FAR 6.3_JOFOC David Rempel_Redacted.pdf

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United States Department of Agriculture Justification for Other than Full and Open Competition

Commercial Supplies/Services Exceeding $7.5 Million, and Non-Commercial Supplies/Services Exceeding the Simplified Acquisition Threshold

FAR 6.3

Control No.: Version No. One

Dated: 1 August 2022

1. Identification of the agency and the contracting activity.

United States Department of Agriculture’s Food Safety and Inspection Service

2. The nature and/or description of the action being approved.

The USDA’s Food Safety and Inspection Service proposes to enter into a contract on a basis other than full and open competition, and negotiate a sole source, firm fixed-price contract with David Rempel, M.D., M.P.H.

The contractor will assist FSIS in assessing the relationship between slaughter line speed in young chicken and swine slaughter establishments and the scope, magnitude, and factors that influence worker safety and health risks for establishment employees working on the slaughter line. This should include the impact of acute and cumulative work-related musculoskeletal disorders and antimicrobial-related respiratory diseases specifically related to slaughter line speed. The overall purpose of this consultation is to provide specialized knowledge and expertise in workplace safety and health, and to advise FSIS regarding the development and implementation of guidance and regulatory frameworks to identify collateral effects, including the risk of worker injuries and illnesses, related to slaughter line speeds.

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

FSIS requires contracting support to design and conduct a study of possible collateral health effects of increased poultry slaughter line speeds, including ergonomic hazards in the workplace, measurement of biomechanical risk factors for acute and cumulative work-related musculoskeletal disorders, epidemiology, and ergonomics research. The study will be used as neutral, expert neutral opinion for a pending litigation.

4. The statutory authority permitting other than full and open competition.

The following circumstance provides the justification for other than full and open competition under FAR 6.302-3(a)(2)(iii):

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“To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Dr. Rempel is Professor Emeritus in the Department of Bioengineering and Faculty in the Ergonomics Laboratory at UC Berkeley; as well as, Professor Emeritus in the Department of Medicine at UC San Francisco.

His research focuses on hand biomechanics and the design of tools and work tasks in order to improve productivity and the quality of work while preventing hand and upper body fatigue and injury. The lab has developed and tested new keyboards, mice, tablets, pipettors, and agricultural and construction tools. The lab primarily receives funding from the NIH but also conducts research with industry partners such as Herman-Miller, Microsoft, Intel, Hewlett-Packard, and Apple. Recently, Rempel directed a national study of 4321 workers to identify risks factors for carpal tunnel and tendonitis. He also treats patients at UC Berkeley.

Dr. Rempel is Board Certified in internal medicine and occupational medicine and is a Certified Professional Ergonomist. He is a Fellow in the American College of Physicians and the Human Factors and Ergonomics Society. Rempel serves on the National Research Council’s Board on Human Systems Integration. He also will also continue to serve on the American Conference of Governmental Industrial Hygienists (ACGIH) Physical Agents Committee and the American College of Occupational and Environmental Medicine (ACOEM) Clinical Practice Guidelines Committee.

6. Description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

FSIS has researched the qualifications of many Occupational Health professionals but not have identified any “willing” individuals to meet the Government’s requirements within the required timelines. If any additional professionals are identified, FSIS will conduct further market research to determine if they possess the skill necessary to meet the Government’s requirements.

7. Description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

FSIS has reviewed the qualifications of many Occupational Health professionals and have identified a limited amount of professionals that were qualified to serve as natural, expert witness. FSIS has reviewed University Professionals, GSA Schdules, internal and external GWACs.

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

There are no additional facts supporting the use of other than full and open competition.

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9. Listing of the sources, if any, that expressed a written interest in the acquisition.

David Rempel, M.D., M.P.H.

10. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

There are no action(s) required to remove barriers to competition as the requirement is not reoccurring and the qualifications to meet this requirement in the future as based solely on the requests of the Court in the pending litigation.

11. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine if the cost to the Government will be fair and reasonable by analyzing pricing information provided by the offeror in accordance with FAR 15.404.

Certifications & Approvals

☒ The information provided for this justification has been reviewed and certified accurate and complete by (Insert Name), Program/Technical Personnel.

Contracting Officer (not exceeding $750,000). I have reviewed this justification and certify it to be accurate and complete to the best of my knowledge and belief.

☒ Approved.

☐ Reviewed and forwarding to the Procuring Activity Advocate (MASCO or Delegate).

George D. Baptist III Contracting Officer