SSJ_Fluxion_CO Signed.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 Division of Laboratory Sciences Emergency Response Branch Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

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

C. Identification of Requirement:

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

a. Sole source acquisition of: Purchasing an upgrade for the Fluxion Ionflux Mercury 16 to HT (96- to 384-well capability) and plates .

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

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

a. Proposed Vendor: Fluxion Biosciences

b. Estimated Procurement Amount: $110,000

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

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

Rev. 5/14/19

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?

Fluxion is the only company that can upgrade our existing automated patch clamp system from 96-well to 384-well capability. Currently, our patch clamp instrument uses a 96-well format which uses a large volume of precious and expensive toxins.

This upgrade allows for laboratorians to use specialty 384-well plates to gather more data during a single run (compared to 96-well format), increase the speed and sample throughput of our methods, and, ultimately, allows more samples to be run.

Upgrading to a 384-well plate also allows the laboratorian to use fewer cells and smaller quantities of toxins, ultimately increasing laboratorian safety, using fewer reagents/toxins, and saving money. This upgrade will also maintain the integrated computer, providing seamless continuity of the project after the upgrade. Finally, to run 384-well plates without upgrading our system, we would need to purchase an entirely new automated patch system. A new system is out of the defined price range and will not fit in the allotted space.

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

Rev. 5/14/19

There were no other products/services considered since there is only one company that can upgrade our existing instrument and maintain continuity of our project.

3. Program Office efforts to seek potential offerors:

There is only one source for upgrade for the Fluxion Ionflux Mercury, so no other offerors were queried.

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: Rebekah Wharton

Center/Institute/Office COR/Program Official Signature:

Certification Date: 4/13/22

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.