FAR 6.3_JOFOC Robert Harrison_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 Dr. Robert Jay Harrison, 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 in the area 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. Robert Harrison joined University of California San Francisco (UCSF) in 1984. He founded and directed UCSF Occupational Health Services for more than 15 years, and now is a senior attending physician. He has diagnosed and treated thousands of patients with work- and environmental-induced diseases and injuries. He also directs the worker tracking and investigation program for the California Department of Public Health.

Dr. Harrison received his B.A. from the University of Rochester and his M.D. from the Albert Einstein College of Medicine. He is board certified in both internal medicine and occupational medicine. He has served on the California Occupational Safety and Health Administration (Cal/OSHA) Standards Board and authored numerous publications in the area of occupational medicine. He is a clinical professor of medicine at UCSF.

Dr. Robert Harrison has diagnosed and treated thousands of work and environmental injuries and illnesses. He has designed and implemented numerous medical monitoring programs for workplace exposures, and has consulted widely with employers, health care professionals, and labor organizations on the prevention of work-related injuries and illnesses.

Dr. Harrison has led many work and environmental investigations of disease outbreaks. He has served as a technical and scientific consultant to Federal OSHA and CDC/NIOSH, and was a member of the California Occupational Safety and Health Standards Board.

Dr. Harrison is a trusted expert in the field of Public Health. Dr. Harrison is fully qualified to serve as a neutral expert by designing and conducting a study on the subject of “line speed in young chicken slaughter establishments” for a pending litigation.

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.

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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.

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

Robert Jay Harrison, 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.

FSIS will not take action(s) 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