A13 - JOFOC - Sole Source - Signed.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:

CDC/NIOSH/OD/OAMS

Morgantown, WV 26505

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 3 Section 2

C. Identification of Requirement:

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

a. Sole source acquisition of: yearly maintenance service for the Siemens Building Automation Sysetm

b. Procurement Request (PR) Number (if available): 00HCCA63-2025-94292

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

a. Proposed Vendor: Siemens Industry, Inc.

b. Estimated Procurement Amount: $90,380.08

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number: GS-07F-217CA

Rev. 5/14/19

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.)

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?

Siemens Industry, Inc. provides Building Automation Controls for multiple NIOSH sites through a local Building Automation Systems and a centralized CDC approved Building Automation server located in Atlanta, GA. This acquisition consists of performing preventive maintenance, engineering, and programming of the proprietary Siemens equipment and software. This acquisition is a follow on to the prior contract 75D30119F04374 which expired 12/31/2023.

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

Other products and services were not considered. Siemens is the provider of NIOSH Morgantown’s proprietary HVAC controls equipment and software. Significant investment in Siemens equipment has been made, and it is logically and fiscally

Rev. 5/14/19 responsible to continue to maintain the Siemens systems to ensure these highlly specialized research facilities operate properly.

3. Program Office efforts to seek potential offerors:

Efforts have not been made to seek additional offerors. Service for these proprietary system much be provided by the proposed source to ensure standardization and consistent HVAC conditions in these highly regulated research buildings.

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: Joshua Johnston, COR

Center/Institute/Office COR/Program Official Signature:

Certification Date: May 3, 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:

Contract Specialist: Eugene L. Gutierrez Jr.

Contract Specialist Signature:

Certification Date: 08/14/2025