JA NIAID RFQ 20 2013616.pdf

Justification and Approval Brand Name

“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.

Health and Human Services (HHS), National Institutes of Health (NIH)

b. Sponsoring organization.

National Institute of Allergy and Infectious Diseases (NIAID), Research Technologies Branch (RTB), Flow Cytometry Section (FCS)

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

a. Acquisition purpose and objectives.

Renewal of an estimated 776 FlowJo cytometric software yearly site licenses that will guarantee the optimal function and therefore reliable data of the flow cytometry analysis and sorting for the National Institute of Allergy and Infectious Diseases (NIAID).

b. Project background.

The Flow Cytometry Section (FCS), Research Technologies Branch (RTB) in conjunction with the Bioinformatics and Computational Bioscience Branch (BCBB) manages the FlowJo licenses. The software has been used since 1999 to allow investigators to analyze flow cytometry data and then convert it into a graphic presentation appropriate for publications and presentations. The software permits organizing and managing complex cytometry experiments and produces detailed graphical reports. This software is ubiquitous in use in the scientific community and has historically been the standard use. This license has been renewed annually to maintain continuity of experimental data analysis and because of the high desirability and functionality of the software.

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

a. Project title. FlowJo Software Yearly Site License Renewal

b. Project description.

This requirement is for an estimate of 776 FlowJo annual licenses for NIAID, Division of Intramural Research (DIR). This software works with NIAID’s flow cytometers to analyze raw flow cytometric data. Renewal of the FlowJo cytometric software site licenses will guarantee the optimal function and therefore reliable data of the flow cytometry analysis and sorting for NIAID investigators. FlowJo’s ability to automate repetitive operations facilitates the production of statistics tables and graphical reports when experiment(s) involve many samples, parameters and/or operations.

• Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment X Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action.

New requirement X Follow-on Other (specify): ______________________

• Proposed contract/order type.

X 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

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

The estimated period of performance May 1, 2019 – April 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_.

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

FlowJo software and it is the premier scientific analysis program designed for flow cytometric data. It performs comprehensive analyses of up to a thousand samples containing millions of events, which decreases analysis time and drastically increases the number of samples in a study.

Samples can be sorted based on based on tissue type, patient ID, or by a panel of antibodies with which they are stained. When an operation on of these groups is initiated, FlowJo can perform this same operation on each sample allowing for gating of samples. FlowJo is used for both viewing and analyzing the output of the flow cytometry data, and is designed to import and analyze cytometry data from a fluorescence-activated cell sorting (FACS) flow cytometer machines used within the FCS. The investigators use FlowJo to analyze cytometry data and then convert it into a graphic presentation appropriate for publications and presentations, that permits organizing and managing complex cytometry experiments to produce detailed graphic reports that is shared amongst the FSC.

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.

A request for quote solicitation NIAID-20-RFQ-2013616 will be posted in the Federal Business Opportunity.

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

a. Certified Cost and Pricing Data will not be required in accordance with FAR 15.403-1(b)(2) because this is a commercial item.

b. The contractor will be required to submit a price quote, which will be compared to current commercial prices.

c. An independent government cost estimate is based on commercial pricing with NIH applicable discounts.

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.

Market research for the FlowJo Yearly Site License was conducted on 3/30/2020 through Required Sources, Federal Supply Schedules, NIH Strategic Sources and Commercial Websites and found the manufacture FlowJo LLC, and Equs Logistics dba Altum Aerospace whom can provide the FlowJo Yearly Site Licenses.

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

This FlowJo software is ubiquitous in use in the scientific community and has historically been the standard use. There is no other software that is compatible with the existing FlowJo software. To make changes at this stage would be detrimental to the investigators who have programed flow cytometry data for experiments, and the data for the publications and presentations. In order to not hinder progress, utilizing FlowJo will expeditiously and reliably help in generating data to facilitate understanding of such processes and its critical in achieving the goals of FCS, RTB.

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

No other sources have expressed interest in the proposed acquisition. All sources who respond will be considered. A determination not to compete this acquisition, based upon responses to the Federal Business Opportunity solicitation, is solely within the discretion of the Government.

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 the policy of NIAID to promote the use of competitive procedures whenever and wherever possible. In an effort to remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government’s requirement. The FCS, RTB staff meets periodically to discuss various changes to scientific products and processes. Vendor, trade magazines, and scientific publications are scanned for new, open scientific changes that can satisfy various on-going protocols. The agency will continually re-evaluate the software usage in the scientific community, and will continue to research the various manufactures and products that could be in the Government’s best interest. The current situation requires the renewal of FlowJo Yearly Site Licenses.

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.

*Signature Block Redacted*

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.

*Signature Block Redacted*