Sole Source Justification.docx____Redacted.pdf.pdf

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 Requirement, Justification and Program Office Certification:

A. Program Office:

National Center for Emerging and Zoonotic Infectious Diseases Division of Foodborne, Waterborne, and Environmental Diseases Enteric Diseases Laboratory Branch 1600 Clifton Road (Roybal campus) Building 23 Centers for Disease Control and Prevention Atlanta, GA 30329

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 2

C. Identification of Requirement:

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

a. Sole source acquisition of: LabScape Complete MALDI Biotyper Maintenance Service Agreement

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

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

a. Proposed Vendor: Bruker Scientific, LLC 40 Manning Road Billerica, MA 01821.

Tel +1 (978) 663-3660

b. Estimated Procurement Amount:

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

If yes, provide schedule number: Click here to enter text.

D. Justification:

Rev. 5/15/17

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?

The LabScape Complete is a complete maintenance service agreement for microbiology and diagnostics provided by Bruker Scientific, LLC which provides complete service coverage with a contract period of one year. Services includes unlimited onsite emergency service visits, onsite response of 3-5 business days, spare parts, labor, & travel, one planned maintenance (PM) with complete inspection of the instrument and cleaning, wear & tear parts (i.e., lasers, detectors, tubes, pumps), high priority remove support, compass and data analysis software updates and upgrades and library updates using Bruker proprietary software. The Bruker service agreement provisions are proprietary. The warranty will only be valid if serviced by the original manufacturer.

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

The Equipment Maintenance Program (EMP) was considered but this vendor and services for the instrument we currently maintain (Bruker Sirius Biotyper Matrix-assisted Laser Desorption/Ionization time of flight mass spectrometer) are not listed.

Therefore, the maintenance service agreement provided by Bruker Scientific is the best vendor for this need.

3. Program Office efforts to seek potential offerors:

An search for other sources that may include this vendor was conducted.

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 CCR/Program Official Name/Title: Andre Hopkins

----------------Center/Institute/Office CCR/Program Official Signature:

Certification Date: April 16, 2024

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: Sheena Delaine

--------------------Contracting Officer Signature:

Certification Date: Click here to enter a date.

Rev. 5/15/17