SSJ58296PDFversionsigned.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:

1600 Clifton Road, Roybal Building 17, RM 5228 Immunology and Pathogenesis Branch Influenza Division, NCIRD Centers for Disease Control and Prevention Atlanta, GA 30329

B. Contracting Activity:

Centers for Disease Control and Prevention

Office of Financial Resources

Acquisition Branch: Centers for Disease Control and Prevention Procurement and Grants Office

Acquisition and Assistance Branch II 2920 Brandywine Road Atlanta, GA 30341

C. Identification of Requirement:

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

a. Sole source acquisition of: Purchase of the SERVICE CONTRACT for BD Flow Cytometer

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

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

a. Proposed Vendor: Agilent Technologies, 2850 Centerville Road, Wilmington, DE, 19808

b. Estimated Procurement Amount: $60.097.32

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?

The above contract is to maintain an equipment in the laboratory under service contract offered by the original manufacture and supplier of the instrument. The original company was chosen for this service contract since the Seahorse analyzer is a sophisticated instrument that measures metabolic profiles of cells. Even small perturbations in calibrations of the system will cause erroneous data and thereby misinterpretation of experimental results. The system needs to be maintained under contract with the original company, who can not only meet immediate servicing needs, but also offer loaner machines, maintain the computer and software at no additional cost to the program. Agilent provides unlimited phone support for engineering, software, and analysis support, and development of assays specific to the laboratory. The contract with the original manufacturer is above and beyond the basic third-party service contracts that will be crucial for meeting experimental needs of the investigators to meet Division, Center and CDC’s mission-specific activities

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

kfx2 Highlight

Rev. 5/14/19

No other products were considered as the turnaround time under third party equipment maintenance programs depends on the availability of technicians, parts, and service logistics offered by the original manufacturer. Furthermore, third party maintenance agreements do not cover technical support by phone, loaner equipment, or in- person for covered system malfunction. These additional costs associated with any other products and services are required to be borne by the program leading to additional costs to the program. Given the sensitivity and working of the instrument, third party vendors were not considered as maintenance/service contracts for this equipment must be performed by the original manufacturer to ensure the integrity of the instrument. Since timely service and the availability/integrity of parts (hardware and software) and service engineers to meet program-specific needs to meet CDC’s mission is perquisite for this instrument, other vendors were not considered.

3. Program Office efforts to seek potential offerors:

The original manufacturer has access to the most updated software, supplies, parts and trained service engineers to keep the equipment running at peak efficiency. Other providers cannot guarantee that a specific part, software version or a new feature on the equipment can be proved or serviced by their engineers. In addition: FAR 6.302(a) (2) state, “when supplies or services are available from only one responsible source, full and open competition need not be provided for.” As stated above, the original manufacturer is the only organization that can provide parts and service that can be guaranteed to keep our equipment running efficiently.

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: Amrita Kumar, Biologist, Influenza Division, CDC.

Center/Institute/Office COR/Program Official Signature:

Certification Date: June 21, 2021

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.