JA Streamlined below SAT ASP and Animal Use Database.docx

JUSTIFICATION & APPROVAL

Below the Simplified Acquisition Threshold

Project Title: VIVA INFORM

POTS #

Enter the project title as it will appear in the solicitation and contract/order.

(To be completed by the requestor, only fill out what is in Red)

Note: Ensure that your narratives are written in a manner to permit an individual without any technical knowledge of the requirement to understand the supporting rationale. Don’t use trade language, or jargon. You don’t need to get into the scientific “weeds” of the requirement. While you should include all technical requirements of the product or service, there is no need to elaborate unnecessarily on the science. The purpose of this justification is to document an acquisitions file and should not be written in the same manner as a scientific paper. Use plain language when possible.

I. Identification of the agency and contracting activity

II. Description of the project, and supplies or services required to meet the agency’s needs (including the estimated value) A. Type of action. Check the appropriate box:

☐ New requirement ☐ Follow-on

· Name of the previous contractor(s): Proposed vendor should be entered here

· Sequence number(s), if available: Only if applicable

· Was the initial and any subsequent awards competed? ☐ Yes ☐ No B. POTS Sequence number for this requirement:

C. Total estimated dollar value of the requirement (including options, if applicable): $27,000 D. Period of performance, inclusive of options:

E. Project Background:

The Animal Study Proposal and Inventory of Animal Use Database (ASP-IAU) software is required to automate the management of cage cards and animal study protocols (ASP’s), to maintain inventory of animal use, and provide electronic storage. As recommended by the NIAAA IT department, the software will use the NIAAA server.

The OLAS Animal Use Database is being developed and tailored to the needs of the Fishers Lane Animal Center (FLAC). Customized services requested are needed for the continued development of reports and related management of the DICBR Animal Use Database.

F. Description of the supplies or services to be purchased:

This request is for is an upgrade of propriety software that will integrate with a system currently used and is needed for the continued development of reports and related management of the DICBR Animal Use Database. Viva Inform is the only source with the understanding of policies, procedures, and the ability to perform the required work without compromising quality, accuracy, reliability, and schedule.

The software is being developed for the Office of Laboratory Animal Science (OLAS) by VIVA INFORM and is required to automate the management of Animal Study Protocols (ASP’s), for the production of cage cards for animal identification, to maintain inventory of animal use, and for generating reports as required by policy and regulations, and in accordance with NIH Policy Manual 3040-2 – Animal Care and Use in the Intramural Program and the established responsibilities for humane care and use of animals within the intramural program of NIH

III. Identification of the statutory authority permitting other than full and open competition (SELECT ONE) (This section is to be completed by the purchasing agent and/or requestor.

The agent must review the JOFOC and ensure that the narrative is factually based and supports the statutory authority selected. If it cannot be supported, then the product or service must be competed.

☒ 41 USC 253(c)(1) and FAR Part 6.302-1: Only one responsible source Use this for open market or open market Blanket Purchase Agreement purchases. Some examples of the use of this authority include the following:

· Only one vendor sells the product/service required.

· Changing variables in the middle of the project/experiment would compromise the integrity of the outcome. This is the only vendor who sells this specific need.

· Replacement parts must be compatible with existing equipment, and the parts are proprietary to one vendor. This also may be the case when buying interlocking furniture such as cubical walls or a section of a conference table.

· Maintenance or maintenance agreements must be purchased from the original manufacturer or the warranty will not be valid.

☐ 41 USC 501 and FAR Part 8.405-6: Federal Supply Schedule (FSS), limited competition Use this for FSS purchases.

This statutory authority applies in cases when only one FSS vendor sells the required product or services. Do not select both this authority and the authority above.

Important Note: The statutory authorities listed below will rarely ever be used in NIH. Before selecting one of these authorities, please ensure that you have read and understood the citation and discussed it with the cognizant Contracting Officer.

☐ 41 USC 253(c)(2) and FAR Part 6.302-2: Unusual & compelling urgency The agency's need for the supplies or services is of such an unusual and compelling urgency that the government will be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

The FAR specifically states that this authority does not apply to urgency created by lack of advance planning by the requiring activity. It also means that if a procurement is delayed (regardless of who caused the delay), it does not alone qualify as urgent and compelling.

To use this authority, your narrative (part IV) must demonstrate what serious injury the agency (not just your particular office/lab) will incur if we do not purchase the product/service immediately.

Here are some examples of justifications that are not urgent and compelling:

· A staff member did not register for a conference on time. Not only was this a consequence of poor planning, but it would not cause serious injury to the government if the staff member didn’t attend (even if he or she is scheduled to present).

· A lab failed to renew an annual journal subscription on time.

· A building plan failed to account for the appropriate number of sinks in a new building and so is one sink short.

Here are some examples of justifications that may be urgent and compelling:

· The lives or health of patients or animals are in danger.

· A lab needed to purchase a specific piece of equipment. In the process, a vendor who offered the product was going out of business and offered the equipment at $500,000 less if the IC purchased it within the week. The damage to the government is $500,000 (which is significant), and in this case, we would still solicit from as many vendors as possible in that time frame.

The FAR also requires that we solicit from as many potential sources as is practicable under the circumstances. This means that if we can quickly obtain multiple quotes, we must.

☐ 41 USC 253(c)(3) and FAR Part 6.302-3: Industrial mobilization; or engineering, developmental, or research capability; or expert services It is necessary to award the contract to a particular source or sources in order to a) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; b) establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or c) acquire the services of an expert for any current or anticipated litigation or dispute.

This generally does not apply. For example, to make the case that we must maintain a specific research and development capacity requires a significant burden of proof to meet the requirements of this citation.

☐ 41 USC 253(c)(4) and FAR Part 6.302-4: International agreement The terms of a specific international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other than competitive procedures.

☐ 41 USC 253(c)(5) and FAR Part 6.302-5: Authorized or required by statute A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

☐ 41 USC 253(c)(6) and FAR Part 6.302-6: National security The disclosure of the agency's needs will compromise national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

☐ 41 USC 253(c)(7) and FAR Part 6.302-7: Public interest The agency head (The Secretary of HHS) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned and notifies Congress in writing of such determination not less than 30 days before award of the contract.

IV. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited. (This section is to be completed by the requestor.)

A. VIVA INFORM, 815 Ritchie Hwy. Suite 214, Severna Park, MD 21146 B. The requested software is being developed for OLAS by VIVA INFORM. The ASP-IAU software is required to automate the management of cage cards and animal study protocols (ASP’s), to maintain inventory of animal use, and provide electronic storage. As recommended by the NIAAA IT department, the software will use the NIAAA server.

The OLAS Animal Use Database is being developed and tailored to the needs of the Fishers Lane Animal Center (FLAC). Customized services requested are needed for the continued development of reports and related management of the DICBR Animal Use Database.

VIVA INFORM accepted all NIAAA/OLAS requirements for implementation and support of the software.

C. The services being provided by the local vendor VIVA INFORM are unique, therefore competitive bids are unavailable.

VIVA INFORM successfully developed and implemented the Animal Facility Environmental Monitoring (AEFM) software used across NIH.

VIVA INFORM is the only source with the understanding of NIAAA OLAS and NIH policies, procedures, and the ability to perform the required work without compromising quality, accuracy, reliability, and schedule.

V. 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 (provide a narrative describing how the determination was made and the rational for the determination):

(This section is to be completed by the purchasing agent and reviewed by the contracting officer. The contracting officer may require revision before approving the JOFOC.)

Provide a narrative stating the basis for fair and reasonable pricing based on the categories listed in FAR 13.106-3.

VI. 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 my request (for the requestor) and approval (for the CO) of is accurate and complete.

Requestor Certification Dr. Raouf Kechrid

Contracting Officer Approval