Sole Source Justification 2024-88217 Redacted.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:

Poxvirus and Rabies Branch, DHCPP, NCEZID 1600 Clifton Rd NE Building 18, room 1-160 Centers for Disease Control and Prevention Atlanta, GA 30333

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: Tecan EvoEnspire Service Contract from Tecan, Inc.

b. Procurement Request (PR) Number (if available): Click here to enter text.

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

a. Proposed Vendor: Tecan

b. Estimated Procurement Amount: $_____________

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: (NOTE: Must select only ONE of the listed justifications for other than full and open competition and fully support the

Rev. 5/14/19 justification in the following paragraphs. Please delete this note prior to submitting the justification.)

☒ 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 service agreement for a Tecan EvoELISA Liquid Handling workstation and associated plate washer and plate reader. It includes all preventative maintenance, repairs including labor and travel incurred during service calls. By choosing Tecan, the primary manufacturer, we are guaranteed direct engagement and eliminating downtime. Tecan has dedicated phone staff for simple questions to offer customer assisted repairs/troubleshooting that eliminates instrument down time. Tecan provides a monitoring software that permits them to pull details of errors and troubleshoot virtually. Tecan will not later service the instrument without recertification fee far in excess of annualized cost if not maintained by Tecan.

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

REMI is a lab-equipment maintenance and service provider. REMI was considered but not selected as they only outsource to other service groups, and in this case, themselves use Tecan for repair. Use of REMI as a middleman adds significant delays as its necessary to first get approval for repair through REMI, then requires coordinate with both REMI and Tecan for repairs. REMI does not maintain staff designed to service the Tecan and therefor does not offer phone technical support.

Rev. 5/14/19

REMI onsite repair requires both a REMI staff AND a Tecan staff – we are a Select Agent registered lab and repairs require a 1:1 escort ratio, thus requiring two federal employees to escort the 2 visitors during repair.

3. Program Office efforts to seek potential offerors:

An extensive search in the literature and internet was performed seeking different providers offering services for automated solutions compatible with Tecan workstations. The search did not render any viable options. Repair requires parts that are exclusively manufactured by Tecan. Use of middle-man service aggregators (REMI) void supported warranty and required exorbitant recertification cost. GSA Market Research was also conducted via Rapid Review, which also did not yield any compatible results.

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: Victory Whittaker, Contracting Officer Representative/ Public Health Analyst

Center/Institute/Office COR/Program Official Signature:

Certification Date: June 18, 2024

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: