SSJ_Redacted.pdf

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:

PMRD/NIOSH

Centers for Disease Control and Prevention P.O. Box 18070 62 Cochrans Mill Road Pittsburgh, PA 15236

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch P05

C. Identification of Requirement:

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

a. Sole source acquisition of: Mine Water Treatment control system upgrade

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

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

a. Proposed Vendor: Mon Valley Integration (MVI), LLC

b. Estimated Procurement Amount:

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:

☒ 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)

Rev. 5/14/19

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 ☐ Brand name required

2. Other facts supporting sole source procurement:

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

The Pittsburgh Mining Research Division operates two underground coal mines for research and training purposes. This area naturally collects acidic water from the surroundings. This water is manually treated with lime solution to reduce the acidic nature of the water. This must be done in accordance with state and federal regulations.

Currently, the water is treated manually using a semi-automatic pump system, but the treatment is done manually. The division would like to automate the treatment portion as well so there is less dependance on human intervention. The hardware and software needed to complete this requirement is not off-the-shelf but rather a custom solution for an underground coal mine. The improper installation of automation hardware and software by an unlicensed company will put the safety and health of workers at risk. This work requires a certified underground coal mine electrician and certified Water/Wastewater System Integrator to ensure that chemicals are not released in confined space and electrical connections are permissible in underground coal mines. A search within SAM.gov, GSA eLibrary and third party providers was completed and only MVI was found to have both certifications to complete this work.

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

A search within SAM.gov, GSA eLibrary and third party providers was completed and only MVI was found to have both certifications to complete this work. There are third-party vendors that have underground coal mine electrician certifications and

Rev. 5/14/19 there are third-party vendors that have certified Water/Wastewater System Integrator licenses but only MVI was found to have both. Any vendor without both certifications may put workers at risk if the work is not completely correctly.

3. Program Office efforts to seek potential offerors:

There are no other potential offerors that can integrate an automated mine water treatment control system upgrade due to the required certifications. Since the control system directly affects the water system discharge into the public storm-water run-off basin, any attempt to circumvent the requirements of such a system would increase the risk of safety and health of the public.

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: Ted Klemetti Lead Research General Engineer

Center/Institute/Office COR/Program Official Signature:

Certification Date: April 19, 2024

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.