A13 SSJ for solicitation.docx

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Notice of Intent to Sole Source to Mesa Labs
Solicitation number
75D301-23-Q-76799
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This document is a justification for a sole source procurement under $250,000 by the Centers for Disease Control and Prevention. The CDC's Division of Laboratory Sciences requires maintenance of an automated temperature and humidity monitoring system. Only Mesa Labs can provide this service as they own the proprietary system and are the exclusive provider of technical support, upgrades, and maintenance. Alternatives were considered but unable to meet the need as they do not own the system. Market research found Mesa Labs to be the only source capable of performing the required maintenance. The proposed procurement value from Mesa Labs is $115,479.87.

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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:

Division of Laboratory Sciences Chamblee Campus 4770 Buford Hwy Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

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

C. Identification of Requirement:

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

a. Sole source acquisition of: Maintenance of automated tempearture and humidity monitoring system for the Division of Laboratory Sciences

b. Procurement Request (PR) Number (if available): 000HCUGD-2023-78122

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

a. Proposed Vendor: Mesa Labs

b. Estimated Procurement Amount: $115,479.87

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?

Only Mesa Labs can provide this service because they own the system. No other company can help maintain the temperature and humidity monitoring system because it is exclusively owned and maintained by Mesa Labs. They are the only company that can provide tech support, perform upgrades, and service the system.

b. What other products/services were considered and why did they not meet the need? Safepoint Scientific was considered as a possible alternative because they provide similar calibration services. However, they are unable to meet the need because they do not own the system. They are unable to provide tech support, perform upgrades, or maintain the system since it is exclusively owned by Mesa Laboratories.

3. Program Office efforts to seek potential offerors:

Several market research techniques were used to identify other possible sources, including review of market research on similar items, queries of internet information sources, contact of knowledgeable individuals in the government and in industry, and review of catalogs and product literature. Through this research it was determined that only Mesa Labs is able to perform maintenance on the existing temperature and humidiity monitoring system. A notice of intent will be posted on SAM.gov

E. Program Office Certification:

Rev. 5/14/19

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: Leslie Jarchow, Management and Program Analyst

Center/Institute/Office COR/Program Official Signature:Leslie E. Jarchow - Digitally signed by Leslie E.

Jarchow -S S Date: 2023.05.22 12:19:07 -04'00'

Certification Date: May 22, 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:

Contracting Officer Signature:

Certification Date: Click here to enter a date.

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