Datasembly JOFOC_6_5_2023_signed.pdf

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TMPLT 2016.06-011

Justification for Other than Full and Open Competition

1. Identification of the agency and contracting activity:

a. Federal agency and contracting activity.

FDA/OC/OFPR

b. Sponsoring organization.

Office of Food Policy and Response

c. Contracting Officer’s Representative (COR)/Requiring Activity Point of Contact (POC) information.

i. Name: Sara Marrie

ii. Mailing address: FDA 10903 New Hampshire Avenue, Silver Spring, MD 20993

iii. E-mail address: sara.marrie@fda.hhs.gov

iv. Telephone number: 301-796-2567

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

The FDA Office of Food Policy and Response (OFPR) coordinates the oversight of food related outbreak responses, tracebacks, recalls, and communication to stakeholders involving threats to human health. Since February 2022, FDA has been working with federal partners to address a critical shortage of infant formula due to the voluntary shutdown of Abbott Nutrition’s Sturgis facility and voluntary recall of Abbott infant formula produced at the Sturgis facility.

a. Acquisition purpose and objectives.

The purpose of this acquisition is to continue to monitor and analyze the status of infant formula supply chain impacts and respond to White House and other federal partner requests. OFPR is requesting Datasembly, Inc. to provide a weekly file export that contains out-of-stock information for all Infant Formula products for each store for the banners for which out-of-stock data is collected. This purchase is critical to monitoring the status of the infant formula supply by integrating and speeding the analysis of complex and varied data sources and helping track the impact of efforts to increase product availability.

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b. Project background.

Office of Food Policy and Response (OFPR) coordinates the oversight of food related outbreak responses, tracebacks, recalls, and communication to stakeholders involving threats to human health. In order to better monitor the infant formula shortage crisis in a continued form, multiple data sets must be purchased as each commercial data vendor provides unique data insights.

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

To continue to manage risks most effectively to the U.S. food supply chain during this infant formula shortage crisis, a data subscription to measure weekly out-of-stock information for all Infant Formula products is critical. This will be delivered by sending a weekly data extract via upload to an SFTP site.

a. Project title.

Infant Formula Shortage – Supply Chain – Datasembly

b. Project Description.

See Statement of Work description.

Requirement type.

☐ Research & Development (R&D)

☐ R&D support services

☐ Support services (non-R&D)

☐ Supplies/equipment

☒ Information Technology (IT)

☐ Construction

☐ Architect-Engineer (A&E) services

☐ Design-build

☒ Other: Data Subscription

Type of action.

☒ New requirement

☒ Follow-on

☐ Other: [Specify]

Proposed contract/order type.

☒ Firm-fixed-price

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☐ Other fixed-price: [Specify, e.g., fixed-price award-fee, fixed-price incentive-fee]

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement: [Specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee]

☐ Time and materials

☐ Indefinite delivery: [Specify whether indefinite quantity, definite quantity, or requirements]

☐ Other: [Specify]

☐ Completion Form

☐ Term Form

Acquisition identification number.

ALP OC-2023-119218 and REQ 1268202

c. Total estimated dollar value and performance/delivery period.

$350,000.00 – POP is July 1, 2023, through June 30, 2024

4. Identification of the statutory authority permitting other than full and open competition. Check the applicable block below based on the acquisition circumstance.

Federal Acquisition Regulation (FAR):

☒ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

☐ 6.302-2 Unusual and compelling urgency. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

☐ 6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4).

☐ 6.302-5 Authorized or required by statute. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).

☐ 6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).

☐ 6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7).

https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim

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☐ 13.501(a)(1)(ii) Sole source, including brand name, under Simplified Procedures for Certain Commercial Items. This acquisition is using this justification format, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

Datasembly, Inc.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

Datasembly is the only provider that collects +14 billion rows of data per week from over 130k stores from 230 banners across North America, including private label product detail. Competitive benefits unique to Datasembly include:

• Established data product in market

• Collects 250+ infant formula UPCs at 25,000 locations over 39 banner stores

• No restrictions on data sharing

• Localized - Retail store level data

• Includes online, local delivery, and in store availability

• Weekly (or better) data collection frequency.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

This acquisition is conducted under the authority of FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Based on the nature (and urgency) of this requirement, the total cost will be most advantageous to the government. The Contracting Officer will use appropriate and available information to review proposed prices and determine that they are fair and reasonable, and such documentation shall be included in the contract file. The contracting officer will review the offerors’ published commercial price, including prices list on various government-wide acquisition vehicles and other sites, such as pricing data contained in the GSA Acquisition Gateway Pricing Portal. The Contracting Officer will also request other cost data, and explanations regarding market conditions, from the offeror, in the event that offerors submit prices that exceed published commercial prices. Other information that may be used includes Independent Government Cost Estimates (IGCE), historical information, contractor’s invoice payments and commercial pricing that have been determined to be fair and reasonable.

https://www.acquisition.gov/far/html/Subpart%2013_5.html https://www.acquisition.gov/far/html/Subpart%2013_5.html http://uscode.house.gov/view.xhtml?req=(title:41%20section:1901%20edition:prelim) http://uscode.house.gov/view.xhtml?req=(title:41%20section:1903%20edition:prelim) https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/far/html/Subpart%205_2.html https://www.acquisition.gov/far/html/Subpart%206_3.html http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2304c&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&edition=prelim

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8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

The market research conducted online, through previous contracting history and on Datasembly’s website produced the following finding: Datasembly uniquely offers hyper-local data on infant formula product assortment (out-of-stock rates) at the zip code level on a weekly or even more frequent basis. This data is the most granular and because the data is collected from publicly available sources, the most transparent available from multiple commercial sales data providers, covering private label and name brands at the UPC level at over 25,000 locations and over 39 banner stores.

Datasembly obtains accurate, high-quality structured data, resolving the challenge of collecting and processing disparate and heterogenous assortment information. Datasembly efficiently and accurately collects and provides quality assortment data where it had never been practical or possible before, including online, local delivery, and in-store availability. There is no reseller for this data set.

FDA needs multiple data sets due to the complexity of the infant formula shortage; we cannot rely on a single source as each data source has unique data insights.

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

The decision to move forward and extract a weekly file export that contains out-of-stock information for all Infant Formula products for each store for the banners for which out-of-stock data is collected is required to help understand Infant Formula shortages. Acquiring Datasembly data directly streamlines the acquisition of this retailer data and provides fair and reasonable pricing to the government.

There cannot be a lapse in data exports. The current award expires June 30, 2023. A new award must be in place so there is a seamless transition of data exports. Competing requirements considering the urgency and critical nature of this requirement would result in unacceptable time delays in fulfilling the agency's urgent needs in addressing the nationwide infant formula shortage. It would jeopardize the public health mission in a way that would result in unacceptable risks to the health of the general public in the United States. Delays in award of critical contracts would result in serious injury, financial or other, to the Government due to the unacceptable jeopardy that would be posed to the health of the general public.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

None, this is an immediate, urgent requirement as the current datasets will expire June 30, 2023.

However, FDA/OFPR is engaged in ongoing market research to scan industry and identify capabilities that exist within market that may satisfy the organization’s future requirements.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s https://www.acquisition.gov/?q=browse/far/10

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Signature:____________________________________

Sara Marrie COR/Requiring Activity POC

June 7, 2023

Ginger Prather Management Services Officer

June 7, 2023

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

[Enter name here.] Contracting Officer

[Enter date here.]

14. Competition Advocate signature.

Competition Advocate

15. Division Director and Head of the Contracting Activity signature(s).

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Division Director

Head of the Contracting Activity

16. HHS Senior Procurement Executive signature.

HHS Senior Procurement Executive