Redacted SSJ SAM.pdf

Rev. 10/15/18

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $250,000

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:

Center for Disease Control and Prevention National Institute for Occupational Safety and Health Spokane Mining Research Division Branch: Miner Safety Address: 315 E. Montgomery Ave., Spokane, WA 99207 Project Officer: Sean Warren

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Acquisition Services (OAS) Acquisition Branch Procurement and Grants Office 2920 Brandywine Road Atlanta, GA 30341

C. Identification of Requirement:

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

a. 4 suites of synthetic rocks (concrete) for rockfall testing in support of the Highwall Safety project, Specific Aim 1: Improve/develop rockfall catch bench design guidelines.

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

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

a. Proposed Vendor: Modern Concrete Inc.

1. Procurement Amount: $

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number:

D. Justification:

1. The justification for this non-competitive action is

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, unique or highly specialized capabilities or product features, 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?

These synthetic rock suites are required for rockfall testing in support of the Highwall Safety Project, Specific Aim 1. The proposal states that synthetic (and natural) rocks will be used in rockfall testing to test the catch bench performance index of different bench configurations to build an imperial database, analysis, and eventually develop guidelines for catchment design. Synthetic rocks are used because they are reproducible and sending the same suite of rocks down different slope configurations allows the slope configuration properties to be isolated from rock properties. The various shapes and sizes of synthetic rocks are intended to simulate various natural rock sizes and shapes to investigate the influence of rock properties on catch bench performance Concrete is the material of choice because its material properties are similar to natural “hard” rock with a compressive strength of 5000 psi and unit weight of 150 lbs/cubic ft.

Due to the location of the mine site used for testing of rockfall properties, there is only one source available. Because of the vendor's proximity to the test site, we have used them in the past to provide these samples and they have been able to meet all specifications. Due to the location as well as the ability to ensure the consistency of the samples, we would require the proposed vendor to create additional samples using the same methods as before. This will ensure data collected using these samples is scientifically accurate and consistent throughout all studies.

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

The project Principal investigator contacted several concrete casting companies in Spokane, WA and was unable to find one with these items in stock or capable of providing the necessary amount needed for the project. Companies contacted included Spilker Precast, and Spokane Precast. At the time the rockfall testing was taking place near Spokane WA, hence reaching out to local precast companies. The Highwall project team ended up producing the rocks in-house for that limited testing.

However as discussed below, the testing has moved to Elko, NV 650 miles away from Spokane.

Rockfall testing will be conducted in at various mines in northeastern NV near Elko.

These synthetic rocks are logistically challenging to move with one suite weighing close to 15,000 lbs and a total of 4 weighing almost 60,000 lbs. Modern Concrete is the only precast company located in or near Elko, Nevada significantly reducing any distance the rocks need to be moved. Even if the Highwall project team could produce the rocks, the logistics required to transport the rocks includes 4 round trips from Spokane, WA to Elko NV which would be 5,232 miles for 2 trucks and trailers hauling 15,000 lbs of cargo each trip. This represents an unreasonable use of SMRD resources and safety risks associated with transportation.

Modern Concrete is located near the area needed to conduct rockfall testing and is the only company in the region with these items in stock and capable of providing the necessary amount for the project. Hence they are the only reasonable selection for procurement source for the required synthetic rocks. Additionally, materials need to be consistent to ensure that the research results are also consistent.

3. Program Office efforts to seek potential offerors:

Efforts to seek potential offerors have included Spilker Precast and Spokane Precast in Spokane, WA, however, the testing has moved to Elko, NV and these vendors are no longer viable options. Modern Concrete is the only precast company in the region. It is not feasible for the Highwall project team to produce the quantity of synthetic rocks required for the project objectives.

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.

NIOSH/SMRD Project Officer Name: David Koski

NIOSH/SMRD Project Officer Signature:

X

Certification Date: May 31, 2022

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:

Contracting Officer Signature:

Certification Date: