A13_J and A for Sole Source and Brand Name Justification.pdf

JUSTIFICATION FOR BRAND NAME 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 Requirement, Justification and Program Office Certification:

A. Program Office:

Immunology and Pathogenesis Branch Roybal Campus Centers for Disease Control and Prevention

B. Contracting Activity:

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

C. Identification of Requirement:

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

a. Brand name acquisition of: Axio Observer 7 Inverted Research Microscope manufactured by Carl Zeiss Microscopy, LLC.

b. Procurement Request (PR) Number (if available): 87954

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

a. Proposed Vendor:

b. Estimated Procurement Amount: TBD

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

If yes, provide schedule number:

D. Justification:

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

Rev. 5/15/17

☒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?

Brand Continuity: Opting for the same brand ensures compatibility with existing equipment and familiarity among researchers who are already trained on Carl Zeiss microscopes. This will minimize disruptions in workflow and facilitate a smooth transition to the new microscope.

Trade-In Discount: Carl Zeiss Microscopy, LLC is offering a trade-in discount for replacing our damaged microscope with their latest model. This presents an opportunity to acquire the desired equipment at a reduced cost while maintaining high quality.

Detailed Visualization: The Axio Observer 7 Inverted Research Microscope offers advanced capabilities for detailed visualization of both fluorescence and histochemistry images. This is crucial for the laboratory's research activities, as it allows for the accurate analysis and study of various biological samples.

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

Microscopes from other manufactures, such as Olympus, Nikon, and Leica, were researched. Compared to these products, the Zeiss microscope possesses superior, more advanced features and quality. Zeiss is also the brand that is primarily used

Rev. 5/15/17 throughout the lab currently and buying the same brand will ensure a continuity of work quality in the lab.

3. Program Office efforts to seek potential offerors:

Research was conducted on Zeiss’ GSA contract. It was discovered Zeiss provides a list of 10 authorized re-sellers. Seven of these are small businesses that are registered on SAM.gov but are not on GSA. After additional research, the contractors on that list only service specific geographic locations around the United States. The contractor servicing Georgia does not carry this piece of equipment and the other contractors cannot deliver to the CDC. Additional research was conducted, and the majority of the products are not available against the GSA contract. As a result, a brand name procurement on SAM.gov is required. A sources sought notice was posted on NASA SEWP; it closed with zero responses. Research was conducted on NITAAC and no vendors were found that sold Zeiss products.

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.

Jennifer Gartzke Contract Specialist

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:

Jennifer Gartzke Contracting Officer