SSJ LJ.docx

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:

NIOSH/PMRD/Health Hazards Prevention Branch Centers for Disease Control and Prevention Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch - Pittsburgh, PA

C. Identification of Requirement:

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

a. Sole source acquisition of Semi-quantitative full scan XRD analysis via Rietveld method of respirable mine dust

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

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

a. Proposed Vendor: L & J Analytical, 1302 Whitehorse, Mercerville Rd STE 101, Trenton, NJ 08619Tel: 609.758.5700 Fax: 609.758.5708 mail@h-and-m analytical.com

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? D Yes If yes, provide schedule number:

IZI No

D: Justification:

1. The justification for this non-competitive action is:

IZI 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."

D Urgency D Exclusive licensing agreements/Proprietary data D Brand name required D Industrial mobilization IZI Other (e.g., compatibility, space issues, continuity, compatibility, etc.) - continuity and compatibility with the need of the project to conduct analysis of respirable dust samples.

IZI 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."

D Urgency IZI Only One Source D Logical Follow Up D Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

The Rietveld processing of full scan XRD analysis of dust samples is a delicate process and it is not completely immune from some subjectivity of the analyst. The PMRD effort already had more than 400 samples analyzed with this method by H&M Analytical in the frame of previous contracts. The continuity of the analysis done by the same laboratory is essential and one of the most important aspects of the process.

b. What other products/services were considered and why did they not meet the need? If the acquisition will be awarded to another contractor, the project will need to have 400 samples analyzed again by the new laboratory, with an evident waste of crucial time and funds.

3. Program Office efforts to seek potential offerors:

Rev. 5/14/19

Mark P. Draluck -S Digitally signed by Mark P. Draluck -S Date: 2024.06.03 09:40:46 -04'00' image6.png image7.png image8.png image9.png image10.png image11.png image12.png image13.png image14.png image15.png image16.png image17.png image18.png image19.png image20.png image21.png image22.png image23.png image24.png image25.png image26.png image27.png image28.png image29.png image30.png image31.png image32.png image33.png image34.png image35.png image36.png image37.png image38.png image39.png image40.png image1.png image2.png image3.png image4.png image5.png