A13. Sole Source Justification Redacted.pdf

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service

Centers for Disease Control and Prevention (CDC)

Atlanta GA 30333

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:

Influenza Division, NCIRD Roybal Campus Bldg 24, MS H24-7 Centers for Disease Control and Prevention Atlanta, GA 30333

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: Procurement a 1 year access to SER-CAT beamline for remote access data collection at the Advanced Photon Source (APS).

b. Procurement Request (PR) Number (if available): 87409

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

a. Proposed Vendor: The University of Georgia Research Foundation, Inc.

(UGARF)

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? D Yes IZI 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 justification in the following paragraphs. Please delete this note prior to submitting the justification.)

IZI 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."

D Urgency

D Exclusive licensing agreements/Proprietary data

D Brand name required

D Industrial mobilization

IZI Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

D 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; (8) 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."

D Urgency

D Only One Source

D Logical Follow Up

D Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

Advanced Photon Source (APS) currently offers the brightest beam and the most advanced technology for macromolecular crystallography in the United States. Using a less bright beam would lead to lower quality data. SER-CAT, which provides access to APS, also has troubleshooting staff on site 24/7 to assist in running samples, a fetaure no other facility in the United States offers. SER-CAT also offers CDC guaranteed beam access for public health emergencies.

In addition to the technical superiority of APS over other facilities, compatibility issues make switching to another facility infeasible. There is no standard equipment used across all beamline facilities; each facility uses different custom equipment. CDC currently has equipment (e.g. crystal pucks) compatible with APS, but would have to order new custom equipment to use another facility. Acquiring new equipment would

Rev. 5/15/17 be cost-prohibitive based on the program office's limited budget. Additionally, different beamline facilities work on different software, so switching to a new facility would require costly retraining of CDC staff.

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

There is no other service that can meet the agency's need. There are other beamline facilities in the United States, but their beams are insufficiently bright to meet CDC's needs. Only the SLAC in Stanford, California is comparable in brightness to APS, but the three hour time difference between CDC's facilities in Georgia and the SLAC in California creates significant issues with remote access. Additionally, SLAC does not guarantee CDC priority access during public health emergencies, which would compromise CDC's emergency response capability. Finally, the use of a facility other than APS would require the agency to order expensive custom equipment and conduct expensive staff retraining, making switching to another facility cost prohibitive.

3. Program Office efforts to seek potential offerors:

The program office reviewed the access procedures, technical capabilities, and equipment and training requirements of beam facilities across the United States.

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: James Stevens

Jam es Steven S Digitally signed by James Stevens

Date: 2024.08.02 11 :16:45 -04'00'

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

Certification Date: August 2, 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: William O'Bryan

Digitally signed by William William O'bryan -S O'bryan-5

Date: 2024.08.02 11 :43:30 -04'00' ---------------------Contracting Officer Signature:

Certification Date: August 2, 2024

Rev. 5/15/17