Zeiss Microscopy Service Agreement Sole Source Justification.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:

NCIRD/DVD/VVPDB

Building 18, 5-103 MS H18-5 Centers for Disease Control and Prevention Atlanta, GA 30333

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Unit 80/VVPDB

C. Identification of Requirement:

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

a. Sole source acquisition of: Zeiss LSM 800 Axio Observer 7 Confocal Microscope System Service Agreement

b. Procurement Request (PR) Number (if available): 000HCJCD-2024-84251

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

a. Proposed Vendor: Carl Zeiss Microscopy, LLC One North Broadway, White Plains

NY 10601-2301

b. Estimated Procurement Amount:

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 (Only One Source or Brand Name)

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?

Our Zeiss LSM 800 Axio Observer 7 Confocal Microscope System is extremely specialized and is only provided by one manufacturer. Therefore, it can only be serviced by that manufacturer, Carl Zeiss Microscopy, LLC to ensure safety and quality of the microscope system are maintained. Typical services covered under agreements such as preventative maintenance, technical support, basic and advanced repairs, and part replacement can only be performed by highly trained Carl Zeiss Microscopy, LLC field service engineers. These field service engineers use OEM parts covered under the agreement to ensure mitigation of risks to the system such as improper communication of microscope software and hardware, breaking delicate and expensive moving parts, and catastrophic failure of the microscope’s electrical systems.

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

Leica Microsystems (Danaher Corp) and The Remi Group were both contacted in regard to this service agreement. Leica confirmed that they are not willing to service competitors’ instruments, and they do not have access to Zeiss field service engineers or OEM parts. Remi quoted a price higher than the manufacturer and

Rev. 5/14/19 confirmed that they do not always use manufacturer parts and field service engineers, which is not acceptable on this system. Additionally, the Zeiss LSM 800 Axio Observer 7 Confocal Microscope System is a proprietary machine specialized to its manufacturer. No other vendor has the knowledge and expertise to work with the delicate hardware components, laser system, and proprietary software of the microscope while mitigating the risks listed above while maintaining quality of data and laser safety standards.

3. Program Office efforts to seek potential offerors:

We did not make efforts to seek potential offerors since, as stated above, it is necessary for the longevity of our Zeiss LSM 800 Axio Observer 7 Confocal Microscope to not introduce risk by allowing inappropriately trained personnel work on the system. Only field service engineers trained by Carl Zeiss Microscopy, LLC can be allowed to service the microscope, or we risk doing irreparable damage to the system, introducing laser and moving parts safety hazards, or creating data quality issues.

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: NCIRD/DVD/VVPDB Cindy W. Brown, PMO

Center/Institute/Office COR/Program Official Signature:

Certification Date: January 5, 2022

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.