FINAL Contracts Sole Source Justification - BSPD Advanced Training (SIGNED) redacted.pdf

DEPAR TM ENT O F T H E NAVY

HEADQUARTERS

NAVAL CRIMINAL INVESTIGATIVE SERVICE

27130 TELEGRAPH ROAD

QUANTICO VA 22134 - 2253

25 June 2021

SOLE SOURCE JUSTIFICATION DOCUMENTATION

($5,000 to SAT/Open Market)

1. The service or supply listed on N6328521RCA1013 is sole source and competition is precluded for reasons indicated below. There are no substitutes available for this material or service.

2. Restricted to the following source. Provide original manufacturer’s name. (If a sole source manufacturer distributes via dealers, ALSO provide dealer information.)

Manufacturer: Paul Erwin Kish, Forensic Consultant and Associates Manufacturer POC & phone no.: Paul Kish (607) 962-8092 Mfr. Address: Paul Erwin Kish Forensic Consultant & Associates, PO Box 814, Corning, NY 14830

3. Statutory Authority for Permitting Other than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C 2304(c)(2), as implemented by FAR 6.302-1(a)(2)(iii) – Only one responsible source in the case of follow-on for continued provision of highly specialized supplies/services.

4. Identification of the justification rationale. The acquisition is being conducted under the authority of Federal Acquisition Regulation (FAR) 13.106-1(b)(i) Soliciting from a single source. The justification for restricting competition is Market research indicates other vendors’ comparable trainings do not meet, or cannot be modified to meet, the identified advanced training need of the NCIS Office of Forensic Support (OFS). Of the vendors that were initially identified as possibly being able to provide the training needed, a review of their offerings determined the trainings were too short in duration, not sufficiently advanced, or provided by practitioners who had a history of not adhering to scientifically accepted principles of forensic science related to prior court testimony observed.

5. Description of the item or service required, statement that the requested material or service represents the minimum requirements of the government, the estimated cost, and required delivery date or performance period.

The primary scope of this effort is to support the Office of Forensic Science (OFS) training plan for Forensic Consultants (FCs), which includes a requirement for advanced training in bloodstain pattern documentation. The purpose of the training is to provide attendees with the knowledge of how best to document bloodstain patterns in such a manner as to allow for subsequent remote analysis by a qualified bloodstain pattern analyst, as needed. The training should include core skills such as documentation of bloodstains via standard and infrared photography, sampling of bloodstains for laboratory analysis, and recognition of patterns of reconstructive value. Core principles of the Physics/Pattern Interpretation Committee of the Organization of Scientific Area Committees (OSAC) for Forensic Science and the International Association of Identification need to be adhered to in order for the training to be compatible with forthcoming certification requirements for forensic science practitioners, such as OFS FCs. Based upon market research conducted, the estimated cost of a 40 hour hands-on advanced training is between $9,000 and $15,000. The course should be approximately 40 hours in duration, accomplished during FY21.

6. Specific characteristics of the material or service that limit the availability to this/these source(s) (unique features, function of the item, etc.). Describe in detail why only this/these suggested source(s) can furnish the requirements to the exclusion of other sources. Provide a description of the market research conducted among schedule holders and the results OR a statement of the reason market research was not conducted.

NCIS reviewed the websites for the vendors stipulated in the market research document to compare the costs and features associated with training in bloodstain pattern documentation.

When evaluating the training vendors, NCIS considered the training content including documentation of bloodstains via standard and infrared photography, sampling of bloodstains for laboratory analysis, and recognition of patterns of reconstructive value. The course should be approximately 40 hours in duration, to sufficiently include a classroom and hands-on component, as bloodstain documentation is time-consuming and cannot be performed haphazardly.

The International Association of Bloodstain Pattern Analysts (IABPA) website did not offer any recommendations for training. Tri-Tech Forensics offered only a 20-hr course of instruction, deemed to be too basic for OFS’ requirements. Sirchie offered two 40hr blocks of instruction in bloodstain pattern documentation and analysis, but one was too basic for FCs and the other was instructed by a practitioner who is of ill-repute in the field based upon past observation in which his courtroom testimony did not adhere to scientifically accepted principles and best practices associated with this discipline of forensic science. Forensic Technology Center of Excellence offered only webinars. Bevel, Gardner & Associates employs several individuals of questionable principle in the forensic science field.

Paul Kish, Forensic Consultant and Associates, is a vendor known for his experience in the field, perceived fairness with respect to providing an honest analysis prior to consulting on cases, and providing a sound scientific basis for all analyses performed and conclusions rendered. He has the utmost credentials, including 28 years of case and teaching experience.

He is an internationally recognized expert in the field of bloodstain pattern analysis. He has been consulted on homicide cases in 47 States and the District of Columbia, as well as in several other countries. Mr. Kish has been qualified in both military, state, and federal courts of law as an expert in bloodstain pattern analysis and crime scene reconstruction. He has lectured extensively on the subject of bloodstain pattern analysis, including instructing over seventy (70) 40-hour courses on Bloodstain Pattern Analysis. He has authored various articles and textbook chapters on the topic of bloodstain patterns. In 2014 he was appointed the Organization of Scientific Area Committees, (OSAC) Scientific Area Committee (SAC) on Physics/Pattern Evidence, the professional organization which sets the standards for this discipline of forensic science. Receiving instruction, and basing our OFS bloodstain documentation protocols on guidance provided by Mr. Kish, will ensure the utmost opportunity for confidence in our protocols when used by FCs to support both scene investigations and subsequent testimony in the court of law.

7. Other information to support a sole source buy:

N/A

8. TECHNICAL OR REQUIREMENTS CERTIFICATION:

I Certify That The Facts And Representations Under My Cognizance Which Are Included In This Justification, Which Form A Basis For This Justification, Are Complete And Accurate.

9. TECHNICAL COGNIZANCE

Name: Erin Michaels Title: Supervisory Special Agent Code: 2GFQ

Signature: Date: 25Jun2021

Type text here

10. CONTRACTING OFFICER

Name:

Kristin Gomez

Signature: Date: 25 June 2021