Sole Source Justification (00HCUGDK-2020-45632).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 Center for Environmental Health Chamblee Building 103, Room 3105 Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 2

C. Identification of Requirement:

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

a. Sole source acquisition of: Purchasing 7000C to 7010 GC-MSMS system upgrade from Agilent Technologies

b. Procurement Request (PR) Number (if available): 00HCUGDK-2020-45632

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

a. Proposed Vendor: Agilent Technologies

b. Estimated Procurement Amount: $

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

If yes, provide schedule number: Contract Number. GS-07F-0564X615-4

D. Justification:

Rev. 5/15/17

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?

This is a brand name only procurement. Current laboratory data workflow and infrastructure is optimized to the Agilent 7010 GC-MS/MS system. This workflow is necessary to ensure timely analysis of over 1,500 serum specimens per year. To meet the needs of our terpenes in serum assay, a highly efficient and rugged GC- MS/MS system is required. We require an identical system to our current Agilent 7010 GC-MS/MS system to keep up with our increased demands for the number of samples to analyze and to maintain consistent analysis across multi-year studies.

The laboratory owns an Agilent 7000C GC-MS/MS system, which does not provide the necessary sensitivity for the analysis of terpenes in serum. An upgrade to the existing system will provide the laboratory a cost-efficient solution to the expected increase in samples to be analyzed in support of CDC’s biomonitoring efforts. A change of analytical platform will entail an overhaul of our established workflow, including the need for additional data processing software, multiple service contracts/engineer sources, and additional personnel training.

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

Rev. 5/15/17

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, and contact of knowledgeable individuals in government and industry. Since this procurement is for an upgrade of existing instrumentation, no other sources that could perform the upgrade were identified.

Agilent’s GC-MS/MS instruments have some unique features which make their instruments much more compatible to our needs. Agilent’s Capillary Flow Technology allows for back flushing of the column which can extend the life of the analytical column, reduce the frequency of mass spectrometer ion source cleaning, increase sample throughput by reducing bake-out time, and increase sensitivity by reducing column bleed. Agilent’s use of helium as a quench gas in the collision cell leads to very low noise thus greater sensitivity. These features make Agilent the most appropriate vendor for our needs.

3. Program Office efforts to seek potential offerors:

Market research was conducted for suitable sources that could provide the necessary parts and expertise for the proposed instrument upgrade. However, none were identified. We have been running our analytical methods with Agilent systems for over 10 years and need to remain consistent to better address the concerns of CLIA (clinical laboratory inspection amendments) and other certification standards, quality assurance best practices, and division policies.

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:

Center/Institute/Office COR/Program Official Signature:

Certification Date: April 29, 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: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.