JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

(REVOLUTIONARY FAR OVERHAUL (RFO))

REFERENCE: Operation and Maintenance of the Chimpanzee Care Center (CCC)

1. Identification of the agency and contracting activity. The National Institutes of Health (NIH), Division of

Program Coordination, Planning, and Strategic Initiatives (DPCPSI) proposes a sole source modification to an existing contract on the basis of other than full and open competition, to extend the period of performance and increase total value of the contract for Operation and Maintenance of the Chimpanzee Care Center (CCC) at MD Anderson Cancer Center, University of Texas, Bastrop, TX.

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

For over 40 years, the National Institutes of Health (NIH) has supported a facility at the Chimpanzee

Care Center (CCC), MD Anderson Cancer Center, University of Texas, in Bastrop, TX to care for NIH-owned chimpanzees. The program previously supported biomedical research on chimpanzees but ceased biomedical/invasive research in 2012. Since NIH’s announcement on November 18, 2015, eliminating biomedical research on NIH-owned and-supported chimpanzees, the CCC has continued to provide care for the chimpanzees residing at their facility until those animals that could be transferred to the Federal Sanctuary were retired. Chimpanzees that were deemed unable to relocate to the Federal Sanctuary due to a high probability that “relocation would severely and irreversibly accelerate deterioration of the chimpanzee’s physical and behavioral health” (Appendix Announcement of Agency

Decision-Relocation of At-Risk Chimpanzees) at the CCC. The NIH requires a Contractor to operate and maintain the facility at the CCC and care for the NIH-owned chimpanzees. Maintenance of chimpanzees is required; no research is allowed.

The primary objective of this acquisition is to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National

Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government.

This is in accordance with the Chimpanzee Health Improvement, Maintenance, and Protection

(CHIMP) Act passed by Congress in 2000.

The purpose of this action is to modify contract number 75N97021C00001 to extend services for the continued operation and maintenance of the Chimpanzee Care Center (CCC), located at the University of Texas, M.D. Anderson Cancer Center in Bastrop, TX. This action will ensure the continuity of services currently provided under this contract. That contract's original performance period was December 1, 2020, through November 30, 2025, and it is now operating under a six-month extension, with a revised completion date of May 31, 2026. The Government is extending the contract for 90 days and obligating additional funding to maintain uninterrupted support while a new contract is properly planned and completed.

Due to recent federal workforce reductions-in-force, acquisition staff restructuring, and consolidation of acquisition operations within the Department of Health and Human Services, and associated disruptions, the

Government has experienced unavoidable delays in completing the follow-on procurement for continued operation and maintenance of the Chimpanzee Care Center. These staffing and organizational changes have significantly affected acquisition timelines, review processes, and approvals despite the Government’s continued efforts to complete the procurement as quickly as possible. Accordingly, the Government intends to extend the current contract period of performance and provide additional funding. This extension is necessary to maintain uninterrupted operational and programmatic support while the successor contract is finalized, negotiated, and awarded in accordance with applicable procurement statutes, regulations, and internal approval requirements. This extension will ensure the Government remains in compliance with the legal and ethical obligations required by the CHIMP Act.

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

The requirement will provide for the continued operation and maintenance of the CCC which will care for 30-40 chimpanzees housed in social groups. Chimpanzees may have been exposed to viruses such as hepatitis B or C virus (HBV, HCV) or both HBV and HCV, or other pathogens. The animals have disease complications associated with aging, including cardiovascular disease, renal disease, diabetes, hepatitis, arthritis, obesity, and uterine masses. Most have comorbidities. These chimpanzees need to be routinely monitored and medically managed with an emphasis on the animal’s quality of life. The number of chimpanzees is expected to decrease over time as they die due to natural causes or are humanely euthanized in accordance with quality-of-life guidelines. The Federal Government retains ownership of these chimpanzees. The contract may be terminated earlier than the completion date or allowed to expire if there are no remaining chimpanzees due to natural attrition. The proposed contract action is made under the terms of an existing contract and will allow M.D. Anderson to accomplish its mission of care for the NIH-owned chimpanzees.

The is a Cost-Reimbursement type contract. The total amount obligated under the contract is $8,280,890.87.

This 90-day extension will increase the value by a total estimated amount of $402,667. The current contract expires on May 31, 2026 and a 90-day extension of the contract is required to prevent a lapse in mission-critical services.

Period of Performance Amount

06/01/2026-06/30/2026 $132,135

07/01/2026-07/31/2026 $135,266

08/01/2026-08/31/2026 $135,266

This action – 90 day extension total value $402,667

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

In accordance with 41 USC 3304(a)(2), as implemented by RFO 6.103-2 the statutory authority permitting other than full and open competition is “unusual and compelling urgency”.

5. Demonstration that the unique qualifications of the proposed contractor or nature of the acquisition requires using the authority cited.

The University of Texas, M.D. Anderson Cancer Center is uniquely qualified to provide the specialized services, facilities, and resources required for this contract based on their exclusive capabilities. Use of another contractor would disrupt established protocols and negatively impact the health and welfare of the animals due to disruption of continuity of care. This risk is unacceptable to the Government.

A Highly Specialized Requirement with Unique Risks

This requirement is for the care of a specific colony of 30 to 40 aged chimpanzees with significant disease complications and comorbidities, including cardiovascular disease, renal disease, diabetes, and arthritis. A majority of the chimpanzees have been exposed to viruses such as hepatitis C (HCV) and/or human immunodeficiency virus (HIV), introducing critical bio-hazard concerns. The medical management and handling of this population require profound, specialized knowledge of chimpanzee physiology, behavior, and the safe handling of blood-borne pathogens.

Exclusive Qualifications of M.D. Anderson Cancer Center

Drawing upon more than four decades of dedicated service to this specific chimpanzee colony, the

M.D. Anderson Cancer Center staff possess unmatched site-specific knowledge and expertise. Their veterinary and care staff have an extensive, long-term relationship with these animals, which is critical for managing their chronic and complex medical needs. This familiarity allows them to recognize subtle but significant changes in an animal's health status, as chimpanzees often mask pain and adverse conditions. This level of expertise is not available elsewhere, as the declining population of chimpanzees in the U.S. has led to a scarcity of individuals pursuing this specialization.

Unacceptable Risks of Transitioning to a New Contractor

Awarding this contract to any other source would introduce unacceptable risks and costs:

• Risk to Animal Welfare: A change in personnel would cause significant stress to the chimpanzees, who have formed strong bonds with their current caretakers. This stress would have a direct negative impact on their health and could accelerate the deterioration of their condition during a critical time of treatment.

• Loss of Continuity of Care: A new staff would lack the extensive patient history and behavioral knowledge required to manage the nuanced, chronic care these animals need, increasing the risk of adverse health outcomes.

• Unacceptable Delays and Costs: A transition period of at least 12 months would be required for a new staff to gain the necessary clearance and familiarity with the animals and their unique medical needs. Awarding this to another source would result in an unacceptable delay of at least 12 months, the minimum time required to clear new personnel and safely transition the highly specialized care protocols. Furthermore, because the government would need to fund both the incumbent and the new contractor simultaneously during this 12-month shadowing and transition phase, it would result in an estimated $1.26 million in duplicative, unrecoverable costs (effectively doubling the base year cost) without providing any additional benefit to the animals or the agency.

Infeasibility of Other Alternatives The chimpanzees are housed at a facility owned and operated by the University of Texas, M.D. Anderson Cancer Center. These specific animals are considered unable to be safely transferred to another location, including the Federal Sanctuary. An agency decision has determined there is a high probability that “relocation would severely and irreversibly accelerate deterioration of the chimpanzee’s physical and behavioral health” (Appendix 1 Announcement of Agency Decision- Relocation of At-Risk Chimpanzees).

Therefore, it is in the best interest of the Government to extend the period of performance on the existing sole-source contract to the University of Texas, M.D. Anderson Cancer Center. They are the only source capable of satisfying the Government’s minimum needs without introducing unacceptable risk to the welfare of the animals or incurring unacceptable delays and costs.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

Pursuant to RFO 103-2, Unusual and Compelling Urgency, the Government has determined that this acquisition action must be processed on an urgent basis to prevent an unacceptable interruption in critical services associated with the continued operation and maintenance of the Chimpanzee Care Center. In accordance with the CHIMP Act, this federally supported sanctuary system is mandated to provide lifetime care for retired chimpanzees. This framework provides for ethical retirement and protection of research chimpanzees, maintaining legal safeguards, lifelong welfare, and ensuring federal oversight.

The Government considered the time required to provide advance notice under FAR Part 5 and determined that compliance with the synopsis requirements would unacceptably delay the acquisition and result in serious injury to the Government’s interests. Accordingly, this action is being conducted under the authority of RFO 103-2, Unusual and Compelling Urgency, and the exception to publicizing requirements set forth in FAR 5.202(a)(2) applies. Therefore, a notice under FAR Part 5 is not required for this action.

7. Determination by the CO that the anticipated cost to the government will be fair and reasonable.

The CO determined the estimated price for this modification to be fair and reasonable based on a review of historical pricing from similar services, including work currently conducted under this requirement, comparison with current market research, and analysis of the Independent Government Cost Estimate (IGCE).

8. Description of the market research conducted and results, or a statement of the reason market research was not conducted.

Comprehensive market research was conducted during the acquisition planning and pre-award phases of the follow-on requirement to identify any capable sources and determine the extent of competition for the Government’s requirements. This research confirmed that only the incumbent possesses the unique capabilities required. The market research consisted of the following actions:

1. Public Notices on SAM.gov:

A Sources Sought Notice was posted on SAM.gov on April 28, 2025, seeking vendors capable of performing the requirements outlined in the Statement of Work (SOW) in accordance with applicable federal laws, regulations, and policies. The notice closed on May 9, 2025, and one response was received from M.D.

Anderson. The notice also invited any interested vendors that believed they could satisfy the Government’s requirements to submit a capability statement for consideration.

2. Review of Government Procurement Databases:

The Contract Specialist reviewed government-wide databases for similar requirements. The only comparable contracts found were for this same requirement at M.D. Anderson and the contract for the Chimp Haven Federal Sanctuary, both of which are also sole-source awards due to the unique nature of their facilities and the specialized populations they serve.

3. Analysis of Potential Alternatives:

While Chimp Haven is the designated Federal Sanctuary, it is not a viable alternative. As stated in this justification, the specific animals at the M.D. Anderson CCC have been formally determined to be unfit for relocation due to the unacceptable risk to their health and welfare.

Conclusion of Market Research:

Based on the Sources Sought Notice which resulted in one response from MD Anderson and the analysis of government databases, the Government confirms that no other sources exist that can meet the minimum needs of this requirement without introducing unacceptable delays and unacceptable risk to the welfare of the animals. At this time, it has been determined that M.D. Anderson possesses unique qualifications and capabilities to provide the services for this requirement and is the only organization that can successfully continue the work under the contract. Any delays will significantly affect the progress and performance of activities, which would be tremendously costly to the Government and result in significant loss of previous investments.

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