A13 SSJ for solicitation.docx

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Attached to
Notice of Intent to Sole Source to Clarivate Analytics Federal contract opportunity
Solicitation number
75D301-23-Q-76053
Issued by
Department of Health and Human Services Centers for Disease Control and Prevention Office of Acquisition Services

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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:

ATSDR/Toxicology Section Chamblee Bldg. 106, 5th Floor Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Branch II

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: purchase of bioinformatic software license from Clarivate.

b. Procurement Request (PR) Number (if available): 0HJAAQBG-2023-73327

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

a. Proposed Vendor: Clarivate

b. Estimated Procurement Amount: $146,955

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: Click here to enter text.

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?

This is a Systems biology software that analyses ‘omics’ data, with a Knowledge mining database for hypothesis generation, target and biomarker assessment, and Disease pathway modeling and investigation of potential mechanisms. We use it on our routine chemical filling data needs and chemical-gene-disease projects.

Currently, we have published a publication in a toxicological sciences journal and working on our other publications related to environmental chemicals and toxicity. Prior procurements #75D30122P14546, 75D30121P10419.

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

We conducted an extensive internet search for vendors with a systems toxicology software that analyses ‘omics’ data, with a knowledge mining database for hypothesis generation, enrichment analysis, toxicity modeling, metabolism prediction, Rev.

5/14/19 and investigation of potential toxicity mechanism insights of chemicals. No other manufacturer had the knowledge or expertise that MetaDrug™ has.

3. Program Office efforts to seek potential offerors:

Clarivate is the only supplier for the MetaCore and MetaDrug product. There are no resellers for this software that has the knowledge or expertise that this software has.

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.

Sarah

Manson

-S

S Digitally signed by

Sarah

Manson

Date:

2023.03.15

12:27:19

-04'00' )Center/Institute/Office COR/Program Official Name/Title: Sarah J. Manson, COR ATSDR/OIA/TS

Center/Institute/Office COR/Program Official Signature:

Certification Date: February 1, 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.

Digitally signed by Howard D.

Howard D. Bish -S

Bish -S Date: 2023.03.17 09:22:02 -04'00'

Contracting Officer Signature:

Certification Date: Click here to enter a date.

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