6303 SoleSource.determination.memo final.docx

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

ODHS Office of Contracts & Procurement

Estimated total contract value: $91,770.00

Description of goods or services:

Nutrition Matters tear sheets titled “Iron Foods for Moms and Kids” in both English and Spanish, Item numbers CS841CT and CS841CTs.

1. Background: This sole source justification applies to the purchase of:

The Oregon Health Authority (OHA), Public Health Division (PHD), Nutrition and Health Screening (WIC) Program seeks to promote healthy eating habits among participants and support caseload growth through this project. The purchased tear sheet will be provided at no cost to eligible WIC participants during quarterly nutrition appointments or classes conducted by local WIC staff. This material will supply low-income pregnant and postpartum women with guidance, ideas, and nutritional information to help them prepare iron-rich, WIC-approved foods for their infants and children up to five years of age.

2. Prospective contractor/vendor:

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

Agency reserves the right to purchase additional goods, services to include on-call maintenance, preventative maintenance, repair (unless available on DAS price agreement), or training.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

Market Research – Iron-Rich Food Tear Sheet

1. Background The WIC Program identified a need for a dedicated iron-rich food tear sheet to support nutrition education for pregnant and postpartum women, infants, and young children. Iron deficiency remains a key public health concern, and WIC requires materials that highlight iron-rich foods included in the WIC food package.

2. Market Research Approach The objective was to determine whether any suppliers other than Nutrition Matters offer a tear sheet specifically focused on iron-rich, WIC-approved foods. A review was conducted of nutrition education vendors serving public health, early childhood, and community nutrition programs with publicly available nutrition education materials, including state-developed handouts, commercial health education vendors, and public health nutrition suppliers. Sources reviewed included:

· Nutrition Matters, including their iron-rich tear sheet, which offers WIC-specific content and exclusive distribution rights

· University of Rhode Island SNAP-Ed bilingual iron handout (general audience, not WIC-aligned)

· New Jersey WIC’s state-produced iron education pamphlet (state-created, not vendor-produced)

· Visuals “Iron for Strong, Healthy Blood” poster and handout (general, designed for schools/WIC but not tied to WIC food package requirements)

· Well-Resourced Dietitian iron handout (general consumer education, not WIC-focused)

· Nutrition Education Store nutrition materials (public health education vendor; no iron-rich WIC-specific tear sheet identified).

3. Market Findings The review indicates that Nutrition Matters is the only vendor offering an iron-rich food tear sheet developed for WIC participants. The sheet includes WIC-approved iron-rich foods such as beans, lentils, fortified cereals, lean meats, and dark leafy greens, and provides practical meal ideas and culturally responsive guidance suitable for low-literacy audiences.

Materials are authored by Registered Dietitian Nutritionists with extensive experience serving WIC and Head Start families. No other vendors were found to offer comparable WIC-specific content, expertise, or alignment with WIC food package requirements.

4. Vendor Comparison Chart – Iron-Rich Food Pamphlet

5. Conclusion Market research confirms that Nutrition Matters is the only vendor providing an iron-rich food tear sheet that meets WIC Program requirements. No other supplier offers comparable content aligned with WIC food packages, participant literacy needs, or program nutrition priorities. Nutrition Matters’ specialization and exclusive distribution support a sole-source determination for this tear sheet.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

|X| Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

Supporting documentation:

Nutrition Matters is the sole producer, printer, distributor and copyright owner of all its nutrition education materials and has provided a written statement confirming that it is the sole source of these materials. Pursuant to ORS 279B.075 (2)(a), Nutrition Matters’ educational materials—available in both English and Spanish—are uniquely developed for and specifically targeted to WIC participants. This nutrition education tear sheet that WIC is purchasing is only distributed by Nutrition Matters.

or |_| Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

or |_| Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or |_| Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247-0691 by completing Attachment 1.