JUSTIFICATION FOR SOLE SOURCE PROCUREMENT 75D30125Q78707.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:

National Institute for Occupational Safety and Health (NIOSH) National Personal Protective Technology Laboratory (NPPTL) Evaluation and Testing Branch (ETB) 626 Cochrans Mill Road Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Acquisition Services (OAS) Acquisition Branch Procurement and Grants Office Evaluation and Testing Branch 626 Cochrans Mill Road Pittsburgh, PA 15236

C. Identification of Requirement:

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

a. Sole source acquisition of: Monthly cylinder rent for 12 months and supply/replacement of 64 gas cylinders. See SOW for specific gas cylinders.

b. Procurement Request (PR) Number (if available): 000HCCLH-2025-XXXX

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

a. Proposed Vendor: Greco Gas Inc. PO Box 308, Tarentum PA 15084. 724-904-7601

b. Estimated Procurement Amount: $100,000.00

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

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

Justification:

Rev. 5/14/19

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?

All gas cylinders were acquired over a period of several years from Greco Gas. It is both safer and more economical to rent the gas cylinders than to purchase them. As long as the cylinder vessels are in the possession of NIOSH, the rent must be paid to the original supplier. If the cylinder rental fees are not paid, all gas cylinders currently in possession of the lab must be returned to the supplier. If the existing cylinders are returned to the supplier, replacement cylinders must be procured from an alternate vendor, and would incur a significantly higher cost, likely to exceed $200,000. It is not financially responsible to replace gas cylinders which are still necessary and in use.

The gas cylinders are actively in use and needed by the lab, and the cylinders will not be returned to the supplier within the timeframe of this contract OR the gas cylinders will be replaced under the scope of this contract. A portion of the cylinders currently in use will be returned to the original supplier, refilled, and returned to use. It is more economical, more reliable, and more convenient to use a single gas supplier because they are able to refill and replace the cylinders that have already been purchased by the lab.

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

Rev. 5/14/19

None. The contents of the gas cylinders have been purchased by NIOSH. As long as the cylinder vessels are in the possession of NIOSH, the rent must be paid to the original supplier. Any cylinders that are currently in possession of NIOSH may be replaced by the original supplier without additional costs for cylinders or processing.

To replace this vendor with any other supplier would necessitate replacing all of the cylinders currently in possession of the lab, which would incur a significantly higher cost, likely to exceed $200,000.

3. Program Office efforts to seek potential offerors:

None. Cylinder rent must be paid to the original supplier and replacements are to be made through the original supplier.

D. 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: Aaron Reeder, General Engineer

Center/Institute/Office COR/Program Official Signature:

Certification Date: July 18, 2025

E. 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.