NielsenIQ MOD JOFOC updated.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.

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 NielsenIQ (NIQ) as the single provider to help understand Infant Formula performance and product availability. A data subscription for Retail Measurement (Byzzer) and On-Shelf Availability is critical. This purchase will provide close to 4 months of access to custom reporting to monitor weekly RMS Data with export capabilities and OSA Metrics by banner or by state.

Template mailto:sara.marrie@fda.hhs.gov

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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 for Retail Measurement (Byzzer) and On-Shelf Availability 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

☐ Follow-on

☐ Other: [Specify]

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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 $191,096.00. Base POP is June 14, 2022 through September 30, 2022. MOD is to extend POP - September 30, 2022 through April 30, 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).

☐ 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).

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☐ 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).

NielsenIQ

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

NielsenIQ meets OFPR’s needs that are critical to further monitor the infant formula shortage crisis. The NielsenIQ retailer supplied data is the trusted source of true of nearly 85% of all CPG manufacturers, Wall Street, and many other providers in the CPG industry. The data proposed (NielsenIQ Byzzer, Precision Areas, and On-Shelf Availability) is all powered by the same retailer supplied data and offers consistency solution to solution which will enable the FDA to have trust the data and consistent results solution to solution. In addition, each product has unique characteristics that are specific to NielsenIQ:

Retail Measurement (Byzzer):

- The preferred retail measurement tracking service across many significant retailers in the US market including Walmart, Whole Foods, Family Dollar, and Dollar General.

- NIQ is also the trusted source of truth for Wallstreet measurement.

- Byzzer enables same day/Immediate access

- Byzzer also enables other data services like household panel data which will supplement the FDA’s questions and likely would come at an incremental upcharge if sourced from another provider.

- NIQ exclusive retailers: Whole Foods (not available at other retailers)

On-Shelf Availability:

- NielsenIQ’s On-Shelf Availability is tied to the retail measurement data above, purchasing from one source is crucial to triangulate results.

- Nielsen’s proprietary algorithm leverages item x store x day level data to forecast expected sales and smooths outliers in the data, factors in sales variations by days of the week, accounts for lifts/falls due to holidays, and more. An algorithm not available from other organizations. On-Shelf Availability provided by NielsenIQ is also purchased by retailers directly.

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.

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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.

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 GSA and previous contracting history and on NielsenIQ’s website produced the following finding: each product has unique characteristics that are specific to NielsenIQ for Retail Measurement (Byzzer) and On-Shelf Availability. There is no reseller for this specific data set. No additional market research is required since NielsenIQ is the proprietary product supplier of such data.

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

The decision to move forward and deploy NielsenIQ data sets to help understand Infant Formula performance and product availability because the NielsenIQ retailer supplied data is the trusted source of true of nearly 85% of all CPG manufacturers, Wall Street, and many other providers in the CPG industry. Acquiring NielsenIQ 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

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.

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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

September 29, 2022

Signature:

Ginger Prather Management Services Officer

September 29, 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.

Signature:

Steven Gagnon Contracting Officer

[Enter date here.]