A16_Abbott_Informatics_SS_Copy2_Redacted_1.pdf

JUSTIFICATION AND APPROVAL

Justification for Other Than Full and Open Competition (FAR 6.3)

1. Contracting Agency and Activity. The Department of the Interior, United States Geological Survey, Office of Acquisition and Grants, Denver Acquisition Branch, plans to contract by means other than full and open competition. This document sets forth the justification and approval for use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984.

2. Nature of Action Being Approved. This action is for a new firm-fixed-price contract. The duration will be a base award for twelve (12) months with four (4) Option Periods of twelve months each, for a total contract duration of sixty (60) months or five (5) years. The proposed awardee is Abbott Informatics.

3. Description of Supplies or Services. This requirement is for an annual “Maintenance as a Product” support plan for the STARLIMS software, specifically the Standard Annual Maintenance Plan (AMP). The requiring program office is the National Water Quality Laboratory (NWQL) located on the Denver Federal Center, Lakewood, CO.

4. Estimated Dollar Value. The estimated dollar value of the base twelve-month award is $36,835.89 for the annual maintenance costs for the STARLIMS. The total estimated value for the base period and four 12-month options is $195,566.77.

5. Statutory Authority. The proposed action may be awarded on a sole source basis under the authority of FAR 13.106-1(b)(1) – only one source reasonably available.

6. Rationale Supporting Use of Citation in No. 5. The rationale supporting this award to Abbott Informatics is as follows:

The current STARLIMS software has been customized for the NWQL to operate as the NWQL Lab Information Management System (LIMS); STARLIMS software code is proprietary to Abbott Informatics and not available from any other source. Software patches, updates, and enhancements are only available from Abbott Informatics and are required to keep the software code in good health (resolving security issues) and leverage feature updates. The design, development, maintenance, and support of the software remains solely with Abbott Informatics.

Without a maintenance contract all support for the current STARLIMS version will expire leaving the NWQL vulnerable to uncorrectable errors in software code as well as an inability to address security vulnerabilities in the STARLIMS software code. In addition, the NWQL would forfeit the rights to all upgrades. This would severely jeopardize the ability of the NWQL and USGS to meet its mission as the LIMS would need to be shut down absent security patches.

7. Other Information.

All information pertaining to this requirement has been provided in 6.

8. The Efforts to Identify Additional Sources Including the Market Research Conducted.

Specifically, an internet market research was performed to determine if any other authorized vendors or resellers exist that could provide the maintenance contract; none were found. No other sources are known to possess the unique and essential qualifications outlined in Part 6 above, because the software is proprietary to Abbott Informatics and the ownership of the source code and all functional upgrades lie only with them. Only Abbott Informatics can authorize and sell a maintenance agreement including both support and upgrade rights for STARLIMS.

NWQL personnel are continuously performing market research pertaining to the work in the Lab. NWQL personnel also receive emails from companies detailing services they can provide.

They receive company literature, specifying service capabilities they have, much of which Lab personnel review. Finally, they attend conferences, a portion of which deal with new instruments and the servicing of these complex and intricate instruments. (Conference have been put on hold due to COVID). During these conferences they interact and exchange information with personnel from other labs across the country. As a result of all this diverse source of information, Lab personnel are extremely familiar with what is available in the marketplace. The results of the research confirms that Abbott Informatics is uniquely qualified to perform these maintenance and repair services.

9. Future Plans to Permit Competition.

As stated in 6 above, Abbott Informatics holds all the rights to this STARLIMS software, thereby, limiting future competition. A new project has begun in FY22 to identify follow-on Lab Information Management System for NWQL which is expected to be launched into production in FY24 or beyond. The establishment of the new LIMS will include a thorough market research for a replacement system.

10. Recommendation and Certification from Program Office

Based on the above, I recommend this acquisition be conducted on the basis of other than full and open competition. I certify that technical data which form a basis for this justification that are the responsibility of technical or requirements personnel are complete and accurate.

NWQL Chief

11. Certifications from the Contracting Officer:

a. Price reasonableness will be based upon current market research and comparison with similar products.

b. This justification is accurate and complete to the best of my knowledge and belief.

13. Approvals

Christopher Carter Contracting Officer

Chief of the Contracting Office

Bureau Competition Advocate

CHRISTOPH

ER CARTER

Digitally signed by

CHRISTOPHER CARTER

Date: 2021.12.08 10:52:18 -07'00'