J&A_SS_REDACTED.pdf

Rev. 1/6/14

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT

(OPEN MARKET OR GSA) UNDER $150,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

The National Institute for Occupational Safety and Health (NIOSH) National Personal Protective Technology Laboratory Building 141 Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

Centers for Disease Control and Prevention Procurement and Grants Office Acquisition Branch Pittsburgh, PA

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: services to evaluate the extent that WV Hospitals and Clinics have adopted occupational fentanyl exposure recommendation outlined in NIOSH’s 2018 guidance.

b. Procurement Request (PR) Number (if available): Click here to enter text.

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: West Virginia Clinical and Translational Science Institute

b. Estimated Procurement Amount: $80,000

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number: Click here to enter text.

D. Justification:

1. The justification for this non-competitive action is: (NOTE: Must select only ONE of the listed justifications for other than full and open competition and fully support the justification in the following paragraphs. Please delete this note prior to submitting the justification.)

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In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

Urgency

Exclusive licensing agreements/Proprietary data

Brand name required

Industrial mobilization

Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

Urgency

Only One Source

Logical Follow Up

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

NIOSH is seeking to administer the survey to an established Practiced-Based Research Network (PBRN) for the purposes of evaluating and translating NIOSH’s guidance on “Preventing Occupational Exposure to Healthcare Personnel in Hospital and Clinic Settings”. West Virginia has the highest rate of fentanyl and other opioid related deaths and WV only has one PBRN which is administered by WVCTSI.

(NOTE: Specify in detail why only the proposed Contractor can perform the service or provide the supplies based on your specific requirement and the selection you made in above.

Example: “ABC Company provides the only unit that spins at the 100 rev/minute necessary to produce specimen. JKL company’s unit is the only one available that heats to the 350 degree temperature required to process specimen,” etc. Or in the case of maintenance: “Original equipment warranty information states that the manufacturer does not ensure performance at original levels if genuine manufacturer parts or manufacturer trained technicians provide service. Original equipment manufacturer will not provide service for equipment that they have not previously maintained.” Please delete this note prior to submitting the justification.)

b. What other products/services were considered and why did they not meet the need?

No other services were considered for this procurement, because there is only one contractor who meets the requirements.

[Provide a list of alternatives available to the government, reasons (technical, cost, etc.) why each is unacceptable except for the alternative selected, and the impact if other alternatives are selected. Example: “ABC company unit did not have the speed/dilution rate/sensitivity, etc. to perform needed operation. JKL corporation unit is 400 pounds and this must be a portable unit for use in the field,” etc. Or in the case of maintenance: “ABC company does not have technicians certified to work on XYZ equipment and uses aftermarket parts rather than XYZ company parts in repair.” Please delete this note prior to submitting the justification.]

3. Program Office efforts to seek potential offerors:

Since NIOSH is seeking the services of an established Practiced-Based Research Network in West Virginia to implement a survey and West Virginia Clinical and Translational Science Institute is the only one, no market research was conducted.

(Provide a description of the market research conducted and the results or a statement of the reason market research was not conducted. Example: “Conducted internet and/or catalog search for instruments meeting the performance parameters of X, Y, and Z.” Or “Conducted internet and/or catalog search for vendors who provide maintenance on XY200 machine, including GSA Advantage website.” Please delete this note prior to submitting the justification.)

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: Jonathan Szalajda

Center/Institute/Office COR/Program Official Signature:

Certification Date: May 22, 2019

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.

Jonathan V.

Szalajda -S

Digitally signed by Jonathan V.

Szalajda -S

Date: 2019.05.22 17:13:01 -04'00'