Zeiss-Sole-Source-Procurement Justification 5.11.2023.pdfsigned.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 Zeiss Elyra and the confocal 710 Microscopes.

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

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

a. Proposed Vendor: Carl Zeiss Microscopy, LLC, 1 North Broadway, White Plains, NY

10601

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 (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 Zeiss Series of microscopes are critical to meeting the missions of several centers within the

CDC. The Zeiss 710 and the Elyra system are the only instrument within the CDC that has the capability to image organelle level resolution, thereby, providing the ability to address critical mission critical questions. The service contract for the equipment’s is only offered by the original manufacturer to ensure the integrity of the instrument and the availability/integrity of parts and service engineers. In addition, the original manufacturer can provide immediate repair service when needed and offer loaner machines so that work can continue while the original machine is being repaired. Software revisions that are proprietary to Zeiss are installed with no additional cost to the program. These are not provided by third party as they are not commercially available for upgrades. Zeiss provides unlimited service visits (within 24-48-hour guaranteed response) in response to an instrument failure. In many instances, Zeiss technicians attended to the needs and performed repairs or maintenance on the same day. Zeiss provides unlimited telephone support for instruments, reagents and applications at no additional charge. Zeiss will provide unlimited onsite and unlimited phone support for engineering, software support, protocol development for staining methods from Zeiss engineers and specialists. These support services have been crucial for meeting experimental needs of the investigators to meet Division, Center and CDC’s mission-specific activities and we would continue to require unlimited support. Hence, Zeiss service contract is above and beyond a basic maintenance agreement. Zeiss replacement parts are from

OEM and not from third parties and their cost and installation are covered by the service contract with no additional cost to the program.

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

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.

Furthermore, third party maintenance agreements cover technical support by phone or in person for covered system malfunction only and the costs associated with software upgrades, products and services are required to be borne by the program. Hence, there will be additional costs to the program. Since this service contract is way above and beyond simple maintenance agreements that third party provides, there will be additional costs to fulfil the requirements. Hence, they were not considered as maintenance/service contracts for this equipment must be performed by the original manufacturer to ensure the integrity of the instrument, timely service and the availability/integrity of parts and service engineers to meet program-specific needs to meet CDC’s mission.

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 provided 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: March 19, 2023

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.