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:

NIOSH/PMRD/Health Hazards Prevention Branch Centers for Disease Control and Prevention Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch - Pittsburgh, PA

C. Identification of Requirement:

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

a. Sole source acquisition of: Purchasing of one Kr-85 Aerosol Neutralizer 3012A from TSI Inc.

b. Procurement Request (PR) Number (if available): 000HCCRJ-2024-88629

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

a. Proposed Vendor: TSI

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number:

Rev. 5/14/19

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?

It is recommended to pursue the sole source strategy because only one company was available that offered a high-capacity (50 liters per minute) product and had a U.S. Nuclear Regulatory Commission license.

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

Two German companies were identified, but one did not offer a high enough capacity (50 liters per minute) product and the other may not have a U.S. Nuclear Regulatory Commission license. If they did, using this company would not be beneficial since shipping a radioactive product from Europe incurs a greater cost and lead time.

3. Program Office efforts to seek potential offerors:

Vendors were sought to supply one Kr-85 aerosol neutralizer with 370MBq/10mCi (units of radioactivity) and an inner diameter accommodating 50 liters per minute. Small businesses with this license and product are not available because there is little demand for the product, and the supplier must be licensed by the United States Nuclear Regulatory Commission.

Rev. 5/14/19

There is little demand for the product because the product 1) is used for specialized research,

2) has a higher capacity than needed for most research applications, and 3) requires a license for the use of radioactive material.

Buying a radioactive product from an unlicensed source is a safety hazard.

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: Teresa Barone/General Engineer

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: Cynthia Cason

Contracting Officer Signature:

Certification Date:

Teresa L. Barone - S

Digitally signed by Teresa L.

Barone -S Date: 2024.08.15 17:32:59 -04'00'

Cynthia L. Cason -S Digitally signed by Cynthia L.

Cason -S Date: 2024.08.27 07:08:26 -07'00'