

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 2920 Brandywine Road, Mail Stop K-69 Atlanta, GA 30341

C. Identification of Requirement:

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

a. Sole source acquisition of:: Yearly mainteance service for MALDI BioTyper SSN 860478405251

b. Procurement Request (PR) Number (if available): 88008

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

a. Proposed Vendor:Bruker

40 Manning Road

Billerica, MA 01821

b. Estimated Procurement Amount: $

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number N/A

Sole Source Justification SAMPLE – February 2013

D. Justification:

1. The justification for this non-competitive action is (choose only one):

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 (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?

Bruker Daltonics is the manufacturer of the instrument and is the only authorized service provider (per warranty conditions) for the instrument.

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

There are no alternatives available. Only Bruker technicians are authorized to work on the instrument. Third party vendors (such as REMI) schedule service/repair with Bruker only as needed leading to extended wait times (often weeks) for service when the instrument is down. These "service providers" are not considered a priority customer by Bruker because they do not purchase service agreements for the instrument they are covering, they purchase service directly from Bruker only when issues arise with the instrument. The service agreement purchased directly from Bruker guarantees service within 48 hours and includes PMs of instrument and software upgrades.

3. Program Office efforts to seek potential offerors:

Internet search for authorized Bruker MALDI-TOF service providers.

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: 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: G. Henrietta Fumbah Wei

Contracting Officer Signature:

Certification Date: