IP1001D - JOFOC Form posting.pdf

Consumer Product Safety Commission Revised: 5/06/19 Office of Procurement Services Reviewed/Current 5/06/19

Form F1001A - Justification for Other than Full and Open Competition

1. Requisition number and title: CPS-2114-20-0015 Infant Biomechanics and Suffocation Research and Consultancy Services IDIQ

2. Description of the Supplies and Services Required:

CPSC requires contractor support for expert witness services and research related to infant biomechanics and consumer products related to infants. CPSC requires an Indefinite- Delivery/Indefinite Quantity contract to support requirements for expert witness services and research on an on-going basis.

3. Period of Performance: _One year from date of award, with 4 option years._____

4. Estimated Value (to include options) : _REDACTED__

5. Description of effort made to ensure that offers are solicited from as many potential sources as practical:

CPSC staff conducted extensive market research and interviews to identify potential sources with experience and education in infant biomechanics and consumer products involving infants. Dr. Mannen from Boise State University was determined to have the unique combination of qualifications, expertise, and experience that are most relevant to CPSC’s requirements. In particular, her experience in measuring and analyzing infant movement and forces when those infants are using consumer products is unique and to staff’s knowledge, one-of-a-kind.

6. Reason for Other Than Full and Open Competition (check one):

__X____ a. Only one responsible source and no other supplies or services will satisfy agency requirements. In section 7, justify why only the selected source and no other can meet the government’s need. Past performance and industry reputation do not explain why only one source can meet the government’s need.

______ b. Only a particular Brand Name item can meet the Government’s need. In section 7, justify why only the particular brand of item and no others can meet the government’s needs.

______ c. Unusual and compelling urgency. In section 7, justify why the event could not have reasonably been planned for and why the Government would be seriously injured if sources are not limited.

______ d. Industrial mobilization; engineering, developmental, or research capability; or expert services. In section 7, justify one of the following:

i. Why a contract must be awarded to maintain a facility, producer, manufacturer, supplier, or service provider in case of a national emergency;

ii. Why CPSC needs to maintain essential research and development capability;

or

iii. Why CPSC needs to acquire services of an expert or neutral person for any current or anticipated litigation or dispute.

______ e. International agreement. In section 7, please provide the name of the International

Agreement.

______ f. Authorized or required by statute. In section 7, please provide the name and/or citation of the Statute. FAR 6.302-5(b) provides a list of the most frequently cited statutes.

______ g. National security.

______ h. Public interest (must be approved by Chairman).

7. Justification for sole source (not competing the requirements):

Dr. Mannen has the unique set of experience and expertise in infant biomechanics, a team within the university including pediatricians and pediatric pulmonologists, and in testing young infants.

She has recently completed groundbreaking research involving young infants (2-5 month) who were tested in inclined surfaces. Dr. Mannen has developed unique test methods and test equipment to monitor and record infant movement, muscle activity and oxygen saturation while testing infants. She has established safety protocols to end testing before the infant is distressed.

Safely testing infants is a very specialized field of study and requires experienced researchers, technicians, medical staff and safety oversight. These are capabilities unique to Dr. Mannen’s team at Boise State University.

The objectives of the current contract are well-aligned with Dr. Mannen’s research and experience. Dr. Mannen possesses a unique combination of education and experience in the area of infant biomechanics that are pertinent to staff’s questions. During the contract work for the Office of Compliance, Dr. Mannen created representative test surfaces and refined the methodology and data collection techniques to test infants. She gathered a unique team of experts within Boise State University.

That work and associated equipment and test fixtures already generated for the previous contract provide an excellent starting point for Dr. Mannen to effectively and efficiently perform the task orders in the subject IDIQ. A new contractor other than Dr. Mannen to perform the Infant Biomechanics and Suffocation Research and Consultancy Services IDIQ would require the duplication and re-development of test methods, test equipment and safety protocols at a substantial cost to the government which will not be recovered through competition. In addition, Dr. Mannen is currently the only researcher to support CPSC in litigation against inclined sleep manufacturers due to her recent research on this topic.

8. Insert contractor name, address and telephone number:

Erin Mannen, Ph.D.

Mechanical & Biomedical Engineering Department College of Engineering Boise State University 1910 University Drive ME-2085, Boise, ID 83725-2085

9. Contracting Officer’s Representative (COR): ___Celestine Kish_____________________

10. Originating Office/AED: _______ Engineering Sciences/ Mark Kumagai____________

CERTIFICATION – This form and all supporting data are complete and accurate:

Signature of COR Date

CONCURRENCE:

Signature of AED/Office Director Date

CERTIFICATION AND DETERMINATION (to be completed by Contracting Officer)

Comments:

Authority: FAR 6.302-__1__ and 41 U.S.C. 253(_1_ ), basis: _Only one source is capable_

Contracting Officer Date

ADDITIONAL APPROVALS (as required):

Competition Advocate (greater than $700,000.00, but not over $13 million) Date

Senior Procurement Executive ($13 million or more) Date