9. JOFOC FAR 13 POTS 25-000046 Signed.pdf

Justification for Other than Full and Open Competition (JOFOC) IAW FAR 13.501 (2)(i) exceeding the simplified acquisition threshold, but not exceeding $750,000.

1. AGENCY IDENTIFICATION AND CONTRACTING ACTIVITY

The Department of Health and Human Services.

National Institutes of Health Clinical Center Purchasing and Contracts Department 6701 Democracy Blvd Bethesda, MD 20892

POTS: 25-000046

NAICS Code: 541519

PSC/FSC: R499

2. NATURE AND/OR DESCRIPTION OF THE ACQUISITION BEING APPROVED

The proposed action is a sole source purchase order IAW simplified acquisition procedures and FAR 13.501 (2)(i) - exceeding the simplified acquisition threshold, but not exceeding $750,000. INFOR (US), INC. is the only known source. The lack of and/or lapse in maintenance and support will negatively impact the Materials Management and Environmental Services Department (MMESD) and their ability to support the National Institutes of Health (NIH) Clinical Center (CC) via Supply Operations.

3. DESCRIPTION OF THE SUPPLIES AND SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

Annual software Elite Xtreme Premium Maintenance and Support Agreement. Required for maintaining existing Infor/Lawson Software used by the Materials Management and Environmental Services Department (MMESD) to support the National Institutes of Health (NIH) Clinical Center (CC) Supply Operations.

4. THE TOTAL ESTIMATE FOR THIS PROJECT: $ 292,407.75

5. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION.

_X_FAR 13.5 - Per 13.501(a)(1), “Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must prepare sole source (including brand name) justifications using the format at FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C. 1903...” 41 U.S.C.1901 - Simplified acquisition procedures were used and only one source is reasonably available. Infor / Lawson Software updates and Infor / Lawson Customer Web Site (“inforxtreme.com”) and the Lawson Community Web Site (“Community Site”) collectively (“Sites”) are proprietary to Lawson Software, Inc. and include material that is confidential and protected internationally by trademark, copyright, patent, trade secret, trade dress, unfair competition and related intellectual property laws. All Software is confidential to Infor / Lawson and its use and distribution is governed by the terms and conditions of the license agreement and therefore is not available through any other source other than Infor / Lawson Software, Inc.

IAW FAR 13.501(a)(2)(i), “[f]or a proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.”

6. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

INFOR (US), INC. is the only known source of maintenance and support of the existing system/software. The proposed purchase order is expected to exceed the simplified acquisition threshold, but not exceed $750,000; and is for commercial services (maintenance and support of an existing system). Continued use of the system without maintenance and support will negatively impact the Materials Management and Environmental Services Department (MMESD) and their ability to support the National Institutes of Health (NIH) Clinical Center (CC) via Supply Operations.

7. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE

There is only one known source and that source has been previously solicited. The industry environment will be reassessed to ensure that INFOR (US), INC. is the only source in the future for future requirements.

8. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND

REASONABLE.

National Institutes of Health (NIH) Clinical Center (CC) has previously purchased the similar services at similar pricing.

9. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS OR

STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

The proposed vendor has previously performed the required maintenance and support and is the only known source. A Notice of Intent to Sole Source was provided via SAM.gov

10. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPENCOMPETITION.

N/A.

11. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION.

INFOR (US), INC.

12. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITIONFOR THE REQUIRED SUPPLIES OR SERVICES.

There is only one known source and that source has been previously solicited. The industry environment will be reassessed to ensure that INFOR (US), INC. is the only source in the future for future requirements.

13. ADMINISTRATIVE OFFICER/PROGRAM OFFICIAL CERTIFICATION

“I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.”

Paulette Tabron Supervisor, Inventory Management, MMESD

14. CONTRACTING OFFICER CERTIFICATION

“I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.”

Susan Nsangou Contracting Officer