J&A_Redacted_Gerstel.pdf

Rev. 10/15/18

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:

NIOSH/DART/CEMB

1090 Tusculum Avenue, MS R7 Cincinnati OH 45226

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Acquisition Services (OAS) Acquisition Branch Click here to enter text.

Identification of Requirement:

Nature of Action to be Approved by Contracting Officer:

Sole source acquisition of robotic sampler for thermal desorption (TD) system to be used with our selected ion flow tube (SIFT) mass spectrometer (MS).

Procurement Request (PR) Number (if available):

Proposed Vendor and Estimated Procurement Amount (if available):

Proposed Vendor: Gerstel, Inc., 701 Digital Drive, Suite J, Linthicum, MD 21090.

Estimated Procurement Amount: $69677.00

3. Is the requirement on GSA Schedule? Yes No

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

D. Justification:

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

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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, unique or highly specialized capabilities or product features, 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

2. Other facts supporting sole source procurement:

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

The robotic autosampler for the Gerstel thermal desorption (TD) system is the only TD system that has been designed and tested for use on the selected ion flow tube mass spectrometer (SIFT-MS) system. TD-SIFT-MS system was recently developed and displayed at a world-leading laboratory science conference on new instrumentation. The SIFT-MS system provides high sensitivity and real-time capabilities which is now paired with the flexibility and performance of the Gerstel TD 3.5+ for rapid analysis of TD tubes.

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

No other robotic autosampler for thermal desorption system was considered because they have not been designed or developed for use with the SIFT-MS system. The Gerstel TD system is the only TD system that is currently being used with the SIFT- MS system.

3. Program Office efforts to seek potential offerors:

An internet search was conducted to determine if other thermal desorption systems had been used with the SIFT-MS and no others could be found.

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: Michael G. Elliott, Ph.D., PE, CIH Deputy Chief, Chemical Exposure and Monitoring Branch

Center/Institute/Office COR/Program Official Signature:

Certification Date: May 27, 2019

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.

06/04/2019