A13 Sole Source Justification for solicitation.docx

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:

Newborn Screening and Molecular Biology Branch CHAM Bldg. 109, Room 1301 S109-1 4770 Buford Highway Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

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

C. Identification of Requirement:

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

a. Sole source acquisition of: Sole source acquisition of a 5-year maintenance agreement for Titertek Quadflex Liquid Handling Robots.

b. Procurement Request (PR) Number (if available): 2023-75114

c. Previous contract# 75D30118P01572

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

a. Proposed Vendor: DeLuca Biotech, 45980 CR 58, Coshocton, OH 43812

b. Estimated Procurement Amount: $15,600.00

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number:

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), “DeLuca Biotech is the only certified vendor in the U.S. which can provide service and maintenance for the Titertek Quadflex Liquid Handling Robots. Since 2018 DeLuca Biotech has been the sole provider of maintenance services for these robots. There are no other trained engineers with the knowledge and expertise to service the instruments, components, and software.”

☐ 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?

DeLuca is the only known company that can provide the appropriate service for maintenance of Titertek liquid handling robots used in the CDC Newborn Screening Laboratory for the two following reasons: 1) DeLuca Biotech is the only company trained and approved to service Titertek equipment and is the only company with the ability to provide updates, as required, for the proprietary software that drives the equipment and 2) DeLuca Biotech is the only known company that provides certified technicians to work on Titertek equipment.

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

No other products/services were considered. This service requires the approved company to do repair work to insure proper operation of equipment. The service engineers have proprietary knowledge of the instrument and the software. They are the only vendor that can fulfill all customer requirements. No additional potential offerors are available.

3. Program Office efforts to seek potential offerors:

Internet searches were performed to evaluate possible alternative service providers. No alternatives were found. This service requires factory certified technicians to do repair work, and no other vendor can provide trained technicians. The required service requires access to proprietary knowledge of the instrument and the software only accessible by the manufacturer. A notice of intent to sole source will be posted on SAM.gov.

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: Kimberly Coulter NCEH/DLS/NSMBB Kimberly Coulter

Center/Institute/Office COR/Program Official Signature:

Certification Date: March 23, 2023

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: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.

Rev. 5/14/19 image1.tiff