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JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA) UNDER $150,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer's Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity. and Proposed Requirement, Justification and Program Office Certification :

A Program Office:

Centers for Disease Control and Prevention NIOSH-Spokane Mining Research Division 315 East Montgomery Avenue, Spokane, WA 99207

B. Contracting Activity:

Centers for Disease Control and Prevention (CDC) Office of Financial Resources (OFR) Acquisition Branch Spokane

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: : Funding for expert consultation on Intelligent Machine Safety Monitoring System, design of guard/gate monitoring system, training and acquisition of consumables (see Statement of Work).

b. Procurement Request (PR) Number (if available): OOOOHCCS-2018-20491

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: SRS Consulting LLC

3. I s the requirement on GSA Schedule? OYes IZI No If yes , provide schedule number: N/A

D . Ju stification:

1. The justification for this non-competitive action is:

2.

cgJ In accordance with FAR 13.106-1(b)(1), "only one source [is] reasonably available" which states that, "For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name."

DUrgency D Exclusive licensing agreements/Proprietary data D Brand name required D Industrial mobilization cgJ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

D In accordance with FAR 8.405-6 "Limiting Sources" which states that, "the only circumstances that may justify the action are - (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delc;1ys; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures."

DUrgency D Only One Source D Logical Follow Up D Brand name required

3. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

Expert consulting services are needed to assist NIOSH research in the area of miner health and safety as it pertains to conveyor systems used in the mining industry.

These services are being contracted as part of an effort to more fully understand the potential for applying new technologies to the needs of stakeholders and to design health and safety research projects to meet those needs. The vendor will participate and fully engage in a collaborative effort with NIOSH researchers, and utilize their knowledge of the mining industry and of machine safety to bring outside vision into the NIOSH research process. The input and participation of subject matter experts at SRS will help expand our research efforts to conduct a variety of laboratory and field studies in western mines that are aimed at developing new ways to improve worker safety. We conducted an internet search for vendors who have a combination of experience that included a track record of industry involvement, expertise regarding conveyor and machine systems in mining, and expertise in creating safety-enhancing products using new technology such as RF-ID and wireless data transmission, along with experience in training mine workers. While many companies were found that fulfill one or two of these requirements, we did not find any companies that had the unique combination of expertise held by the SRS staff.

In particular, Greg Bierie, the CEO of SRS, is an expert in the design of mine conveyors, and has over 30 years of experience developing products aimed at

Rev. 5/15/17 improving worker safety. He has extensive involvement in safety organizations and frequently gives presentations at national meetings regarding conveyor safety.

Based on his leadership at SRS, and his insight into the needs of the mining industry, his team at SRS is highly capable of providing the kind of expert consulting needed within our NIOSH project. The depth of experience and knowledge at SRS make them uniquely capable of providing the expert consulting needed by NIOSH in this area.

SRS has previously assisted with this NIOSH research project as a technology partner and their staff is intimately involved in this work already. SRS has assisted NIOSH to develop multiple partnerships with stakeholders and collaborated with NIOSH researchers to make great progress towards launching an anticipated safety product. As such this is a natural continuation of work already being done jointly by SRS and NIOSH. The substitution of another vendor in place of SRS would be equated to the loss of several years of progress. We would therefore like to sole source this contract to SRS Consulting LLC.

b. What other products/services were considered and why did they not meet the need? Since we did not find other companies with this combination of expertise, we desire to sole-source this contract to SRS Consulting, LLC.

4. Program Office efforts to seek potential offerors:

At the outset of the project, internet searches were conducted and stakeholders were queried, which resulted in identifying SRS as a uniquely qualified provider.

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Arthur L. Miller, COR

Center/Institute/Office COR/Program Official Signature: Certification Date: February 9, 2018 image1.png

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