A13 - SSJ Redacted signed.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:

CDC/NIOSH/SMRD

Centers for Disease Control and Prevention Spokane, WA

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Spokane Mining Research Division

C. Identification of Requirement:

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

a. Sole source acquisition of: Aerodynamic particle sizer

b. Procurement Request (PR) Number (if available): Click here to enter text.

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

a. Proposed Vendor: TSI Incorporated

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?

The aerodynamic particle sizer is a proprietary piece of equipment and is only available from the original equipment manufacturer. It is not available from any of our preferred government sources.

The Aerodynamic Particle Sizer spectrometer provides high-resolution, real-time aerodynamic measurements of particles from 0.5 to 20 µm. This unique particle sizer also measures light-scattering intensity in the equivalent optical size range of 0.37 to 20 µm. By providing paired data for each particle, the APS spectrometer opens up exciting new possibilities for those interested in studying the makeup of an aerosol.

The APS spectrometer uses a patented, double crest optical system for unmatched sizing accuracy. It also includes a redesigned nozzle configuration and improved signal processing. The result is greater small-particle sizing efficiency, improved accuracy of mass-weighted distributions, and virtual elimination of false background counts.

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

This is a highly specialized piece of laboratory equipment and is available from no other vendors. It is a patented and trademarked design.

Rev. 5/14/19

3. Program Office efforts to seek potential offerors:

The only US vendor for this equipment is TSI. They are the original equipment manufacturer and the only source of this equipment.

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: B. David Koski

X B. David Koski

Center/Institute/Office COR/Program Official Signature:

Certification Date: June 11, 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 Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.