Sole Source Justification 00HCUGEE-2020-47129).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 of Environmental Health Chamble Campus Building 106, Room # 06010, MS 106-6 Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

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

C. Identification of Requirement:

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

a. Sole source acquisition of: Services to maintain environmental and health data on the

Environmental Health Tracking Network. This would include providing data management, data processing, IT maintenance and documentation, support the automated data processor (ADP) that acquires and calculates realtime data measures, support the data management and data processing on data measures that are delivered to the Tracking

Network on an irregular basis and needs to be manually processed, support the Data

Explorer and ensure that it continues to operate normally, including necessary security updates and patches required by CDC OCISO for secure operations.

b. Procurement Request (PR) Number (if available): 00HCUGEE-2020-47129

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

a. Proposed Vendor: Battelle Memorial Institute

b. Estimated Procurement Amount: $

Rev. 5/15/17

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

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

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?

Battelle Memorial Institute is the current contractor who has been providing these services and have built the processes and tools which are the backbone of the Tracking system. Battelle’s current contract expires 5/31/2020 and a new RFP for these services has not been published. This leaves the program facing an extreme gap in service that puts the stability of the Tracking system (an investment funding as a direct line item by Congress) at extreme risk. The risk of a complete shut down mandated by CDC OCISO is high during a gap in service because regular security patches to the system (normally performed by Battelle) will not be applied as needed.

As Battelle is the most familiar with the systems and processes to maintain the system and they have the expertise on hand without needed to train or on-board

Rev. 5/15/17 personal- they are the only option fill this large gap in service that is pending until a new contract can be competed and awarded.

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

Although other contractors exist who can provide similar services, Battelle has been performing the services described in section C1 at a high level. They are best suited to provide the specific services required to cover the pending gap in services. The requirement mandates a unique set of services/skill sets in the areas of JAVA, HTML5, SAS, SQL Server, and data science. No other product/service providers are currently available to provide these type services in a timely manner to cover the Program’s pending critical gap in service.

3. Program Office efforts to seek potential offerors:

As this is a bridge contract to fill a critical gap in service as the result of a pending contract award delay, other offerors have not been sought. It is most efficient for the government to fill the gap with the high quality contractor that has been performing the service on the expiring contract. Battelle has been performing these services at a high performance level on their current contract that expires 5/31/2020. Seeking out other offerors would only add delays to the process- delays which put the Tracking Network (funded as a line item by Congress) at extreme risk.

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:

Center/Institute/Office COR/Program Official Signature:

Certification Date: May 29, 2020

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.