SSJ redacted_Redacted.pdf
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- Solicitation number
- 98064
About this file
This is a Justification for Sole Source Procurement form submitted by the National Institute for Occupational Safety and Health (NIOSH), a division of the Centers for Disease Control and Prevention (CDC), for a purchase under $250,000.
The procurement involves software support and hardware maintenance for the controller of a unique 3D hand-arm vibration test system. The proposed sole-source vendor is Spectral Dynamics, Inc., located in San Jose, California. The justification is based on FAR 8.405-6, citing that only one source is capable of providing the required services because the supplies are unique or highly specialized. Specifically, the Jaguar control system from Spectral Dynamics was installed and integrated with NIOSH's unique 3D shaker in 2005, and Spectral Dynamics is the only company authorized to maintain their own systems. The 3D shaker is described as the only one of its kind in the world, making it impossible to source alternative controllers or maintenance services from competing vendors. No other products or services were considered, as no alternatives exist. The justification was certified by Christopher M. Warren (CIO Project Officer), Yvette F. Bostic (Program Management Officer), and Marcus Lindsey (Contracting Officer), with digital signatures dated in April and May 2026.
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Text version
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/HELD/PERB
1000 Frederick Lane Mail Stop: 2027 Morgantown, WV 26508
B. Contracting Activity:
Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch #5
C. Identification of Requirement:
1. Nature of Action to be Approved by Contracting Officer:
a. Sole source acquisition of: Purchase Software Support and Hardware Maintenance of controller of our unique 3D hand-arm vibration test system
b. Procurement Request (PR) Number (if available):
2. Proposed Vendor and Estimated Procurement Amount (if available):
a. Proposed Vendor: Spectral Dynamics, Inc, 2199 Zanker Rd, San Jose, CA 95134-2109 Ph# 1-800-778-8755 FAX 1-408-944-9403
b. Estimated Procurement Amount:
3. Is the requirement on GSA Schedule? Yes No
If yes, provide schedule number: If on GSA contract, click “yes” above and enter the GSA Contract Number here. GSA contracts can be checked at :
https://www.gsaelibrary.gsa.gov/ElibMain/home.do
D. Justification:
Rev. 5/14/19
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?
The control system (Jaguar from Spectral Dynamics) for the 3D hand-arm vibration shaker was installed and integrated with our unique 3D shaker in 2005. The controller is delicate instrumentation and must be operated to tight constraints and must be insured.
b. What other products/services were considered and why did they not meet the need?
None. This is the only shaker of its kind and Jaguar software from Spectral Dynamics was integrated into the system when it was installed.
It has controlled it very well since but must be insured by maintenance.
Spectral Dynamics is the only company authorized to maintain their own systems.
3. Program Office efforts to seek potential offerors:
Rev. 5/14/19
None – The 3D shaker is the only one of its kind in the world and requires this software and hardware controller to run. Spectral Dynamics is the only company authorized to provide maintenance.
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.
CIO Project Officer Name: Christopher M. Warren, HELD/PERB
CIO Project Officer Signature:
Approval Date: Click here to enter a date.
Program Management Officer: Yvette Bostic, Management and Program Analyst, HELD
Signature:
Approval Date: Click here to enter a date.
Certification Date: Click here to enter a date.
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.
Marcus Lindsey -S Digitally signed by Marcus Lindsey - S Date: 2026.05.12 07:50:46 -04'00'
Christopher M.
Warren -S
Digitally signed by Christopher M.
Warren -S Date: 2026.04.17 13:32:59 -04'00'
Yvette F. Bostic -S Digitally signed by Yvette F.
Bostic -S Date: 2026.04.20 14:55:56 -04'00'
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