A13 - JOTFOC - Sole Source Procurement - CS Signed Final.pdf

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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 Division of Core Laboratory Services and Response Biotechnology Core Facility Branch

OLSR/DCLSR/BCFB

1600 Clifton Rd. NE Building 23, 12th Floor, MS H23-12 Atlanta, GA 30329

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch II, NCID 2920 Brandywine Road Mail Stop K-69 Atlanta, GA 30341

C. Identification of Requirement:

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

a. Sole source acquisition of: Procurement of yearly maintenance contract for the Parker LCMS-30-1 nitrogen generator. The contract is to be defined as providing at a minimum one preventative maintenance (PM) visit a year as well as provide coverage for all costs including parts, labor, and travel for any repairs needed to keep the instrument operating at original manufacture specifications. In addition, service call response times need to be at least within 24-48 hours. Also, the service should be provided directly by the vendor using OEM parts and not by a sub-contracted vendor.

b. Procurement Request (PR) Number (if available): HCANDB-2025-01037

Rev. 5/14/19

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

a. Proposed Vendor:

Lab Tech Support Inc. USA 200 Continental Drive, Suite 401 Newark DE 19713 Phone: 800.711.3235

FAX: 800.711.1096

b. Estimated Procurement Amount: $5,584.66

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:

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?

The proposed vendor promises to provide direct services with OEM parts within 48 hours using in-house engineers. The company provides support services for several different manufacturers of mass spectrometry instruments and HPLC’s as well the support equipment such as gas generators for those instruments. Their engineers have the necessary experience to properly support and repair the Parker nitrogen generator. Other identified vendors focus on more commercial/large scale units and do not necessarily service lab nitrogen gas generators which are a different scale and often different purity.

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

There are probably several vendors that can supply services for these instrument such as Parker, the original manufacturer. Parker no longer provides support directly for these services but instead subcontracts with a 3rd party to actually perform the maintenance and repair tasks. We have experienced problems with this arrangement in the past to the point of contract work not being performed. A vendor who provides direct support with in-house engineers provides more timely and better quality service. Searches have identified other vendors such as Nitrogen Generation Systems, On Site Gas, Atlas Copco, and NiGen. These vendors seem to focus on more industrial/commercial system and not on lab nitrogen generators so they would not be suitable to contract with to perform the work.

3. Program Office efforts to seek potential offerors:

The main mechanism to seek potential offerors was to perform internet searches for different vendors. Once a vendor was identified, information was sought to verify that the vendor performed work on lab nitrogen gas generators and that they provide direct support rather than contract with a third party. Then the vendors website was examined to see if they would be suitable to provide the needed services for maintaining the Parker nitrogen generators.

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: Faye Rashid, Dep. Branch Chief, COR II

Center/Institute/Office COR/Program Official Signature:

Certification Date: 06/25/2025

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 Name: Eugene L. Gutierrez Jr..

Contract Specialist Signature:

Certification Date: 06/25/2025

Faye M. Rashid -S Digitally signed by Faye M. Rashid - S Date: 2025.05.14 16:05:46 -04'00'