Sole source justification for two steam generators.pdf

Document No.

PCMB 015b Document Title

Justification of Limited Source or Other Than Full and Open Competition

JUSTIFICATION OF LIMITED SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR Section 6.303)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Thomas Nasvytis Contract Specialist USDA, FSIS, Office of Administrative Services Procurement Management Branch 5601 Sunnyside Avenue, Maildrop 5230 Beltsville, MD 20705-5230

Requesting Activity:

Valerie Gonzalez, Technical Contact

USDA, FSIS, Office of Public Health Science, Western Laboratory 800 Buchanan Street Albany, CA 94710

2. Nature and/or description of the action being approved.

This is a firm-fixed price purchase order for two electric steam generators.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value). $

The required items are two stand-alone Steris-brand electric steam generators.

One stand-alone electric generator (180KW) will aid in the process of biological inactivation of samples. After the samples have been analyzed, they must be biologically inactivated before they can be disposed of as regular trash. The most effective way to treat biohazardous waste is via steam sterilization with an autoclave. The 180KW generator will supply steam to autoclave units when the in-house supply is not available.

The second stand-alone steam generator (100KW) is needed to provide steam for a dishwasher when the in-house supply is not available. Steam dishwashing is most effective for washing items that come in direct contact with laboratory samples.

The estimated value of both units is $40,350.

4. Identification of the statutory authority permitting other than full and open competition.

Document Title

Justification of Limited Source or Other Than Full and

In accordance with FAR Part 6.302-1, there is only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

An electric option is needed since the steam generators will be located in a small confined space.

In addition, the steam generators need to be compatible with the existing Steris steam autoclaves and Steris steam dishwasher presently installed, and for this reason only Steris-brand generators are acceptable.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

An internet search was conducted for vendors that provide steam generators. There were limited sources found during the search. Email inquiries were sent to several vendors requesting additional information.

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The Steris-brand steam generators, in addition to being the only compatible products, are the most cost-effective when compared with the products quoted by PRI Bio and Clayton Industries. As such, the anticipated cost to the government is considered fair and reasonable.

8. Description of the market survey conducted.

Multiple vendors were contracted, and three responded – 1) PRI Bio quotation provides for an electric option, although it does not include installation. The overall cost is higher even before installation costs are factored in. 2) Clayton Industries does not have an electric option available in California. Since this generator will be indoors in a small confined area, a gas option is not practical. 3) Steris quotation is the overall most cost-effective option, in addition to being the only product compatible with the existing Steris steam autoclaves and Steris steam dishwasher presently installed. The electric steam generator quote includes installation. The steam generator will be connected to Steris equipment that is part of an existing maintenance agreement. Steris is able to expedite delivery within 6-7 weeks with vendor approval.

9. Any other facts supporting the use of other than full and open competition.

The Steris steam generator is designed to be compatible with the existing Steris steam autoclaves and Steam steam dishwasher presently installed. The Steris steam autoclaves are part of an existing maintenance agreement.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Document Title

Justification of Limited Source or Other Than Full and Open Competition

1) PRI Bio provided an email quote.

2) Clayton Industries provided an email quote.

3) Steris provided an email quote.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Because the steam generators must be compatible with Steris-brand autoclaves and a steam dishwasher, this requirement will remain a sole-source for the foreseeable future.

12. CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Valerie Gonzalez Date Program Official

4/27/2020 Thomas Nasvytis Date Contract Specialist

4/27/2020

Document Title

Justification of Limited Source or Other Than Full and

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

March 25, 2005

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements

Citation: 41 U.S.C. 3304(a)(1).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

• Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

• The existence of patent rights, copyrights, or secret processes.

• An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. Such circumstances must be justified and approved (This does not apply to “brand-name or equal” descriptions).

• Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

• Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2 – Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

6.302-3 – Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services http://uscode.house.gov/

Document Title

Justification of Limited Source or Other Than Full and

Citation: 41 U.S.C. 253(c)(3).

Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and develop0ment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41 U.S.C. 253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

Document Title

Justification of Limited Source or Other Than Full and

6.302-7 – Public Interest Citation: 41 U.S.C. 253(c)(7)

Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.