A13 SSJ Redacted.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:

Centers for Disease Control and Prevention/ NIOSH/ PMRD Pittsburgh Campus Bldg. 150 Lab Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 3

C. Identification of Requirement:

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

a. Sole source acquisition of: one (1) TSI 3410L Dust Aerosol Generator

b. Procurement Request (PR) Number (if available): 000HCCRJ-2024-87709

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

a. Proposed Vendor: TSI, Inc

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:

1. The justification for this non-competitive action is: (NOTE: Must select only ONE of the listed justifications for other than full and open competition and fully support the

Rev. 5/14/19 justification in the following paragraphs. Please delete this note prior to submitting the justification.)

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?

TSI dust aerosol generators have been used by NIOSH for years to perform approval and certification of respirable dust sampling equipment for use in U.S. coal mines.

The current powder dispersers (TSI 3400) in Building 150 have been in use for over 25 years and, despite frequent service, are no longer functioning properly. Only TSI can properly replace one of these outdated devices without making significant changes to research and certification procedures, and this updated TSI 3410L model would be sufficient for continuity and compatibility with current equipment. Selecting a non-compatible piece of equipment would result in significant time and costs to update and operate the overall testing setup.

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

Due to the need to replace an outdated dust aerosol generator with a similar piece of equipment, TSI 3410L, only TSI was considered as a reasonable option for this purchase. Additional market research did not show any other companies that could provide the needed piece of equipment. Witte offers a similarly named product, however, this product is intended for larger scale operations that would not work