2104413_COVID19 JnA Addendum REDACTED.pdf

Addendum to NIH Class J&A for COVID-19 Acquisition

A copy of the NIH Class J&A and this addendum shall be included in every applicable contract file.

The following information supplements the NIH Class J&A for this immediate acquisition by providing supporting detail and rationale as indicated in the Class J&A. Complete all fillable fields. Where needed, instructions are provided in (RED BOLD UNDERLINED). Continuation page is included for any additional space required to complete this form.

1. Identification of the agency and contracting activity.

a. Federal agency and contractingactivity.

Health & Human Services/ National Institutes of Health/(COAC):

b. Sponsoring organization.

HHS/NIH/(Funding IC):

(OR For assisted acquisitions complete below)

Other Agency:

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

See NIH Class J&A.

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

a. Project Title:

COVID-19 Response – Specific Project Title:

Contract Period of Performance:

(Note the total Period of Performance, inclusive of options, is not to exceed 12 months.

Base Period Option Period Option Period Option Period Option Period

Total Period of Performance

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b. Project Description:

• Requirement type. (Select all that apply)

Research & Development(R&D)

R&D Support Services

Support Services (non-R&D)

Supplies/Equipment

Information Technology (IT)

Construction

Architect-Engineer (A & E)Services

Design-Build

Other (Specify any additional requirements as needed to support recovery efforts related tothis national emergency):

• Type of action. (Select one)

New requirement

Follow-on

Other (specify):

• Proposed contract/ordertype.

Pricing arrangement (Select one or more):

Firm Fixed Price

Cost-Reimbursement

Time and Material

Labor Hour

Other (Select only as applicable):

Indefinite-Delivery/Indefinite-Quantity

Letter

• Contract number, Delivery/Task Order Number or other Acquisition identification number.

• Date of Award or Anticipated date of award:

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c. Total estimated dollar value of option period and/or quantities:

Base Period/Qty Option Period/Qty Option Period/Qty Option Period/Qty Option Period/Qty

4. Identification of the statutory authority permitting other than full and open competition See NIH Class J&A.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

(Briefly describe the nature of the acquisition and unique qualifications of the proposed contractor(s) under unusual and compelling circumstances.)

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6. Actions taken under the authority of this class J&A shall include documentation that the proposed contractor is found to be responsible to perform the work.

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a Contract Opportunities notice was or will be publicized in beta.SAM.gov as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Check to verify no synopsis in accordance with FAR 5.202(a)(2) or describe below.

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

Check to verify file includes complete documentation of the price/cost analysis conducted and that the proposed price is fair and reasonable.

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.

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

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

See NIH Class J&A.

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

Non

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

10. 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.

See NIH Class J&A.

Contracting Officer (CO) Signature Approver Signature: One level above the CO

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Any Additional Information:

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Addendum to HHS Class J&A for COVID-19 Acquisition

The following information supplements the HHS Class J&A for this immediate acquisition by providing supporting detail and rationale as indicated in the Class J&A. Complete all fillable fields. Where needed, instructions are provided in (RED BOLD UNDERLINED). Continuation page is included for any additional space required to complete this form.

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity.

Health & Human Services/ National Institutes of Health/(COAC):

b. Sponsoring organization.

HHS/NIH/(Funding IC):

(OR For assisted acquisitions complete below)

Other Agency:

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

See HHS Class J&A.

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

a. Project Title:

COVID-19 Response – Specific Project Title:

Contract Period of Performance: (Note the total Period of Performance, inclusive of options, is not to exceed 12 months.

Base Period

Option Period

Option Period

Option Period

Option Period

Total Period of Performance

b. Project Description:

· Requirement type. (Select all that apply)

Research & development (R&D)

R & D support services

Support services (non-R&D)

Supplies/equipment

Information technology (IT)

Construction

Architect-engineer (A & E) services

Design-build

Other (Specify any additional requirements as needed to support recovery efforts related to this national emergency):

· Type of action. (Select one)

New requirement

Follow-on

Other (specify):

· Proposed contract/order type.

Pricing arrangement (Select one or more):

Firm Fixed Price

Cost-Reimbursement

Time and Material

Labor Hour

Other (Select only as applicable):

Indefinite-Delivery Indefinite-Quantity

Letter

· Contract number, Delivery/Task Order Number or other Acquisition identification number.

· Date of Award or Anticipated date of award.

c. Total estimated dollar value:

Base Period

Option Period

Option Period

Option Period

Option Period

Total Estimated Value

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

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). (Briefly describe the nature of the acquisition and unique qualifications of the proposed contractor(s) under unusual and compelling circumstances.)

6. Actions taken under the authority of this class J&A shall include documentation that the proposed contractor is found to be responsible to perform the work.

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a Contract Opportunities notice was or will be publicized in beta.SAM.gov as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Check to verify no synopsis in accordance with FAR 5.202(a)(2) or describe below.

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

Check to verify file includes complete documentation of the price/cost analysis conducted and that the proposed price is fair and reasonable.

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.

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

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

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

Non

Check to verify this is addressed in the Summary of Negotiations and included in the contract file.

10. 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.

See HHS Class J&A.

Contracting Officer (CO) Signature Approver Signature: One level above the CO

Any Additional Information:

3635 Peterson WAY Santa Clara, California 95054-2809 United States NatureOfAcquisition: The RTB-BIS office (Program) requires the acquisition of Newport Corporation's Insight X3 Dual 067 laser that will integrated into the Stellaris 8 microscope for COVID 19 research. There is an urgent and compelling reason to procure this through sole source because there are unique technical, compatibility, and BSL3 site requirements that can only be satisfied by this Newport Laser. his equipment is a COVID-19 related order funded with COVID-19 funding. This equipment will be vital to COVID-19 research and addressing the global pandemic, and not acquiring this equipment via sole source would cause significant delays to the urgent and compelling COVID-19 research conducted by Program.

Program currently operates an obsolete laser that must be replaced with a newer model designed for cellular and tissue examination. The existing laser has a range of 690-1040nm which is no longer sufficient for intravital imaging experiments. The new laser required is a multiphoton (MP) laser with a tuning range of up to 1300 nm for probe excitation. The Insight laser has a tuning range between 690-1300. Program's experience and research indicated that the only other vendor for ultra-fast pulsed lasers of this type is Coherent Inc., which manufactures a laser model called Chameleon (“Chameleon laser”). However, the Insight X3 laser has some features that the Chameleon lacks that are required under by the lab, including laser pulses being less than 120fs at all wavelengths across the spectrum from 680 to 1300nm and storage of a compensation curve for Group Velocity Dispersion (GVD) based on each objective installed in the microscope based on measurements through the entire beam path of the microscope.

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The unique challenges of working in a BSL3 lab is also an important factor. This laser is to be installed in a BSL3 lab which contains highly infectious material. Due to biological contamination issues, it is very difficult to remove hardware such as a laser without decontamination and shutting down the lab, which may halt research for a week or longer. Instruments cannot be removed from the lab if they fail, otherwise that would necessitate a shutdown of the lab and a full decontamination. Therefore, instruments must be repaired on site (in the lab) if possible. Newport Corporation's Spectra Physics can repair and service their laser in these BSL3 conditions without being moved from its installed position. The competitor's laser, the Coherent Chameleon, is not repaired in the field but requires exchanging and shipping the laser back to the manufacturing plant. Thus, the Coherent laser would require this decontamination and shutdown - which would significantly and negatively affect research.