Attachment 6 Justification.pdf

Justification and Approval for Sole Source (J&A)

“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 Deafness and Other Communication Disorders

b. Sponsoring organization.

National Institute on Deafness and Other Communication Disorders

c. Project Officer Information.

• Project Officer Name. Patricia Fitzgerald

• Mailing address. 6001 Executive Blvd, Suite 8016 Rockville

MD 20852

• E-mail address. fitzgert@mail.nih.gov

• Telephone number. 301-827-5489

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

a. Acquisition purpose and objectives. The National Institute on Deafness and Other Communication Disorders (NIDCD), Information Systems Management Branch (ISMB) is seeking to provide Institute-wide licenses for MathWorks MATLAB software and its accompanying Toolboxes. The MATLAB software platform is necessary for machine learning to enable highly complex data analysis problems.

b. Project background. Currently, NIDCD researchers acquire individual licenses on a per-user basis. These licenses are restricted to a small number of “toolkits,” which provide differing methods of data manipulation and analysis. The MATLAB suite offers close to 100 toolboxes. To acquire a single additional toolbox cost $1,000-$1,500 per user. The individual licenses expire on different dates throughout the fiscal year, and renewal lapses have occurred due to renewal notices being sent to the wrong individual. To minimize the administrative burden of renewing user licenses individually and to help ensure there is no lapse in accessing and using MATLAB software, the current acquisition will consolidate the licenses.

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

a. Project title. NIDCD MATLAB Institute-Wide License

b. Project description. The MATLAB software for machine learning enables high complex data analysis problems by NIDCD researchers. The MATLAB Institute-Wide License (IWL) will provide unrestricted access to MATLAB and Toolboxes to NIDCD research staff, The IWL will provide an unlimited number of software installations as well as unlimited access to toolboxes.

c.

• Requirement type.

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): ____________________

• Type of action.

New requirement Follow-on Other (specify): ______________________

• Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, Definite quantity or requirements): ___________ Other (specify): ___________ Completion Form Term form

• Acquisition identification number. Sources Sought Number:

NIH-NIDCD 25-002115

d. Total estimated dollar value and performance/delivery period.

The estimated dollar value of this contract is $33,358.00.

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

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c) (1) as set forth in Federal Acquisition Regulation (FAR) 6.302-(X).

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services

Acquisition Reform Act of 2003 (41 U.S.C. 428a).

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).

This acquisition is restricted to:

Company Name. The MathWorks, Inc.

Company Address. 3 Apple Hill Drive Natick, MA 01760-2098 Point of Contact. Tim Mathieu Contact Phone. 508-647-7016 Contact Email Address. tmathieu@mathworks.com

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

MATLAB is a computationally intensive software package which allows researchers to model and manipulate data through a series of specialized toolboxes. MATLAB is a valuable resource that is critical for NIH staff. No other product on the market offers the same breadth of data science applications. As such, MATLAB is in use throughout the NIH, and Institute-Wide Licenses have been implemented in 15 NIH Institutes and Centers.

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

Last year, third-party software vendors were polled for similar offerings by other institutes. The consensus was that none of the third-party software vendors were able to offer flexible licenses. The vendors offered limited to single-year, per-user based licenses. The per user-based model does not fit the NIH business and administrative model.

mailto:tmathieu@mathworks.com

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

An independent Government Cost Estimate has been developed (IGCE) based on the history of the previous contract, current market conditions, and program needs and expectations. However, to ensure that the price will be fair and reasonable, the data from the IGCE will be compared with the proposal received from the offeror. An award will be made only if it is determined that the proposed total price is fair and reasonable to the government.

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.

ISMB at NCATS performed market research in 2024 and NIDCD conducted additional market research, and it was determined that the MATLAB IWL is a unique offering that is only available directly from MathWorks. While individual licenses are available on the open market, the concurrent use, Institute-Wide Offering is only available to Universities, Colleges and the NIH through a direct agreement with MathWorks. The Institute-Wide plan allows all the licenses to have the same period of performance and alleviates the administrative burden of having licenses that are on separate expiration timeframes.

Based upon this market research, MathWorks, Inc. is the only vendor capable of meeting all aspects of the Government’s licensing needs.

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

No other company produces a product and license agreement that will satisfy this requirement.

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

No other sources have expressed interest in the acquisition.

11. 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.

It is anticipated that this requirement will be a continued requirement after completion of this contract. Market research will be conducted annually to confirm whether Mathworks remains the preferred software solution.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer Patricia Fitzgerald, IT Specialist, Network Management Section

Project Officer’s

Immediate Supervisor

Constance Latzko, Chief Information Officer

Head of the Sponsoring

Program Office

13. Contracting Officer Certification.

This is to certify 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.

Official Name & Title

Signature Date

Contractin g Officer

Marlene Milgram, Supervisor y Contract Specialist

9/19/2025

X Marlene Milgram Marlene Milgram Supervisory Contract Specialist Signed by: PIV

09/19/202