A13_Just_Sole_Source_Print_Redacted.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA)

UNDER $250,000

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:

US DHHS/PHS/CDC/NIOSH

Office of Mine Safety and Health Research Division of Mining Science and Technology 626 Cochrans Mill Rd, Bldg. 01 Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch Click here to enter text.

C. Identification of Requirement:

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

a. Sole source acquisition of: The National Research Council is the principal research unit of the National Academies of Sciences, Engineering, and Medicine. The National Research Council includes the Committee on Earth Resources (CER). The studies that are conducted by this committee provide guidance and direction for virtually all mining organizations including the NIOSH Office of Mine Safety and Health Research (OMSHR). The work of this committee is jointly funded by a variety of public and private organizations and the topics examined are determined by stakeholder input, importance to the needs of the Nation and relevance to the industry. The action to be approved is for NIOSH support of the work on the CER.

b. Procurement Request (PR) Number (if available): HCCR1-2024-

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

a. Proposed Vendor: The National Research Council is the principal research unit of the National Academies of Sciences, Engineering, and Medicine, Committee on Earth Resources, Accounting Office, ATTN: Cash Management Section, 500 Fifth Street, NW, Room T433C, Washington, DC 20001

b. Estimated Procurement Amount:

Rev. 5/14/19

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number: Click here to enter text.

Justification:

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

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.”

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

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 delays; (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.”

Urgency Only One Source Logical Follow Up Brand name required

2. Other facts supporting sole source procurement:

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

The Committee is composed of senior-level experts from industry, academia and public institutions and provide a unique blend of talent for addressing concerns that are of importance to NIOSH. The Committee is the only organization with this unique blend of talent and a focused mission for addressing important issues related to mineral and energy resources.

b. What other products/services were considered and why did they not meet the need?

N/A

3. Program Office efforts to seek potential offerors:

Rev. 5/14/19