A7 - Sole Source Justification-PR_55174.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/DDNID/NCEH/DLS/TVB

Chamblee Campus Bldg. 110, Lab 4202D 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: APEX 2HF from Elemental Scientific

b. Procurement Request (PR) Number (if available): 00HCUGDK-2021-55174

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

a. Proposed Vendor: Elemental Scientific 7277 World Communications Dr., Omaha, NE 68122

b. Estimated Procurement Amount: $

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

If yes, provide schedule number: N/A

Rev. 5/14/19

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), “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 Elemental Scientific Inc. (ESI) Apex 2HF Desolvating Nebulizer System uses a high-purity PFA flow path to provide resistance to hydrofluoric acid. This system improves sensitivity 3-7- fold depending on flow rate. It has dual preset temperature settings for both heating and cooling. ESI is uniquely qualified to provide the required Apex 2HF desolvating nebulizer because their system works well with our Agilent instruments. ESI has great telephone technical support for maintenance and repair. The ESI Apex 2HF Desolvating Nebulizer System has newer features incorporated on the ESI current systems and are needed for lower level ultra-trace metal analysis in difficult matrices such as tobacco, tobacco smoke and electronic cigarettes analyzed on the Agilent QQQ-ICP-MS instrumentation. We have used ESI specific types of desolvating

Rev. 5/14/19 systems (APEX) with our instruments for quite some time and have determined the fit and purpose of these introduction systems, knowledge of maintenance, their durability, and have surmounted the ordering process. Unfortunately, our current Apex 2HF desolvating nebulizer systems are obsolete and are over 10 years old. To change the ESI Apex 2HF system to another brand will negatively affect the consistency of our data.

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

Familiarity with the APEX sample introduction systems by our analysts, and the durability and longevity of utilizing such products has saved an insurmountable amount of time and money during system downtime. A large volume of parts and supplies for such systems in our laboratory is also a key reason for ordering the APEX-2HF system. Knowledge of use and ease of operation of such products by our analysts presents a small or negligible learning curve for application to all aspects of sample analysis. There is another comparable system produced by Teledyne CetacTechnologies - the Aridus 3 Desolvating Nebulizer System that has similar scientific analytical capabilities but the module is larger than the APEX system (wider instead of higher) and will be problematic in our small workspace area. Also, the Teledyne CetacTechnologies system uses a a self-aspirating C-Flow PFA nebulizer which will cause issues with the complex matrices from tobacco, tobacco smoke and electronic cigarette that are analyzed in our laboratory.

3. Program Office efforts to seek potential offerors:

Conducted internet queries and market research for nebulizer systems meeting the desired performance parameters for our assays. However, none could provide continuity to our current analytical platform set-up.

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:

Center/Institute/Office COR/Program Official Signature:

Certification Date: April 5, 2021

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: Donald L. Battle

Contracting Officer Signature:

Certification Date: Click here to enter a date.