A05_12319826C5007 Justification to Restrict Competition_FE.pdf

United States Department of Agriculture Justification to Restrict Competition

Identification Number:

Rev. 11/6/2025

In accordance with the Revolutionary Federal Acquisition Regulation (FAR) 12.102 (b), the following justification documents the decision to restrict competition for this acquisition.

(1) Mission Area and Contracting Activity.

The United States Department of Agriculture, Food and Nutrition Administration, Office of Evidence, Analysis, and Regulatory Affairs, proposes to enter into a contract on a basis other than full and open competition.

(2) Nature and/or description of the action being approved.

This Firm Fixed Price FFP standalone contract is awarded by the U.S. Department of Agriculture USDA, Food and Nutrition Administration FNA, to obtain contractor support for conducting the third comprehensive scientific review of the WIC Food Packages, as required under Section 17 of the Child Nutrition Act of 1966.

The contractor is:

National Academy of Sciences 500 Fifth Street NW Washington DC 20001-2736

UEI: PKFJZHG2MLG9

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The contractor shall evaluate the nutritional needs and dietary patterns of WIC eligible populations;

review all relevant nutrition science; convene an expert committee; conduct public forums and open meetings; perform dietary, nutrient, and modeling analyses; and produce both an Interim Scientific Progress Report and a Final Scientific Review Report recommending updates to all WIC food packages. All work shall be performed in accordance with the objectives, phases, research questions, and tasks outlined in the Statement of Work. Delivery: 09/30/2026 Period of Performance: 10/01/2026 to 09/30/2030

CLIN DESCRIPTION Total Price

CLIN 0001 0001 Phase I including Kick-Off Meeting, Quarterly Progress Report, Public Forums and Open Meetings, Report, Consultants, Sub agreement, Labor, Meeting Expense, Tech Rate and Indirect

Direct Labor $683,422

Overhead $379,573

Overhead Cost of Money $40,127

Travel $57,389

Technology/Communication $73,778

Meeting Expense $18,272

Other Direct Costs $29,100

General and Administrative Costs $238,545

G&A Cost of Money $14,412

Sub-agreements/Flow-Thru $54,000

Subagrmt. /Flow-thru Admin. $1,676

Total $1,590,293

CLIN 0002 0002 Phase 2 including Quarterly Progress Reports, Public Forums and Open Meetings, Report, Consultant, Sub agreement, Labor, Meeting Expense, Tech Rate, Briefings, Webinar, and Indirect

Direct Labor $933,434

Overhead $518,429

Overhead Cost of Money $54,807

Travel $108,959

Reports $34,300

Technology/Communication $94,939

Meeting Expense $26,640

Other Direct Costs $76,308

General and Administrative Costs $344,681

G&A Cost of Money $22,685

Sub agreements/Flow-Thru $93,000

Subagrmt./Flow-thru Admin. $2,886

Total $2,309,707

CLIN 0003 (Option) 0003 Phase 2 including, Consultant, Labor, Tech Rate, and Indirect

Direct Labor $86,700

Overhead $48,153

Overhead Cost of Money $5,901

Technology/Communication $10,900

Other Direct Costs $16,200

General and Administrative Costs $31,079

G&A Cost of Money $1,878

Total $200,000

Grand Total Price $4,100,000

(4) Identify the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is AGAR 406.103-70, Othewise Authorized by Law.

The U.S. Department of Agriculture (USDA) intends to award a sole-source procurement in accordance with Federal Acquisition Regulation (FAR) Subpart 6.302-5 Authorized or required by statute. This Notice of Intent is not a request for competitive quotes. The Government has determined that only one source is able to meet the technical requirements necessary for this procurement.

In accordance with FAR Part 5, the Government is publicizing this Notice of Intent to ensure transparency and allow interested parties an opportunity to respond. Any capability statements received will be evaluated solely for the purpose of determining whether a competitive procurement is appropriate. If no responses are received that demonstrate an ability to meet the Government’s requirements, USDA will proceed with a sole-source award as permitted under FAR and AGAR.

(5) Demonstrate that the proposed contractor's unique qualifications or the nature of the acquisition requires using the authority cited.

The statutory authority permitting other than full and open competition applies because the National Academy of Sciences (NAS) possesses unique qualifications established explicitly by Congressional Charter and reinforced by Executive Order 12832, which recognize NAS as the only entity capable of providing the level of scientific expertise, independence, objectivity, and national credibility required for this acquisition.

NAS is a federally chartered, non-profit institution created to serve as an independent scientific advisor to the U.S. Government. Its ability to convene the nation’s top experts—who serve without compensation ensures unparalleled access to authoritative scientific knowledge and unbiased recommendations. No other organization holds this statutory mandate or has the same capacity to assemble multidisciplinary experts with comparable neutrality and national acceptance.

The nature of this requirement necessitates independent, nationally recognized, and unbiased scientific deliberation, which only NAS can provide. Its chartered role, historical credibility, and legally recognized independence make NAS uniquely positioned to meet the Government’s needs.

Accordingly, the use of the statutory authority under FAR 6.302-5, as implemented by AGAR 406.103-70, is required because competition would not yield another source capable of fulfilling these congressionally mandated attributes.

(6) Provide a description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

To ensure maximum practicable consideration of potential sources, the Government prepared and publicized a Notice of Intent to award a sole-source procurement to the National Academy of Sciences (NAS) in accordance with FAR Part 5. The notice was posted to the Governmentwide Point of Entry (SAM.gov) and stated that the Government intended to solicit and negotiate with only one responsible source under the authority of FAR 6.302-5, as implemented by AGAR 406.103-70, due to NAS’s unique statutory qualifications. The notice invited all interested parties to submit a capability statement demonstrating their ability to meet the Government’s requirements.

Responses to the Notice:

No responses were received that demonstrated the capability to satisfy the Government’s requirements. If any respondents expressed general interest, none provided evidence of possessing the statutory mandate, independence, scientific authority, or nationally recognized expert convening capability required for this acquisition. These core attributes are unique to NAS under its Congressional Charter; therefore, any respondent not identified as a viable source was excluded on the basis that they could not legally or technically fulfill the requirements of the proposed contract.

Use of Synopsis:

Because a Notice of Intent was posted publicly, the action complies with FAR 5.201 and FAR 5.203, and no exception under FAR 5.202 is required. If the agency elects not to synopsize the action, the applicable exception would be FAR 5.202(a)(4), which permits non-synopsis when a statute expressly authorizes or requires that the procurement be made from a specified source. This exception aligns with the statutory authority at FAR 6.302-5; however, the Government elected to publish a Notice of Intent to ensure transparency and afford industry the opportunity to respond.

Other Sources:

Aside from NAS, no other sources have demonstrated the required statutory authority or technical capability. NAS is the only organization authorized by Congressional Charter and Executive Order to provide impartial, nationally recognized scientific advisory services at this level. As such, any entity that responded or might respond would be unable to meet the requirement because the core qualifications, legal mandate, independence, and expert convening authority, cannot be replicated or competed.

Summary:

The Government took all appropriate steps to identify potential sources by publicizing the intended sole-source action. No alternative sources capable of meeting the Government’s statutory and technical requirements were identified. Therefore, the proposed sole-source procurement to NAS is justified under FAR 6.302-5 and AGAR 406.103-70.

(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the anticipated cost to the Government is fair and reasonable based on a review of historical pricing data from prior National Academy of Sciences (NAS) engagements, which demonstrate a consistent and predictable cost structure due to NAS’s nonprofit status and statutory prohibition on earning profit or fee. This historical information provides a reliable baseline for evaluating the current requirement.

In addition to prior-year actuals, the Government reviewed the NICRA (Negotiated Indirect Cost Rate Agreement) developed and approved by the Department of the Interior for NAS, which establishes the allowable indirect cost rates applicable to NAS as a federally chartered nonprofit organization. The NICRA provides an authoritative, externally validated basis for confirming the appropriateness of NAS’s indirect rates and ensures that all proposed indirect cost elements are reasonable, allocable, and compliant with federal cost principles.

The Independent Government Cost Estimate (IGCE) was developed using this combination of historical workload, prior obligation data rates. The resulting estimate closely aligns with the anticipated pricing for the requirement, further supporting the determination of cost reasonableness.

To ensure the final contract price remains fair and reasonable, the Contracting Officer conducted a detailed cost review comparing proposed costs against historical expenditures, the IGCE, and the approved NICRA, and verified that all elements comply with applicable cost principles and statutory limitations.

(8) A description of the market research conducted, and the results or a statement of the reason Market Research was not conducted.

Because this acquisition is conducted under the statutory authority of FAR 6.302-5, Authorized or Required by Statute, as implemented by AGAR 406.103-70, a traditional market survey or sources-sought effort was not appropriate. This authority applies when a specific source is mandated or uniquely authorized by statute, which in this case is the National Academy of Sciences (NAS) under its Congressional Charter and Executive Order 12832.

As part of the market research review, the Government examined the acquisition history for similar scientific advisory efforts previously performed by NAS. Historical analysis confirms that NAS has consistently been the only organization legally and structurally capable of providing the independent, impartial, and nationally recognized scientific expertise required for this type of work.

No other commercial, academic, or nonprofit entity possesses the statutory mandate, expert convening authority, or recognized independence needed to fulfill this requirement.

Although a comprehensive market survey was not conducted due to the statutory nature of the requirement, the Government did take steps to ensure transparency by preparing a public Notice of Intent on SAM.gov. This notice allowed interested parties to submit capability statements. No responses were received that demonstrated the ability to meet the Government’s statutory and technical requirements. Any parties expressing general interest lacked the legally mandated characteristics, independence, congressional authorization, and national expert convening authority, required for this work.

Based on the statutory restrictions, the acquisition history, and the results of the public Notice of Intent, the Government has a high level of confidence that no other qualified sources exist.

Therefore, conducting additional market research or issuing a sources-sought notice would not have produced viable alternatives and would not be appropriate under FAR 10.002(b)(2)(iii) for a statutory sole-source requirement.

(9) Any other facts supporting use of other than full and open competition, such as:

The Child Nutrition Act directs the Secretary to, at least every 10 years, conduct a scientific review of the WIC food packages and amend the supplemental foods available, as necessary, to reflect nutrition science, public health concerns, and cultural eating patterns. Two such reviews have taken place, the first beginning in 2003 and published in 2006. The most recent review began in 2014 and was published in 2017. FNS procured each of these reviews through the National Academies of Science, Engineering and Medicine’s (NASEM) Food and Nutrition Board, a committee with a proven track record for preparing these types of in-depth reviews and recommendations. This study, beginning in 2026, will provide a comprehensive scientific review, updating and expanding upon the previous two reports. The review will fulfill the statutory requirement to review the WIC food packages: 42 U.S. Code § 1786(f)(11)(C) and is necessary to inform the next revisions of the WIC food packages with the latest nutrition science, including a special focus on key nutrients of concern. Similar to the earlier NASEM reviews, the Agency and the program benefit from enlisting an independent external committee approach leveraging a wide range of outside expertise for the scientific review, consistent with the President’s Gold Standard Science directive. (Findings are then used as input into policy decisions on updated standards via rulemaking.)

Committees are composed of the nation’s top scientists, doctors, engineers, and other experts, all of whom volunteer their time to study specific concerns. Nominees for membership of committees at the Academy are subjected to rigorous procedures for appointments. These procedures ensure the selection of the most qualified scientists who represent a broad range of views and who, as a group, represent the spectrum of scientific thought in a subject area. The Academy’s unique status was confirmed by President George H. W. Bush in Executive Order 12832 (January 19, 1993), which specifically recognizes the Academy’s unique qualifications and the appropriateness of sole source awards to the Academy: “When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department’s or agency’s program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.”

These unique qualifications were further confirmed by the General Accounting Office in Moshman Associates (B-216107), which upheld the Department of Education’s sole source justification for an award to the Academy. The Comptroller General agreed that only the Academy could “provide a combination of the highest caliber of scientific expertise, independence, impartiality, credibility, and audience acceptance.” The GAO specifically relied on the Academy’s special independent status as a nonprofit organization, congressionally chartered for the purpose of conducting studies for the government, noting that the Academy historically has enjoyed a high degree of credibility, that its scientific expertise and resources are of the highest caliber, and that it is a “distinguished and respected body.”

(10) A listing of the sources, if any, that expressed an interest in the acquisition in writing.

No sources expressed interest in writing in response to the Government’s Notice of Intent or any other outreach associated with this acquisition. No written inquiries, capability statements, or expressions of interest were received from any entity other than the proposed sole-source contractor. As a result, there are no additional sources to list for this section.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

Although this acquisition is being conducted under the statutory authority of FAR 6.302-5, the agency remains committed to promoting competition to the maximum extent practicable for any future requirements. To support this objective, the agency will take several actions designed to reduce or eliminate barriers to competition where feasible.

First, the agency will continue conducting periodic market research to monitor whether alternative entities emerge with the necessary scientific independence, national credibility, and expert convening authority required for these types of studies. While the National Academy of Sciences currently holds a unique statutory mandate, the agency will evaluate whether any future legislative or organizational changes within the scientific community could broaden the pool of eligible sources.

Second, the agency will review and refine its statements of work, performance requirements, and technical descriptions to identify any areas where reliance on congressionally mandated entities may be reduced. Where appropriate, the agency will explore developing more modular or component-based requirements that could allow portions of the work, such as research support activities, data analysis tasks, or administrative functions, to be competed separately among qualified commercial or nonprofit organizations.

Third, the agency will engage in outreach with the broader scientific and research community, including federal advisory committees, academic institutions, and professional associations, to assess whether other organizations are developing capabilities that may support more competitive acquisitions in the future. This engagement may include informational meetings, industry communication days, or publication of Requests for Information (RFIs) when appropriate.

Finally, the agency will evaluate opportunities to collect and maintain government-owned data, research frameworks, and study methodologies that would lessen dependence on any one source. By increasing government-retained knowledge and documenting standardized approaches, future requirements may be structured in a way that allows more vendors to compete for at least portions of the work.

Together, these actions demonstrate the agency’s commitment to exploring avenues for increased competition, even when the present acquisition appropriately relies on a statutory sole-source authority.

(12) Certifications & Approvals

Technical / Requirements Personnel Certification I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Name Date Title

Contracting Officer’s Certification I certify that the data supporting the recommended use of other than full and open competition accurate and complete to the best of my knowledge and belief.

Name Date Contracting Officer

Additional Reviews & Approvals

Competition Advocate (greater than $900,000 but not exceeding $20M).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification. If required, my approval constitutes clearance for submission to the Head of the Contracting Activity (HCA).

Name of Chief of the Contracting Office (COCO) Date Competition Advocate