A13 SSJ_LN2 tank_YC_06272024_Redacted.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:

NCHHSTP DVH

Roybal Bldg 18, Room 3-123, MS H18-3 Centers for Disease Control and Prevention Atlanta, GA 30329

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Click here to enter text.

C. Identification of Requirement:

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

a. Sole source acquisition of: Two Liquid Nitrogen (LN2) Tanks and racks from Select Gases

b. Procurement Request (PR) Number (if available): 2024-87736

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

a. Proposed Vendor: Select Gases

b. Estimated Procurement Amount:

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

If yes, provide schedule number: Click here to enter text.

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?

Laboratory Branch, DVH has 4 liquid nitrogen tanks (LN2). Recently, temperature of these LN2 tanks were analyzed to determine whether these units have a normal range of the temperature (-160°C to -165°C). Three of the four LN2 tanks failed to maintain temperature. Three LN2 tanks had range from -106°C to -120°C and may fail at anytime. These three LN2 tanks need to be replaced with new ones of which we have funds to replace two of the tanks.

Only the CDC-MVE LN2 tank is compatible with CDC’s existing LN2 monitoring systems and supported by CDC Biorepository (CBR). Specifically, Other vendors’ brands/models are not compatible with CDC’s SampleGuard monitoring system. The SampleGuard monitoring system is designed, produced and managed by CBR, and other manufacturer’s equipment will not communicate in the same way as the CDC- MVE units, or be compatible with the existing motherboard for the operation of the LN2 tanks. The software and hardware of the controller box on the CDC-MVE models is different than stock MVE controls. Also, the CDC-MVE LN2 tanks include an in-line

Rev. 5/14/19 temperature sensor that gives early warning of an LN2 overfill, which is not stock on other models.

CBR indicated that Select Gases is the only regional small business distributor for LN2 units with CDC-MVE controllers designed to communicate with the CDC-specific SampleGuard monitoring system.

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

The LN2 tanks from other vendors are not compatible to existing a motherboard for operation of the tanks and supported by CDC Biorepository (CBR), Division of the Laboratory System. Other vendor brands/models will not be compatible with CDC SampleGuard monitoring system and other models/brands do not include in-line temperature sensor that gives early warning of LN2 overfill.

3. Program Office efforts to seek potential offerors:

An extensive search in the literature and internet was performed to look for alternative solutions. This is the vendor solely recommended by CBR/DLS. The LN2 tanks from other vendors are not compatible to existing a motherboard for operation, are not supported by CDC monitoring system, and do not have in-line temperature sensors. Only this local distributer has access to the CDC models and the local distributor will offer installation and faster support. Other distributors would have to ship crated LN2 units to our CDC warehouse with no installation or set up requiring additional cost to fly an engineer in to install and set up a unit that would not be compatible to the CDC monitoring system.

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.

Certification Date: May 1, 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:

Contracting Officer Signature:

Certification Date: Click here to enter a date.