A09 Elsevier Inc - FAR 6.302 Justification for Other Than Full Open Competition 01172024FE -signed.pdf

United States Department of Agriculture Justification for Other than Full and Open Competition

Federal Acquisition Regulation (FAR) Part 6.3 Control No. (if applicable) AP-FNS-24-0020

1. Identification of the agency and the contracting activity.

The USDA, Food Nutrition Service (FNS), Contract Management Division seeks to award a sole source contract for the Supplemental Nutrition and Safety Program (SNAS) in the Food Safety and Nutrition Division (FSND) under FAR Part 6.302-1. Only one responsible source and no other suppliers will satisfy the agency requirements.

2. The nature and/or description of the action being approved.

The USDA-FNS proposes to enter into a contract on a basis other than full and open competition and negotiate a sole source, firm fixed price with Elsevier Inc. Elsevier Inc. is the only publishing company for the three main Academic Nutrition Journals (Journal of Nutrition Education and Behavior; Journal of Nutrition; Journal of Academy of Nutrition and Dietetics).

FNS intends to award a contract to Elsevier Inc. to publish a Special Issue Supplement of the Journal of Nutrition Education and Behavior (JNEB) on the impacts of the WIC program to mark its 50th year anniversary. This publication will highlight the contribution of the WIC program, often referred to as a premier public health program in the USA, its role in the delivery of nutrition services, and its impacts on nutrition and health among low-income communities. As part of its mission to improve the health of nutritionally at-risk women, infants and children, the WIC program continues to provide evidence-based supplemental nutritious foods, nutrition education, breastfeeding promotion and support and referrals to other health and social services based on individual needs. Therefore, this publication of the special issue in the Journal of Nutrition Education and Behavior is timely to reflect on the progress and achievements of the past 50 years to pave the path for the future of the WIC program.

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

The procurement requires the contractor, Elsevier Inc. to publish a special supplement on the impacts of the WIC program over the past 50 years. The contractor shall provide the complete description of a call for papers as well as carryout and oversee the peer review process to select evidence-based articles to include in the supplement. Selected articles will focus on the impacts and effectiveness of the WIC program on nutrition and health of WIC participants and, if applicable to the USA population at large. FNS will contribute to the supplement publication by contributing a historical perspective article that highlights key milestones and changes of the WIC nutrition services delivery and partnerships. FNS and the Journal of Nutrition Education and Behavior will mutually agree upon on the selection of an expert guest editor. The editor along with management at the Journal of Nutrition Education and Behavior will send a call for papers to all nutrition and public health researchers through their network channels as well as nutrition education practitioner whose work focuses on low-income families, especially WIC participants. All submitted papers will be subject to peer review by an expert panel based on the Journal guidance to ensure that contents are evidence based and scientifically valid. Suggested topics to explore in this special supplement are (but not limited to):

• Perspective on the WIC program nutrition services and changes since the program inception, written by FNS staff.

• Improved dietary and health outcomes associated with participation in WIC.

• Impacts of the WIC Program on prenatal care utilization.

• Impacts of the WIC Program on birth outcomes and infant mortality among WIC participants.

• Impacts of the WIC nutrition services on overall behavior change of program participants.

WIC program contribution to nutrition security of program participants.

• WIC program contribution to healthcare cost savings in protecting or improving the health/nutritional status of low-income women, infants and children.

• Improvements in childhood immunization rates and establishing a regular source of medical care for WIC participants.

The value of this procurement shall not exceed $250,000.

4. The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

This acquisition is conducted under the authority of 41U.S.C §3304(a)(1). Use of noncompetitive procedures. An executive agency may use procedures other than competitive procedures only when the property or services needed by the agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 6.302-1(b)(2) states, “The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source,” may justify the use of this authority. Since the JNEB is solely published and managed by Elsevier Inc. and no other publisher exists for this Journal, a sole source contract is justified. The JNEB previously published other special supplement journals that highlights the importance of the WIC program.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Elsevier Inc. is the only publishing company for the three main Academic Nutrition Journals (Journal of Nutrition Education and Behavior; Journal of Nutrition; Journal of Academy of Nutrition and Dietetics). The three journals were considered for publication, however, the JNEB focuses more on nutrition education and behavior publications that are closely aligned with the WIC program. This journal publishes research articles, program reports and general educational material research that focus on the WIC program participants or other related articles on nutrition education and behavior that are of interest to the WIC program.

The Journal of Nutrition Education and Behavior (JNEB), the official journal of the Society for Nutrition Education and Behavior, peer-reviewed, scientific periodical that serves as a global resource for all professionals with an interest in nutrition education; nutrition and physical activity behavior theories interpretations and intervention outcomes; epidemiology of nutrition and health;

food systems and food safety education; food assistance programs; nutrition and behavior assessment; nutrition-related economics; and public health nutrition. JNEB also focuses on strategies to implement nutrition education, such as policy, systems, and environmental approaches or technological advances (Aims and Scope: Journal of Nutrition Education and Behavior (jneb.org)

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

Elsevier Inc. provided pricing for special issue publication in the three main nutrition journals. The cost is based on the number of articles that are accepted through peer reviewed process. Elsevier Inc. will provide online-only publication with open access as well as a limited number of printed journal supplements for FNS records.

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

Market research was conducted to determine price and realistic cost. There are two other nutrition journals published by Elsevier, but their focus is not on nutrition education. Cost are as follows:

$5000/per article with a supplement base fee of $15,000 for the Journal of Nutrition and $3740/per article with a supplement base fee of $37,750 for the Journal of Academy of Nutrition and Dietetics.

JNEB cost is $2840/per article and the supplement base fee of $16,350. In addition to cost comparison, JNEB publishes peer reviewed articles that mainly focused on nutrition education and evaluation, reports and other general educational materials that are of interest to the WIC program and other USDA programs such as the Expanded Food and Nutrition Education Program (EFNEP) or SNAP-ed related articles. JNEB is the 23rd ranked nutrition journal in the United States (Journal Rankings on Nutrition and Dietetics (scimagojr.com). Other nutrition journals focus on other aspects of nutrition, such as nutritional science, biochemistry and clinical related nutrition research.

https://www.jneb.org/content/aims https://www.scimagojr.com/journalrank.php?country=US&category=2916 https://www.scimagojr.com/journalrank.php?country=US&category=2916

9. Any other facts supporting the use of other than full and open competition.

No other relevant facts or information. Elsevier Inc. is the only publisher for the three main academic journals of nutrition and nutrition education.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

No additional sources that expressed interest in the acquisition

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

No other statement of actions.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Pascasie Adedze

Pascasie Adedze, Program Analyst Supplemental Nutrition and Safety Program (SNAS)

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Chantey Bost Contracting Officer

CHANTEY BOST Digitally signed by CHANTEY BOST Date: 2024.01.24 18:21:20 -05'00'