Sole Source Justification (00HCUGDC-2020-46609).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:

Project Officer: Reba Williams End User: Cynthia Ward Division of Laboratory Sciences 4770 Buford Hwy, Bldg. 110, Rm 5209A MS S110-5 Centers for Disease Control and Prevention Atlanta, GA 30341-3717

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: ESI Consumables and Equipment

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

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

a. Proposed Vendor: any vendor that can supply the OEM parts

b. Estimated Procurement Amount: $

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

If yes, provide schedule number:

Rev. 5/15/17

D. Justification:

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?

The OEM part numbers provided for this requisition are exact fits for the specific requirements, such as size and material composition, for the analytical instrumentation already in use within our laboratory. These instruments have been in place for several years, and prior to deeming them suitable for use, a substantial amount of testing was performed to determine that the components (consumables) used with the instruments worked with our analytical instrumentation. Procuring consumables that meet our required specifications for working with the Elemental Scientific, Inc. (ESI) autosampler and prepFAST units ensures continuous operation of all instruments. Alternative parts may not be able to meet our specifications and ensure the proper functioning of our instruments. The column listed was designed for a customized prepFAST unit for or radiation laboratory. ESI is the sole provider of these columns which are needed for analytical methods that are used in radiological terrorism emergency response analyses. The SampleSense valve is already interfaced onto our existing autosamplers. The scientists invested approximately 12 months of time into testing the SampleSense and working with the company to fine-tune the product to meet our needs.Purchasing this valve through ESI is more cost efficient than purchasing an entirely new autosampler system due to the time invested in the current set up. The SampleSense valves ensure that sample is being

Rev. 5/15/17 injected into our instruments correctly, and the software provides a report that details which samples were injected correctly and which ones were not. The report that is provided helps ensure that we are providing the highest quality results by preventing us from reporting false negative results for samples that were not analyzed due to instrument error. We did not find any other product off the shelf that would give us the same capabilities with no additional validation needed.

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

No other products were considered for this procurement. The exact OEM part numbers specified in the equipment list are required for continued compatibility with the Elemental Scientific equipment already in place in our laboratory. Since our laboratory is involved with both biomonitoring and emergency response, it is essential that the instruments always operate continuously to be able to provide critical data.

The information is based on past procurements and expertise provided by end users in the lab.

3. Program Office efforts to seek potential offerors:

A historical search has been conducted for any vendors that provide OEM parts for our instrumentation. Only one small business has been identified to provide these consumables:

Elemental Scientific, Inc.

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: Reba Williams

_______________________________________Center/Institute/Office COR/Program Official Signature:

Certification Date: May 19, 2020

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:

Contracting Officer Signature:

Certification Date: