2102441 - Justification and Approval PDF_Redacted.pdf

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

Brand Name Justification for acquisitions over the Simplified Acquisitions Threshold

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS. NIH/NIAID/DIR/CMB

b. Sponsoring organization. Division of Intramural Research (DIR)/Comparative Medicine Branch (CMB)

c. Project Officer information.

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives.

Procurement of replacement caging components that house the laboratory animal mouse colonies of the DIR research community

b. Project background.

The Comparative Medicine Branch (“CMB” or “Program”) is responsible for the housing and care of laboratory animals for the DIR in 7 unique locations both in Bethesda and Rockville. Each species of animal requires a very specific type of caging, feed and bedding. One of the main goals of the CMB is to reduce variables in housing and ensure that investigators can obtain reproducible results.

In order to accomplish this goal, all caging, feed, and bedding supplies are from one manufacturer. In addition, due to lack of storage and adequate clean areas of holding, only one type of racking system and its accompanying cage components (to include water bottles, water bottle racks, feed wire bars, calibrated blowers and rack washing equipment) is used by each facility. The CMB uses a High Density Ventilated Rack (HDVR) system that is composed of unique-to-the-rack cages, which have specifically sized wire bars, feed hoppers, water bottles and lids. Cages are “hooked” to racks via air grommets which are unique to each manufacturer and only hold those cages that have valves and grommets that match. Program requires the acquisition of 7,000 filter top lids and 7,000 cages that fits the currently used HDVR system. Lab Products LLC (aka Lab Products Inc. or Lab Products) is the manufacturer of the currently used HDVR system that requires replacement caging.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Replacement cage components for Lab Products HDVR for CMB vivarium

b. Project description.

The CMB needs to replace old, cracked and broken caging to ensure a safe and clean environment for the research animals. Currently, the CMB needs to replace cage bottoms and cage lids. These cages and lids need to fit onto existing HDVR manufactured by Lab Products.

• Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) X Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action.

X New requirement

Follow-on Other (specify): ______________________

• Proposed contract/order type.

X Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

• Acquisition identification number.

AMBIS sequence number 2102441

c. Total estimated dollar value and performance/delivery period.

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.)

1901 as set forth in Federal Acquisition Regulation (FAR) 13.5.

5. Demonstration that the proposed brand name or the nature of the acquisition requires use of the authority cited.

a. Proposed unique qualifications of the Brand Name product.

The HDVR system racks have blower systems that are specifically calibrated to the cages from that manufacturer. Each rack manufacturer only makes cages and components that fit their own proprietary racks and caging systems.. Cage manufacturer do not make cages that fit for their competition;

therefore no other manufacture can be used to replace existing caging when needed. When a facility first opens or is undergoing a major renovation a cage company is selected. All caging, all components, all accessories then come from that company for the life of the vivarium or until the ENTIRE vivarium is designated for cage/rack change over.

The CMB uses HD Ventilated Racks (HDVR) manufactured by Lab Products LLC in 5 of its vivaria, and currently has a need to replace the used and damaged caging components used on these Lab Products racks. In order to use another vendors product, the CMB would need to replace all racks and all components - necessitating an unwanted and excessive expense to the government. Thus, since only Lab Products manufactures components to fit and function on Lab Product racks, only Lab Products’ cages and lids can fulfill the CMB requirement of getting replacements for its Lab Products rack system.

Only products manufactured by Lab Products LLC meet the requirements for this acquisition, but there may be several third-party sellers for the parts. Thus, a Brand Name limitation is appropriate for this acquisition.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a SAM.gov notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR

5.202 applies.

Based on the market research, only Lab Products’ manufactured cages are compatible with the current existing equipment, and thus only Lab Products branded cages can satisfy Program’s needs. Lab Products confirmed that sell their products directly or through authorized vendors. A solicitation will be posted as a Brand Name on SAM.gov to allow potential third-party sellers an opportunity to participate.

This acquisition shall be a Brand Name acquisition conducted under the authority of 41 USC 1901, as set forth in FAR 13.5, specifically FAR 13.501(a)(1)(ii).

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The acquisition is a firm fixed price. We will attempt to get competitive pricing from third party sellers by posting a solicitation on SAM.gov. This will ensure the cost is within industry norms. The current quoted price from the manufacturer seems to already be fair and reasonable since it is lower than our estimated price(s).

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Several market research techniques were used to identify other possible sources, including review of acquisitions of similar items, queries of internet information sources, and correspondence with people in the government and in the industry. The results of this research indicated there is likely only one manufacturer (Lab Products LLC) for the specific products that could meet Program’s requirements. There may be several vendors or sellers for the goods manufactured by Lab Products LLC – so the evidence from the market research helped us conclude that we should solicit on the open market with a Brand Name restriction.

CMB needs, required to keep up with manufacturers products and trends. The POs experience and relationships with the cage vendors allows the perspective to know that these are sole source procurements. CMB is always aware of upcoming trends and needs of the program and performs ongoing research into caging and caging systems that may meet the current or future needs of the program. If any future needs arise that could allow for competition, the CMB will be amenable to drafting a requirement for full and open competition.

9. Any other facts supporting the use of other than full and open competition.

This requirement can only be satisfied by Lab Products’ manufactured equipment because other vendors do not produce cages that fits Lab Products’ proprietary caging system. Only Lab Products cages are verified to be compatible with their own caging systems.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

A solicitation with Brand Name limitation shall be posted on SAM.gov to gauge whether there are potential resellers of the Brand Name product other than the manufacturer.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

It is the policy of NIAID to promote the use of competitive procedures whenever and wherever possible. In an effort to remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government’s requirement. Program scientists periodically review products from manufacturers and vendors and attends manufacturer and industry training to keep current on technology. The agency will continually re-evaluate the products currently being used and will research for the manufacturers and products that will be in the Government’s best interest as best value for future replacement products at the agency’s site and at sites the agency supports. Products currently being used by the agency for the will be evaluated for alternative options when available.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

15. Competition Advocate signature. The designated OPDIV Competition Advocate (CA), upon acceptance of the rationale provided in the JOFOC, shall complete the information required below and sign in the block provided as the approving official for any JOFOC over $550,000 but not exceeding $57 million2. However, if the CA does not meet the requirements of FAR 6.304(a)(3)(ii) for a JOFOC over $11.5 million, but not exceeding $57 million, an individual other than the CA shall exercise the approval authority.

The signature of the CA, or that of an individual meeting FAR 6.304(a)(3)(ii) requirements for a JOFOC over $11.5 million, but not exceeding $57 million, shall serve as concurrence on any JOFOC over $57 million that requires the approval of the HHS

SPE.

1 This review and concurrence requirement is applicable to the dollar ranges over $550,000 cited in the FAR, specifically: (i) over $550,000 but not exceeding $11.5 million; (ii) over $11.5 million but not exceeding $57 million; and (iii) over $57 million – see FAR 6.304(a)(2) through (4) and 13.501(a)(2)(ii) through (iv). See HHSAR 306.304 and 313.501(a)(1)(iii) for additional information regarding CCO/HCA review of and concurrence with a JOFOC in these dollar ranges. These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No.

2008-03, but are subject to change.

2 This approval authority is applicable to the following dollar ranges cited in the FAR, specifically:

(i) over $550,000, but not exceeding $11.5 million; and (ii) over $11.5 million, but not exceeding $57 million – see FAR 6.304(a)(2) and (3) and 13.501(a)(2)(ii) and (iii). See HHSAR 306.304(a)(2) and (3) and 313.501(a)(ii) and (iii) for additional information regarding this approval authority, including when the CA does not meet the requirements of FAR 6.304(a)(3)(ii). These dollar ranges are current as of the date of issuance of interim acquisition policy memorandum No.

2008-03, but are subject to change.

Official Name & Title Signature Date

Competition Advocate

16. HHS Senior Procurement Executive signature. The HHS SPE, upon acceptance of the rationale provided in the JOFOC, shall complete the information required below and sign in the block provided as the approving official for any JOFOC over $57 million3.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

3This dollar range is current as of the date of issuance of interim acquisition policy memorandum No. 2008-03, but is subject to change – see FAR 6.304(a)(4) and 13.501(a)(2)(iv). See HHSAR 306.304(a)(4) and 313.501(a)(2)(iv) for additional information regarding SPE approval of a JOFOC in this dollar range.