JA Final Executed.pdf

Justification for Other than Full and Open Competition CDIC, Inc.

Contract No. HHSN272201600042C

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS. Department of Health and Human Services (DHHS), National Institutes of Health (NIH)

b. Sponsoring organization. NIH, National Institute of Allergy and

Infectious Diseases (NIAID), Biorisk Management Branch

c. Project Officer information.

Project Officer name. Jeff Potts

Mailing address. BG 13, RM 3E-62K, 13 South Dr., Bethesda, MD 20814

E-mail address. jeff.potts@nih.gov

Telephone number. 301-402-7460

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

a. Acquisition purpose and objectives. The extension will provide all the necessary personnel and resources to continue to oversee, manage, and improve all components of the National Biosafety and Biocontainment Training Program (NBBTP).

b. Project background. During the recompete of the current contract, HHSN272201600042C, multiple issues arose that has pushed back the award date. There have been numerous discussions between the contracting office and program on how to make the individuals in the NBBTP program to actual fellows using the NIH Intramural Research Training Award (IRTA). During this transition to fellows it came to our attention that travel would be covered by the NIH system Omega and not by the potential contractor as additional discussions took place about travel. During the Technical Evaluation, we were made aware of a conflict of interest which lead to having to postpone the evaluation as well as assemble an entirely new Technical Evaluation panel. The current contract needs to be extended while the issues of the re-competition are mitigated, and a new award is put in place.

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

a. Project title. Administration and Management of the National Biosafety and Biocontainment Training Program

b. Project description. See the attached Work Statement (Attachment I) for the current CDIC contract (HHSN272201600042C), which describes the range of activities to be performed.

Requirement type.

Research & development (R&D) R & D support services X 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 X Other (specify): Modification to increase current contract ceiling by $593,100.27

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):

X Time and materials Indefinite delivery, Indefinite quantity (IDIQ) Other (specify):

Completion Form Term form

Acquisition identification number. HHSN272201600042C

c. Total estimated dollar value and performance/delivery period. The total obligated dollar amount to date of the existing contract is $5,131,824.51. This proposed action will increase the ceiling by $593,100.27 to $5,724,924.78. The period of performance is being extended from April 1, 2020 through September 30, 2020.

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

X 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) 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements, and HHS Acquisition Regulation 306.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

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.

CDIC, Inc., 3000 South Hulen St., Suite 124-199, Ft. Worth, TX 76109

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). The National Institutes of Health is the lead federal agency for the conduct of biomedical research both within the United States and internationally. Due to the prominence of the NIH in the field of biomedical research, its vast network of intramural and extramural researchers and its ability to mobilize intellectual and material resources to solve known and emerging health issues, the Government has tasked NIH with mobilizing civilian bio-defense research. To support this research, there is a critical need to have available high and maximum containment laboratory facilities (Biosafety Level 3 and 4) where research can be performed and, if necessary, intervene in the event of a regional or national emergency. An essential part of this bio-defense program is meeting the long term need in safely managing and operating the laboratories constructed under this program. There is a continuing need to recruit and train qualified individuals who can ensure the safe operation of these facilities where research is conducted at the highest levels of containment. The Division of Occupational Health and Safety (DOHS), Office of Research Services (ORS), is one of the organizations responsible for design and operation for NIH’s biocontainment facility.

NIAID has supported the DOHS in providing biosafety and biocontainment training program, at the professional level, to meet the growing national need for biosafety and biocontainment professionals.

The NIH National Biosafety and Biocontainment Training Program (NBBTP) provides a variety of education opportunities to the national biosafety community. There cannot be a gap in service due to the importance of training individuals in Biosafety Level 3 and 4 facilities, especially during the coronavirus pandemic. One individual is currently working on a project to determine how many times an N95 respirator can be used and deconned between users before it gets degraded. This work is critical not only for the NIH, but the rest of the biosafety community as we try to adopt to the PPE shortages across the country.

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

Notice of the Government’s intent to award will be made pursuant to FAR 6.305.

Although the Agency did consider other vendors in its market research, the Agency determined that only CDIC, inc. could satisfy the Government’s needs according to FAR 6.302-1. Therefore, NIAID will post notification of its intent to modify the current contract on a sole source basis and this justification on Fedbizops.gov on April 1, 2020.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The price is determined to be fair and reasonable based on a cost analysis supported by procurement history and data.

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.

NIAID resolicited this requirement as a 8(a) set aside in accordance with FAR Part 15 on December 11, 2019 under RFP # 75N93019R00022. We have also reviewed literature published by qualified organizations; and contacted knowledgeable acquisition and program officials in Government and industry regarding market capabilities.

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

CDIC, Inc. is the only contractor that is fully staffed with employees who are already familiar with NBBTP procedures and policies that will help reduce administrative burden. A new awardee would not yet be fully operational to begin full performance. If a new contractor were to take over services, the phase-in process would be cumbersome and could result in the loss of data and significant delays in work being performed.

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

CDIC, Inc. (Please see item 6 for further information.)

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.

This contract was already awarded and was procured as a 8(a) set aside competition as stated above.

Contract No. HHSN272201600042C

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

Contracting Officer Callie Prassinos 4/1/2020