Attachment 1 - Brand Name Justification.pdf

Rev. 4/27/17

JUSTIFICATION FOR BRAND NAME PROCUREMENT(OPEN MARKET

OR GSA) UNDER $250,000

Brand name acquisitions may be used on a limited basis and only when the 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 a brand name acquisition. Soliciting for brand name 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:

Victory Whittaker, Public Health Analyst Building 18, 1-160 Centers for Disease Control and Prevention NCEZID/DHCPP/Poxvirus and Rabies Branch 1600 Clifton Road NE Atlanta, GA 30333

End-users: Michael Townsend

B. Contracting Activity:

Centers for Disease Control and Prevention Procurement and Grants Office Acquisition Branch II

C. Identification of Requirement:

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

a. Brand name acquisition of: InnoScan 710

b. Procurement Request (PR) Number (if available): 00HCVLEC-2023-73720

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

a. Proposed Vendor:

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number:

D. Justification:

1. The justification for this non-competitive action is:

In accordance with FAR 13.106-

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-

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-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-

Urgency

Only One Source

Logical Follow Up

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

We are replacing an obsolete and non-functioning Genepix/ Molecular Devices 4100A scanner used for species specific testing for the Mpox response. The 710 is comparable to the prior 4100A instrument. To date, the technology (protein microarrays) the 710 is equipped with is one of the few platforms that has permitted species specific detection and ongoing support is essential. Onsite support of Molecular Devices scanners has been noted to be insufficient; this company requires the instrument to be packaged and shipped for repair in their facility, resulting in weeks to months without the equipment. Innopsys performed repairs onsite, therefor we are not faced with long periods of time without the equipment. We previously acquired a low-cost scanner from Grace Bio, which discontinued support of the instrument after only 5 years. Procurement of InnoScan will permit direct comparison and sharing of data between our program and the primary manufacturer of our protein arrays (Antigen Discovery Inc; no relationship with Innopsys). Acquisition would provide continuity and compatibility with our primary collaborator.

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

Genepix 4100A-USB scanner is an updated USB model with similar specifications as the prior generation. Instrument repairs required shipping offsite and up to 4-6 weeks prior to return. There have been limited software updates in recent years with functionality limited to original implementation 10+ years ago. Illumina, Affymetrix, Agilent and other companies offers slide scanners, but specification are for glass slides and designed for genetic analysis of DNA or RNA molecules. These are not compatible with nitrocellulose coated slides used in protein array applications. Other products brought to the market in prior years (Tecan LS Series Laser Scanner and Perkin Elmer iScan) have been discontinued.

3. Program Office efforts to seek potential offerors:

Our choice was based on scientific literature, vendor shows, and browsing the websites of competitors.

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: Victory Whittaker, Contracting Officer Representative

_______________________________Center/Institute/Office COR/Program Official Signature:

Certification Date: 01/27/2023

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: Luci Cason

Contracting Officer Signature:

Certification Date: