A13 - SSJ 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:

NIOSH/HELD/ PERB

1095 Willowdale Road Mail Stop: L-2027 Morgantown, WV 26505 Click here to enter text.

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch #5

C. Identification of Requirement:

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

a. Sole source acquisition of: Procurement of Pilot Testing of Ergonomic Devices in Patient Handling Tasks from Michigan Technological University

b. Procurement Request (PR) Number (if available): HCCCE-2024-85119

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

a. Proposed Vendor: Dr. Steven Elmer, Department of Kinesiology and Integrative

Physiology, Michigan Technological University, Student Development Complex 121B, 1400 Townsend Drive, Houghton, MI 49931

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number

Rev. 5/14/19

D. 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?

As described in the statement of work, the vendor’s service, “Pilot Testing of Ergonomic Devices in Patient Handling Tasks”, is important to assist in planning and advancing the NIOSH ongoing NORA-funded main project. The vendor has a well-equipped testing facility that meets all the requirements for conducting the experiments. This also includes access to a nursing program capable of supplying a sufficient number of nursing assistants or students to serve as test subjects. They have solid background and education in biomechanics and ergonomics, especially evaluating effects of ergonomic interventions using biomechanical assessments. More importantly, their strong expertise and research experience in kinesiology and physiology, enabling them to effectively interpret human performance and evaluation results. A critical aspect of assessing the impact of ergonomic interventions is the measurement of metabolic expenditure, a parameter for which the vendor has demonstrated exceptional proficiency in developing specialized test protocols.

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

Upon literature and online search, a laboratory at Northern Illinois University, is found to potentially be capable of conducting the requested test. However, the laboratory primarily specializes in biomechanical assessments, such as kinematics and muscle activity, and lacks experience in metabolic expenditure measurements. While biomechanical metrics are valuable, our interest extends to exploring measures related to metabolic expenditure. The reduction in metabolic cost is regarded as the gold standard in the development of exoskeletons and other ergonomic interventions.

Therefore, the alternative laboratory is not suitable for our research needs.

3. Program Office efforts to seek potential offerors:

Following thorough internet searches and a comprehensive review of the literature, no other vendors with the specialized facilities and expertise required for the specified tasks were identified. The selected vendor stands out with several top-tier publications, as outlined in the Statement of Work. Compared to any potential alternatives, this vendor uniquely possesses both the specialized facilities and the extensive knowledge and experience necessary to deliver the requested service effectively.

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.

CIO Project Officer Name: Liying Zheng

CIO Project Officer Signature:

Approval Date: Click here to enter a date.

Program Management Officer: Justin Johnson, Program Management Officer, HELD

Signature:

Approval Date: Click here to enter a date.

Liying Zheng -S Digitally signed by Liying Zheng -S Date: 2024.04.04 21:04:16 -04'00'

Justin S. Johnson -S Digitally signed by Justin S. Johnson -S Date: 2024.04.08 11:00:38 -04'00'

Certification Date: Click here to enter a date.

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.