JOFOC Redacted_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: 14 November 2023

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. Fredric Gerr, M.D., University of Iowa.

The contractor will assist the 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. The contractor will interview plant workers to collect information regarding musculoskeletal symptoms, clinical diagnoses and treatments planned or administered. In addition, company practices regarding the availability and allocation of modified work to accommodate injured workers is also of interest. The contractor will also provide supervision of the second medical staff member of the site visit team. 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.

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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):

“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. Fredric Gerr received his Doctor of Medicine from the State University of New York School of Medicine and his B.A. in Chemistry from Clark University. Dr. Gerr is board certified in internal medicine and occupational medicine.

Dr. Gerr has extensive experience and knowledge of the Epidemiology of work-related upper-extremity musculoskeletal disorders; occupational and environmental exposure to neurotoxicants;

health effects of office work; diagnosis, treatment, and prevention of bioaerosol-related health effects;

clinical occupational medicine; occupational epidemiology. From 1986 to present Dr. Gerr has served as subject matter expert on numerous health and safety consultations and is currently the subject matter expert with the U.S. Department of Labor, Occupational Safety and Health Administration on work-related musculoskeletal disorders.

Dr. Gerr’s expertise in the occupational health and medicine arena opened the door to teaching opportunities as well as residency training opportunities. Dr. Gerr taught Occupational Health Practice and Clinical Occupational Medicine at the Rollins School of Public Health, Emory University from 1991-2001. And serve as the Associate Director of the Occupational and Environmental Medicine Residency Program from 1992-1997 and the Director of the Occupational and Environmental Medicine Program from 1997-2002.

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.

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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.

Fredric Gerr, M.D., Emeritus Professor of Occupational and Environmental Health, Internal Medicine and Epidemiology.

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 Governemnt will be fair and reasonable by analysising pricing information provided by the offeror in accordance with FAR 15.404.

Certifications & Approvals

Contracting Officer 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).

Contracting Officer