A13. JOFOC SAM Posting.pdf

FEDERAL SUPPLY SCHEDULE

LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Service and Maintenance Agreement for Agilent Technologies, Inc

Agency: CDC

Acquisition Year (FY): 2026

Author:

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s): Agilent Technologies, Inc

Street Address: 5301 Stevens Creek Blvd.

City, State, Zip: Santa Clara, CA 95051

3. Description of Supplies and Services to Include Contract Vehicle/Number Utilized:

This laboratory maintenance agreement will keep all instruments running optimally and ensure timely repairs while eliminating costly repairs due to damaged or malfunctioning equipment, Per CLIA requirements and CDC policies this contract is necessary in order to keep the instruments in optimal running condition and performance to assure accurate measurement results and to assure compliance with CLIA regulations.

The estimated value of the proposed action, including all options, is $

The work to be performed consists of telephonic support, on-site repairs by OEM qualified engineers, priority response time, and coverage of all OEM parts and travel to CDC. This contract covers over hundreds of instruments and instrument components that comprise over 100 Agilent analytic systems that are utilized by the CDC/NCEH/Division of Laboratory Sciences.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(1)(i)(B));

The Division of Laboratory Sciences (DLS) utilizes Agilent mass spectrometers and components attached to these instruments including GCs, LCs, nitrogen generators, pumps, autosamplers. To ensure our laboratory efficiency, capability, and emergency readiness, laboratory instruments must be operational at least 95% of the time. This means lab equipment must be regularly maintained and rapidly repaired when needed. The maintenance and repairs must be done expertly to maintain the peak performance of the equipment. Agilent is the OEM of the instruments, components, and analytical systems to be covered under this maintenance agreement and is the only contractor that can fulfill the requirements of the contract. Acceptable maintenance and repairs vendors must have and maintain the following capabilities:

1. Provide timely repair using new OEM parts or factory warranted replacement parts which must be either manufactured by the OEM or approved by the OEM for use.

2. Must provide end users acknowledgment within four hours and technical/applications and/or engineer support for Agilent covered instrumentation within 24 hours of initial request.

3. Must possess the specific training and access to proprietary OEM software as well as OEM replacement parts to successfully repair, maintain, and update software on the Agilent mass spectrometers and other covered equipment.

4. Service engineers must be certified by Agilent-certified trainers. Service engineers must be kept up to date on system updates and able to be trained to repair, troubleshoot and maintain existing and new models of Agilent instrumentation which may be added to the contract.

5. Must provide factory-directed updates, instrument and software upgrades for all eligible Agilent instruments.

6. Must be capable of repairing all Agilent equipment or instrumentation. This includes onsite Agilent service engineer support and factory engineer/designer/applications support if needed for repairs.

7. Engineers must have proficient written and oral communication skills in the English language In the interest of economy and efficiency, the new work is a logical follow-on 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 order or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405-6(a)(1)(i)(C)); or

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b)).

5. Market Research:

Market research was conduced and concluded that Agilent is the only source that can fully meet the government's requirement. Other instrument servicing companies either do not service Agilent instruments or are unable to provide the rapid respones time required for effective repair and maintenance, which is critical for DLS emergency response capabilities. End-users have reported unsatisfactory previous experiences with independent companies that subcontract Agilent instruments, as they were required to communicate through a “middle man” rather than directly with the service provider. This indirect communication often led to delays in diagnosing and resolving instrument issues, which negatively impacted project deadlines. Agilent Technogies, Inc. includes a maintenance agreement on their GSA contract (GS-07F-0564X). GSA has already determined the prices and items under schedule contracts to be fair and reasonable.

6. Actions to Increase Competition:

There is currently no company or individual that has the ability to provide a service agreement that meets all technical requirements for maintenance on Agilent equipment. In the future, immediate consideration will be given to any company that meets the CDC's minimum vendor qualifications. Given that there are no other special circumstances, any available competitors will be considered based on their total cost as well as a detailed review of their quality of service.

7. Any other facts supporting the justification:

N/A

8. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Limited-Sources Justification is accurate and complete.

Program Manager

Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager)

Name:

Position Title:

Email address:

Signature:

Date:

9. Best Value Determination: By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

10. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.

Name: Phone:

Signature: Date:

11. Legal Review:

12. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports limiting sources.

Digitally signed by Amy L. Hobson -S Date: 2025.09.10 14:07:06 -04'00'

Name: Phone:

Signature: Date:

13. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports limiting sources.

Name: Phone:

Signature: Date:

14. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

15. Department Competition Advocate:

Concur: Non-Concur:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

16. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve limiting sources for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

This laboratory maintenance agreement will keep all instruments running optimally and ensure timely repairs while eliminating costly repairs due to damaged or malfunctioning equipment, Per CLIA requirements and CDC policies this contract is necessary in order to keep the instruments in optimal running condition and performance to assure accurate measurement results and to assure compliance with CLIA regulations.

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304: