Attachment 10 - Sole Source Justification - signed.pdf

Revised10/31/2016

FAR Subpart 13.106-1(b)

SOLE-SINGLE SOURCE (including Brand-Name) JUSTIFICATION

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the Agency and Contracting Activity.

a. Federal Agency and Contracting Activity.

Department of Health and Human Services National Institute of Health National Institute on Drug Abuse

b. Sponsoring Organization.

National Institute on Drug Abuse (NIDA) Office of Management (OM) Information Resources Management Branch (IRMB)

c. Project Officer Information.

Gregg Friedman Chief Information Officer National Institute on Drug Abuse 11601 Landsdown St., 09B06 North Bethesda, MD 20852-6014 gregg.friedman@nih.gov (301)-827-4084

2. Project Description.

a. Name of Item or Project Title.

JChem Oracle Cartridge and Marvin JS Annual License Renewals

b. Description of the Item or Service.

NIDA has developed a system comprised of a number of proprietary tools, collectively referred to as AIMS (ATDP (Addiction Treatment Drug Program) Information Management System), an application that has been in use since 2015. The NIDA OM IRMB is a part of NIH and is responsible for the management of the AIMS application.

The AIMS application is used by NIDA staff to draw, modify, store, import, and export metadata and structure information of proprietary substances received from external entities. The received information often comes in non-industry formats that need to be transformed into a standard industry format. The application is also used to verify that the chemical structure and metadata matches the information received from the submitter. The application is also used to search and compare both proprietary and non-proprietary substances for similarities or uniqueness across all chemical structures stored in the AIMS database. Due to the nature of the proprietary substances, the AIMS system cannot publish the chemical structure and associated metadata for public consumption.

This functionality has been implemented using JChem Oracle Cartridge, the chemical knowledge for which comes the Marvin JS library. Without these tools, the system would mailto:gregg.friedman@nih.gov be unable to properly function and would be unnecessarily burdened by the inherent performance disadvantage of using Oracle’s Java Stored Procedures. NIDA requires license renewals for a One (1) Year Period. Without this contract in place the JChem Oracle Cartridge and Marvin JS Library licenses will lapse, and the AIMS application will lose its core functionality.

These software applications are proprietary to Chemaxon, LLC and can only be purchased from this company.

3. Market Research (see FAR Part 1 0).

Market Research showed that there is only one source which can meet this specific requirement’s need for continuity of services, data, and on-going efforts. The Project Officer and Contract Specialist used the below methods for their market research:

• Contacted knowledgeable individuals in Government and industry regarding market capabilities of the product or service requirement.

• Reviewed prior/previous purchases of similar/identical acquisition(s).

• Consulted Contracting Officer on prior/previous purchases of similar/identical acquisition(s).

• Posted Sources Sought Notice in SAM.gov

• Reviewed catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available online

• Searched the internet, SBA Dynamic Search, Contract Directory, Federal

Business Opportunities, and GSA by keywords “Chemaxon”, “JChem Oracle Cartridge” and “Marvin JS”

The results of market research have determined that:

• Commercial items or service are customarily available in the commercial

Marketplace.

• No other sources could be found other than the product offered by Chemaxon, LLC.

4. Acquisition Type.

This acquisition exceeds $10,000 and is not expected to exceed $250,000 and conducted in accordance with FAR Part 13—Simplified Acquisition Procedures.

5. Acquisition Authority. This acquisition is conducted under the authority of 41 U.S.

Code SS 3304 (a)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Pursuant to FAR 13.106-1 (b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, 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, or industrial mobilization).

6. Justification Rationale.

Only one source is available:

I hereby determine that the JChem Oracle Cartridge and Marvin JS library listed herein is available from only one source, and competition is precluded for the reasons indicated below. There are no substitutes available. This acquisition is restricted to:

Chemaxon 3511 Silverside Road, Suite 105 Wilmington, DE 19810

The estimated cost of the required item or service is $11,440.00 for the base period and is required to be installed and configured by July 1, 2024. If the option periods are exercised the ultimate contract value is $56,418.00.

Brand-name or Items peculiar to one manufacturer:

The essential characteristics of the JChem Oracle Cartridge and Marvin JS library that limit the availability to a sole source are:

- The received information often comes in non-industry formats that need to be transformed into a standard industry format.

- The application is used to verify that the chemical structure and metadata matches the information received from the submitter.

- The application is used to search and compare both proprietary and non-proprietary substances for similarities or uniqueness across all chemical structures stored in the AIMS database.

- Due to the nature of the proprietary substances, the AIMS system cannot publish the chemical structure and associated metadata for public consumption.

Only this suggested source can furnish the requirements, to the exclusion of other sources, because:

- Other products only allow for saving or searching in their database.

- Other products allow marking records not for public use, but it expires and needs to be renewed manually for each compound.

- Other products are meant to be used for searching in their database by importing and exporting different formats but cannot be used for saving.

The new items are "direct replacement" components for an existing system. Furthermore, to ensure continuity of the database and availability on information for ongoing work, the software must remain the same going forward due to prevent loss of data or stoppage of work.

Through the market research techniques identified above, no other capable offerors could be identified.

7. Any other facts supporting the justification:

None.

8. Project Officer Certification. The undersigned program official(s) certifies that the information in support of this justification for the proposed acquisition has been reviewed, is complete and correct to the best of my knowledge and belief and recommends approval.

Project Officer Date

9. Contracting Officer Certification. The Contracting Officer certifies 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 and in accordance with FAR 13.106-1(b)(1), the facts of this acquisition preclude the use of full and open competition.

Contracting Officer Date