STRmix_J&A_Redacted.pdf

Control No: Control # Gordon 2019-16

Contractor: Nichevision Forensics, LLC

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERICAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: NicheVision STRmix software annual upgrades (70 licenses).

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $625,000.00

Version – March 2017 FOR OFFICIAL USE ONLY

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: MICC–Fort Gordon; 271 Heritage Park Lane, BLDG. 35200, FT Gordon GA 30905-5719

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Name of Proposed Contractor(s): NICHEVISION FORENSICS, LLC Street Address: 526 S. Main Street, Suite 714G Akron, OH 44311 City, State, Zip: 330-252-2711 Phone: NICHEVISION FORENSICS, LLC

3. Description of Services or Supplies:

a. The Defense Forensic Science Center (DFSC) requires the sole source purchase of NicheVision

STRmix software annual upgrades (70 licenses) for a base period and four option years.

b. The total estimated dollar value of the proposed action is: $625,000.00 Base Year: 1 Oct 2019-30 Sep 2020: $125,000.00 OY1: 1 Oct 2020-30 Sep 2021: $125,000.00 OY2: 1 Oct 2021-30 Sep 2022: $125,000.00 OY3: 1 Oct 2022-30 Sep 2023: $125,000.00 OY4: 1 Oct 2023-30 Sep 2024: $125,000.00

4. Authority: 10 USC 2304, 41 U.S.C. 1901, FAR 13.5 (a)(2)-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reasons for Authority Cited:

a. The Defense Forensic Science Center (DFSC) located at the Gillem Enclave in Georgia, provides forensic laboratory services to the Department of Defense investigative agencies and other Federal law enforcement agencies. ESR STRmix is employed by the US Army Criminal Investigation Laboratory for the DNA forensic examinations of evidence supporting criminal sexual assault cases, and by the Forensic Exploitation Directorate supporting contingency operations at the Gillem Enclave in Forest Park, Georgia.

Both laboratories require the STRmix support and maintenance services to support forensic laboratory accreditation compliance of installed STRmix software. (ISO 17025 ANSI-ASQ National Accreditation Board).

Version – March 2017 FOR OFFICIAL USE ONLY

b. The STRmix software utilizes a fully continuous interpretation model utilizing Markov-Chain Monte Carlo based sampling and a mathematical biological model to provided weighted genotype combinations for single source and mixture DNA profiles. The STRmix software also provides a likelihood ratio (LR) for each locus and the overall profile. DFSC has successfully used the STRmix software for DNA interpretation and statistics for a few years now and will continue to do so for reporting and courtroom testimony. As such, it is imperative that we have a maintenance contract for technical support and for software updates. The ability to receive the latest version of the software and to remotely reach back to the developers for inquiries is critical to the successful operation of the STRmix software in DFSC DNA casework.

c. NiceVision Forensics LLC is the sole U.S. distributor of this ESR brand software and has provided a vendor sole source letter. As the software code for the STRmix software is proprietary to ESR (Institute of Environmental Science and Research LTD), it would not be possible for another vendor to have access to the code to correct any issues

d. Impact.

1) Without a working software program, DNA casework at DFSC would cease to be completed as the former method of interpreting mixtures and calculating statistics was replaced by the STRmix software.

2) Award of this contract to any third party vendor will result in repair technicians attempting services without accurate or complete technical manuals, maintenance procedures, and access to proprietary software application updates required for this maintaining and calibrating this equipment to manufacturer standards, as required by ISO standards.

3) Failure to award this contract will negatively impact the USACIL and FXD maintaining status as an accredited laboratory.

6. Actions to Increase Competition: DFSC research scientists are continually researching sources of information and services to enable forensic examiners to conduct effective and reliable examinations.

Market research consists of internet research, literature reviews, discussions with vendors, and other professional resources attending forensic science and technical conferences and industry events. If DFSC identifies a similar requirement, every effort will be made to compete it to the maximum extent possible.

A notice was publicized on FedBizOpps are required by FAR 5.201 on 05 September 2019. To date no firms have expressed an interest in this procurement effort. To increase competition the MICC-Fort Gordon will continue to synopsize and conduct market research to ensure there are no other vendors that can provide the requirement. The Government will issue a sole source synopsis and address any responses accordingly.

7. Market Research: Extensive research was conducted (Internet searches, telephonic communications, forensic conference exhibits, electronic communications, and literature searches) to determine the availability of manufacturer authorized STRmix software maintenance and repair services. No alternative vendor including from the GSA Schedule, or the open market is available to provide this service. No other company offers the sale in the U.S. of manufacturer certified warranty maintenance of the proprietary STRmix software. Only the NicheVision Forensics LLC solution was found. The vendor has provided a sole source letter. The Government will issue a sole source synopsis and address any responses accordingly.

Version – March 2017 FOR OFFICIAL USE ONLY

8. Technical / Requirements Certification: I certify that the supporting data under my cognizance, which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

9. Fair and Reasonable Cost Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price reasonableness will be determined based on market research, negotiation, and comparison with the Government estimate.

10. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

X Trina Wadley Contracting Officer

11. Review (over $150K): I have reviewed this justification and find it legally sufficient.

Legal Counsel