C04_Over SAT Justification and Approval_1232SA26Q1085_Redacted.pdf
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- Attached to
- Annual Reviews Federal contract opportunity
- Solicitation number
- 1232SA26Q1085
About this file
This is a Justification to Restrict Competition (J&A) document from the U.S. Department of Agriculture for a sole-source contract award. The USDA Agricultural Research Service (ARS), National Agricultural Library (NAL), located at 5601 Sunnyside Avenue, Beltsville, MD 20705, intends to award a firm fixed price contract with a base year and four option years to Annual Reviews, Inc. (UEI: MK95BCEJ8P24, located at 1875 South Grant Street, Suite 700, San Mateo, CA 94402) for immediate, un-embargoed perpetual electronic access to selected Annual Reviews journals for all USDA employees, authorized public on-site users, cooperators, and volunteers. This is a follow-on award to contract 1232SA21P0093. The contract includes perpetual post-cancellation access to all content made available to USDA during the performance period. The estimated cost to the Government was determined to be fair and reasonable based on historical pricing data from the prior contract and an Independent Government Cost Estimate developed by adjusting previous purchase prices 5% for inflation.
The restriction of competition is justified under 41 U.S.C. 1901 and FAR 12.201-1 (Simplified Procedures) because Annual Reviews, Inc. is the sole copyright holder and manufacturer of its publications, making it the only source capable of providing immediate, un-embargoed perpetual access rights to the content. No other vendor can guarantee perpetual access rights to Annual Reviews publications, which is essential to fulfill NAL's mandate to preserve the nation's agricultural literature. While a combined synopsis/solicitation will be posted to accept quotes from any potential sources, the J&A documents that no other source exists that can meet the requirement for complete, immediate, and perpetual electronic access with distribution rights. The document notes that if Annual Reviews publications become available from other vendors with complete, immediate, and perpetual access in the future, full and open competition would be considered for subsequent acquisitions.
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Text version
United States Department of Agriculture Justification to Restrict Competition
Identification Number: 1232SA26Q1085
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.
USDA ARS/AFM/APD
U.S. Department of Agriculture AFM, APD, Acquisition Branch, 5601 Sunnyside Avenue Beltsville, MD, 20705
The United States Department of Agriculture, Agricultural Research Service, National Agricultural Library, 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.
The United States Department of Agriculture (USDA), Agricultural Research Service (ARS), National Agricultural Library (NAL) intends to award a firm fixed price contract with a base and four option years to Annual Reviews, Inc., to provide immediate, un-embargoed perpetual electronic access for all USDA users for selected Annual Reviews journals.
This is a follow on to award 1232SA21P0093
Suggested contractor:
Annual Reviews 1875 South Grant Street, Suite 700 San Mateo, CA 94402
UEI: MK95BCEJ8P24
(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).
NAL requires authenticated un-embargoed perpetual electronic access to the specified Annual Reviews, Inc. journals for use by all USDA employees, authorized public on-site users, cooperators and volunteers working on behalf of USDA and acting within the scope of their relationship with USDA. Access must include perpetual (post-cancellation) access to the content that is made available to USDA during the performance period.
(4) Identify the statutory authority permitting other than full and open competition.
The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 - FAR 12.201-1, Simplified Procedures.
(5) Demonstrate that the proposed contractor's unique qualifications or the nature of the acquisition requires using the authority cited.
Annual Reviews, Inc. is a nonprofit publisher dedicated to synthesizing and integrating knowledge for the progress of science and the benefit of society. Annual Reviews provides researchers, professors, and scientific professionals with a definitive academic resource in more than 45 scientific disciplines. Annual Review articles hold a unique place in the scholarly communication ecosystem because they transfer expert knowledge synthesized from the exponentially expanding corpus of scientific literature to scholars and society. Annual Reviews publications are among the highest cited publications by impact factor according to the Journal Citation Reports® published by Thomson Reuters. Annual Reviews, Inc. is the only vendor that can meet NAL's requirement for immediate, un-embargoed access to Annual Reviews, Inc. journal content with perpetual access rights to the content issued during the period of performance.
Annual Reviews, Inc. is the only copyright holder of its publications and thus is the only source of the perpetual access that NAL requires. No source other than Annual Reviews, Inc. can guarantee perpetual access rights for Annual Reviews, Inc. publications. Having perpetual access rights granted by Annual Reviews, Inc. will give USDA users access in perpetuity to the content for which NAL purchases access and fulfils NAL's mandate to preserve our nation's agricultural literature.
(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.
A combined synopsis/solicitation will be posted accepting quotes from any potential sources that can fulfill the requirement.
(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable based on a thorough comparison of historical pricing data from the prior contract and the development of an Independent Government Cost Estimate (IGCE) based on the price of pervious purchase of Annual Reviews and adjusting 5% for inflation.
(8) A description of the market research conducted, and the results or a statement of the reason
Market Research was not conducted.
NAL staff regularly attend vendor exhibitions, conduct vendor meetings, and monitor industry publications to determine the most cost-effective sources of the information resources it provides. The library patronizes a wide variety of publishers to ensure the broadest possible collection for the least expensive and most accessible resources.
Annual Reviews is the sole manufacturer and seller, as well as copyright holder, of its publications.
According to the Society website: Annual Reviews retains all copyright and intellectual property rights to the digital and print information purchased. Annual Reviews warrants and will ensure that it holds
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