A13- SSJ CO signed 31 Jul 2024_Redacted.pdf

Rev. 5/14/19

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 branch already has several CFX Opus 96 instruments in use. By purchasing the same instrument, the same reagents and consumables may be used on the new instrument. Purchase of an alternate instrument would require the branch to stock multiple different reagents and consumables which could lead to confusion and mistakes in the lab, resulting in lost samples. Additionally, all protocols have been validated for the CFX. Addition of an alternate instrument would require new validation studies resulting in increased cost and decreased productivity for the branch.

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

ABI QuantStudio 5 Real-Time PCR system- This instrument was not considered as it requires different reagents and consumables from the CFX instruments already in use in the branch. Additionally, it would require expensive and time-consuming validation studies before it could be used with existing assays.