Sole Source JA (00HCUGDE-2020-42878.pdf

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U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service

, Centers for Disease Control and Prevention (CDC) Atlanta GA 30333

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 Center for Environmental Health 4770 Buford Highway Bid 103, Room 2327, MS 103-2 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: PEAK Scientific, Infinity XE 5030 Nitrogen Generator, part number 3300574, to replace old nitrogen generator (10+ years) which supplies nitrogen for several Thermo Electron mass spectrometers used for the DEET/Neonicotinoid program and is starting to show signs of wear.

b. Procurement Request (PR) Number (if available): 42878

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

a. Proposed Vendor: Government Scientific Source, INC

b. Estimated Procurement Amount: $

3. Is the requirement on GSA Schedule? Yes

If yes, provide schedule number: GS-07F-5934R

□ No

Rev. 5/15/17

D. Justification:

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

D 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."

D Urgency D Exclusive licensing agreements/Proprietary data D Brand name required D Industrial mobilization D 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."

D Urgency D Only One Source D 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?

This is a brand name only procurement. The PEAK Scientific Infinity XE 5030 Nitrogen Generator utilizes tested membrane technology to comfortably supply multiple LC-MS instruments with LC-MS grade nitrogen, at a maximum output pressure of lO0psi (user adjustable), simultaneously. This generator has no compressor, therefore no moving parts or mechanical sound, and utilizes the in-house air supply available in our building. It is easy to service and requires minimal maintenance.

This instrument has a compact design (500mm width x 500mm depth x 955mm height) and operates in an energy efficient eco-mode ensuring low running cost, which makes it perfect for our tight space, energy and noise constrains. Besides, laboratory personnel are already familiar with installation, operation and maintenance of such instrument which reduces to a minimum personnel training on such tasks, and results in more efficient laboratory operation. Last, the PEAK Scientific Infinity XE 5030 Nitrogen Generator, meets regulatory requirements such as

Rev. 5/15/17

ISO/ IECl7025, FDA/ORA-LAB.5.5 or equivalent and it is compatible with Thermo Electron mass spectrometers.

Other characteristics of PEAK Scientific Infinity XE 5030 Nitrogen Generator are described below:

Nitrogen Flow rate of up to 180L/min Nitrogen Purity suitable for LC-MS applications Voltage: 100-230 VAC +/- 10% Frequency:50/60 Hz Current: 0.4A@ 100V / 0.174A@ 230V Power consumption: 40 Watts Operating Temperature: 5°C - 30°C / 41°F - 86°F System is on wheels

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

We considered the Model N2-200 High Flow Nitrogen Generator, from Parker Dalston, which is also based on membrane technology, but it was not on wheels and had a much taller footprint, which due to our space constrains is not suitable. We also considered a manufacturer called Compressed Gas Technologies Inc, which also supplies gas generators for liquid chromatography-mass spectrometry applications, however, the systems advertised in their website did not have a system of the shelve with the capacity required for running several instruments at the same time and required special customization of the product for such purpose.

Needless to say, given our experience with PEAK gas generators we decided the best for our program was to continue using PEAK products as they have proven to work well for our applications and our operators are familiar with maintenance and operations, which results in less down time and not having to worry about extra training for something that is critical to our operation but it is not where our scientists should be spending their time.

3. Program Office efforts to seek potential offerors:

Several market research techniques were used to identify possible alternatives including review of similar items, queries of Internet information sources, review of catalogs and product literature. This procurement intends to replace old equipment with same vendor's updated instruments to minimize changes to the current method. It is in the best interest of the CDC as operators can be easily trained to accommodate new features of the instrument and would not have to learn a new instrument from a different vendor saving time and money to the branch. This procurement is on the GSA Advantage website under GSA contract GS-07F-5934R.

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 CCR/Program Official Name/Title:

Howard D.

Bish -S

Digitally signed by Howard D. Bish -S Date: 2020.03.11 17:03:08 -04'00'