IRI_Modification JOFOC.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. Currently, FDA, along with CDC and state and local partners, are investigating four consumer complaints of infant illness related to powdered infant formula. These complaints include three reports of Cronobacter sakazakii infections and one report of Salmonella Newport infection in infants. All four cases related to these complaints were hospitalized and Cronobacter may have contributed to a death in one case. Base contract was awarded for 3 months period of performance.

There is an urgent need to continue the performance for one year.

a. Acquisition purpose and objectives.

The purpose of this acquisition is to monitor and analyze the status of infant formula supply chain impacts and respond to White House requests on the outbreak, OFPR is requesting Information Resources, Inc. (IRI) to provide real-time prescriptive and predictive analytics to better monitor the infant formula shortage crisis . A data subscription for Self Service Platform leveraging IRI’s Daily Manufacturer Out-Of-Stock Tracking and Weekly Sales Data is critical. This purchase will provide 3

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This requirement is to purchase critically needed data sets to help understand and monitor infant formula supply chain impacts and product recalls and delays.

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, data sets must be purchased.

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

To manage risks most effectively to the U.S. food supply chain during this infant formula shortage crisis, a data subscription to measure Weekly & Daily Out of Stock Reporting is critical. This will be delivered via Portal/Dashboard Data Subscription (with excel export capabilities).

a. Project title.

Infant Formula Shortage – Supply Chain

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

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☐ Follow-on

☐ Other: [Specify]

Proposed contract/order type.

☒ Firm-fixed-price

☐ 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.

N/A

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

Total amount including base plus modification is $210,500. Base POP is July 1, 2022 through September 30, 2022. MOD is to extend POP - September 30, 2022 through September 29, 2023.

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).

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

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☐ 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).

☐ 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).

Information Resources, Inc. (IRI)

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

IRI was the first to market in providing an out of stock view, leveraging daily, store level data scans, across many of the nation's largest retailers.

IRI's unique, comprehensive data assets, leveraging both daily and weekly updates, across pre-defined, syndicated categories, allows us to provide the most comprehensive, accurate, and timely out of stock measurement solution, available to the industry.

IRI’s data is used widely in the industry by both manufacturers and retailers to spot outages and work on rectifying them. Competitive benefits unique to include:

• Most timely offering to the industry, 3-day lag for the daily out of stock model.

• Most granular offering - down to the individual UPC, with aggregate totals available as well.

• Most accurate offering - also track product movement and based our algorithms on actual sales in a particular store to derive in-stock conditions (vs. simply web scraping).

• Most comprehensive offering - new items are added daily as soon as we have enough history to start tracking the In Stock measure. IRI is able to do this quickly as they receive the actual daily sales data from the retailers.

• Most flexible offering - US, Regional, and State views are immediately available.

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).

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%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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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.

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 IRI’s website produced the following finding: each product has unique characteristics that are specific to IRI for Self Service Platform leveraging IRI’s Daily Manufacturer Out-Of-Stock Tracking and Weekly Sales Data.

This includes access to Baby Formula / Electrolytes Category reported at the category, sub category, manufacturer, brand, and UPC level for 2 simultaneous users/for Total US MULO+C geography. There is no reseller for this specific data set. This requirement can only be met by a single source as IRI’s competitors cannot provide the speed and accuracy of the data being delivered to meet FDA’s mission and work. IRI was the first to market in providing an out of stock view, by actual scan sales, in the US. No other company has the ability to measure daily out of stocks, the way IRI does. And no other company can provide the daily of out of stock view, and the weekly sell through data, as quickly and accurately as IRI, through the same syndicated lens. FDA needs multiple data sets due to the complexity of the infant formula shortage as we cannot rely on a single source.

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

The decision to move forward and deploy a Self-Service Platform leveraging IRI’s Daily Manufacturer Out-Of-Stock Tracking and Weekly Sales Data is required to help understand Infant Formula shortages.

Acquiring IRI data directly streamlines the acquisition of this retailer data and provides fair and reasonable pricing to the government.

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 https://www.acquisition.gov/?q=browse/far/10

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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. 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 minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Signature:____________________________________

Sara Marrie COR/Requiring Activity POC

9/21/2022

Ginger Prather Supervisor

9/21/2022

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.

Steven D Gagnon Contracting Officer

[Enter date here.]