J A FedBizOpps Notice for HHSN268201100065C.pdf

Justification for Other than Full and Open Competition

“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, NIH, NCRR

b. Sponsoring organization. NIH/National Center for Research Resources/Division of Comparative Medicine

c. Project Officer information

• Project Officer name. Harold L. Watson

• Mailing address. 6701 Democracy Blvd. Room 944, Bethesda, MD 20892

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

• Telephone number. 301-435-0884

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

a. Acquisition purpose and objectives. The National Center for Research Resources (NCRR) of the National Institutes of Health (NIH) requires a Contractor to operate and maintain a chimpanzee facility called the Alamogordo Primate Facility (APF) located on the Holloman Air Force Base (HAFB) in Alamogordo, New Mexico. These animals have special needs for care and housing due to infective status.

b. Project background. The facilities and animal care and use program of the Alamogordo Primate Facility (APF) have been managed by the Charles River Laboratories, Inc. (CR) for the past 10 years under NIH/NHLBI Contract number N02-RR-1-2079. This contract will expire on September 29, 2011.

While maintenance of the chimpanzees is required, no research is allowed to be conducted using these animals. The current agreement between the National Institutes of Health (NIH) and the U.S. Air Force (USAF) prescribes that no invasive research shall be conducted on the chimpanzees currently held at the APF. In the event a decision is made to include any of these chimpanzees in new or on-going research, the animals will be permanently transported off-base and cannot be returned.

During the past ten years of contract performance, it has become apparent that the need for this contract is less optimal for financial and research purposes. Therefore, there was no intent to renew the contract upon expiration, but rather to transfer the animals to other facilities.

However, the transfer of animals has been postponed due to a recent, unforeseen NIH request to the National Academies of Science (NAS) to perform a study on the continued need for chimpanzees in research. The fate of the APF animals will be determined based on the outcome of this study, which is not planned for completion until the first quarter of Calendar Year 2012. This has created a situation in which the animals cannot be transferred to new facilities until the completion of the NAS study, resulting in the need to keep the animals at APF until at least 2012 and possibly longer pending the study results. Chimpanzee care and maintenance is uniquely challenging; the current contractor, Charles River Laboratories, is the only contractor that can maintain the animals at APF within the required timeframe because of the unique experience they possess from performing the current contract for the past 10 years.

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

a. Project title. Operation and Maintenance of a Chimpanzee Facility

b. Project description. A Statement of Work (SOW) is attached in lieu of providing a project description.

• 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 x 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): __________ X 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. NHLBI-CSB-(RR)-2011-

264-KJM

c. Total estimated dollar value and performance/delivery period. The total estimated dollar value of the acquisition is $3M for a 9-month base period, $4.2M for the first option year, and $4.4M for the second option year. The total, if all options are exercised, is $11.6M. The periods of performance are as follows: Base Period: 9/30/11-6/30/12, Option Year 1: 7/1/12-6/30/13, and Option Year 2: 7/1/13-6/30/14.

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. Name and address of the proposed contractor(s). Charles River Laboratories, 251 Ballardville St, Wilmington, MA.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). The National Institutes of Health is the only entity in the country that supports populations of research chimpanzees. This animal model is unique among all nonhuman primates in its physiology, which is very similar to human. Chimpanzees have unique requirements to maintain physical and psychological health and there are only five facilities in the US that have the capabilities to maintain these animals:

APF, operated by Charles River Laboratories, is one of these facilities.

The other four facilities, all supported by and overseen by NIH/NCRR, are fully occupied and have no room for additional chimpanzees. The veterinary care staff and technical staff at these facilities require very specific and time consuming training. In fact, the only veterinarians with the necessary training and experience to manage research chimpanzee colonies are currently employed by one of the five NCRR supported facilities. The Charles River staff at APF already has these qualifications and is also familiar with the animals in the colony, which is very important for the psychological health of the animals, and is positioned to provide specialized care when needed. There is no other potential contractor that can develop the expertise to perform the required tasks in such a short period of time. It would require one to two years at minimum to develop the expertise necessary to take over the maintenance of this colony, and the type of training required to develop that expertise could only be obtained at one of the NCRR supported chimpanzee resources. It is not likely that another organization could find veterinarians with nonhuman primate experience and highly unlikely to find veterinarians with the required chimpanzee experience.

There is no alternative to using the current contractor and the current facilities. Maintaining a healthy colony of research chimpanzees can only be performed by staff that have been trained and have worked within one of the NCRR facilities; there are no other facilities that perform this function and can house these large animals.

The APF is located on a military base, Holloman Air Force Base. The contractor has developed a relationship with this base and the employees are accustomed to interacting with the military personnel and adhering to the requirements of working on a military base. A new contractor would need several months to develop these capabilities. Facilities similar to those located on the base do not exist elsewhere and it would be cost and time prohibitive to duplicate such facilities.

Due to the controversial nature of past research conducted using these chimpanzees, various campaigns have resulted in reporters, members of the public, and federal and state politicians requesting tours of the facility or, at a minimum, in-person or telephone interviews. The current contractor has a team that is experienced in effectively dealing with these situations and working cooperatively with NIH in resolving them. Again, it would be time and cost prohibitive to have another contractor acquire this specialized expertise.

This chimpanzee population may also be greatly impacted by legislation pending in Congress (The Great Ape Protection and Cost Savings Act) and the contractor is knowledgeable regarding this potential impact.

Decisions on the ultimate disposition of the animals housed at APF will be made within the next few months and preparations for potential transfer of the animals need to begin as early as possible. A new contractor would need a period to learn how to work with the animals and to understand the behavioral characteristics of the different social groups; successful and humane transfer of chimpanzees depends on minimizing disruption of their social structure. All chimpanzee colonies have a professional behaviorist as part of the care staff whose primary function is to minimize stress in the colony. A new contractor would need to understand how to interact with other potential recipient facilities and how to prepare animal transfers. This transfer of animals would be significantly delayed while a new contractor and staff were trained by the current contractor in how to deal with the colony in this regard.

A change in the organization that performs this contract may cause undue stress to the chimpanzee colony. NIH is ethically obligated to avoid unnecessary disruption in animal care routines that could lead to stress in the animal colony. Therefore, based on the unique expertise and experience of the current contractor as described above, they are the only organization that can effectively perform this requirement within the necessary timeframe.

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.

Per FAR Subpart 5.2, a presolicitation notice was posted, in FedBizOpps, notifying potential sources of our intention to acquire the services of Charles River Laboratories, on a sole source basis. The notice was posted on August 2, 2011 and closed at 3:30 p.m., on August 16, 2011. No expressions of interest, in this acquisition, were submitted.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The NIH is the only entity that funds research chimpanzee resources and is uniquely positioned to determine the optimum and necessary cost of such a resource. The current contract has been performed by Charles River Labs for the last 10 years, so there is adequate cost history on which to compare the proposed contract amount. Based on FAR 15.403-4, certified cost or pricing data will be obtained from the proposed Contractor and it is anticipated that a cost analysis will be performed to evaluate the reasonableness of individual cost elements. An audit will not be performed since there is 10 years of historical data for this acquisition.

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.

A sources sought notice was published in FedBizOpps on July 15, 2011, with a closing date of July 29, 2011. Four (4) capability statements were received by the July 29, 2011 expiration date of the notice. Capability statements were received from Chimp Haven, Sobran, Inc., North American Primate Sanctuary Alliance and Charles River Laboratories. A review of these statements was conducted by multiple NCRR Program staff. It was determined that three (Chimp Haven, Sobran, Inc. and North American Primate Sanctuary Alliance) of the four companies do not have the capability of performing this requirement. Charles River Laboratories (the current Contractor) was determined to have the necessary capabilities to perform this requirement.

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

As stated in Section 8 above, the market research conducted revealed that the organizations who submitted capability statements were not capable of performing the requirement. However, even if an organization was found capable, there would be unacceptable delays in performance if this requirement were competed because of the time necessary for a new Contractor to get up to speed. In addition, a change in Contractor staff may cause undue stress to the chimpanzee colony. Please see Section 5 above for more details.

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

• North American Primate Sanctuary Alliance

• Chimp Haven, Inc., Keithville, LA

• SoBran, Inc., Burtonsville, MD

• Charles River Laboratories, Inc. Burlington, MA

The above four (4) companies submitted capability statements in response to the sources sought notice. All capability statements were reviewed by experts in the Division of Comparative Medicine, NCRR. Based on the findings from the reviewers, it was determined that three (3) of the companies (North American Primate Sanctuary Alliance, Chimp Haven, and SoBran, Inc.) do not have the capability of performing the Statement of Work related to this requirement. It was determined that Charles River Laboratories does have the capability of performing the requirements of the SOW. NCRR’s review of these capability statements was provided to the NHLBI Office of Acquisitions in writing (see attached memorandum from the Project Officer, dated August 1, 2011).

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. There are no future plans to acquire the same type of service by future acquisitions.

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 Dr. Harold L. Watson

Health Scientist Administrator, NCRR

Project Officer’s

Immediate Supervisor

Dr. Franziska Grieder, Director, Division of Comparative Medicine, NCRR

Head of the Sponsoring

Program Office

Dr. Franziska Grieder, Director, Div. of Comp.

Med., NCRR

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

Joanna B. Magginas

Chief, COAC Services Branch, OA, NHLBI

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

John C. Taylor

Director, Office of Acquisitions, NHLBI

Head of the Contracting

Activity

Diane Frasier

Director, OALM

15. Competition Advocate signature.

Official Name & Title Signature Date

Competition Advocate

Dr. Richard G. Wyatt