PR44111 - SSJ - CO Signed.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

CDC, NCCDPHP, Office on Smoking and Health Bldg. 107, Mail Stop S107-7 Centers for Disease Control and Prevention Atlanta, GA 30341

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: Evaluation Support—Tobacco Use in Popular Media Targeting

Youth

2. Procurement Request (PR) Number (if available): 00HCUCL1-2020-44111

3. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: Truth Initiative Foundation

b. Estimated Procurement Amount: $150,000

4. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: Click here to enter text.

[Type here]

Justification:

1. The justification for this non-competitive action is:

☒ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency

☐ Exclusive licensing agreements/Proprietary data

☐ Brand name required

☐ Industrial mobilization

☒ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

☐ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency

☐ Only One Source

☐ Logical Follow Up

☐ Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

The Truth Initiative Foundation is a non-profit organization formerly known as the American Legacy Foundation, that was established in 1999 as a result of the Master Settlement Agreement that was reached between the Attorneys General in 46 states and tobacco companies. In addition to payments states receive as a part of this settlement, they also established Truth as a national public health foundation dedicated to preventing youth smoking.

Truth’s signature achievement is the Truth Campaign, a mass media campaign that seeks to inform youth about the dangers of tobacco use. Truth has also established the Schroeder Institute, which conducts and publishes research on the harms of tobacco use and effectiveness of tobacco prevention and funds the University of California San Francisco to manage a collection of tobacco industry documents, which are now available and searchable by the public. Truth has also created BecomeAnEX, which is a free, digital quit-smoking plan and online community of thousands of smokers and ex-smokers developed in collaboration with Mayo Clinic. It has helped more than 800,000 people develop the skills and confidence to successfully quit. Research has shown that following the BecomeAnEX quit plan quadruples a tobacco user's chance of quitting.

In addition to this work, Truth is a leader in developing the research on the impact of youth exposure to tobacco imagery in popular media. While smoking rates have been declining for decades, tobacco imagery on screens and in pop culture — including TV, streaming, video games, movies and social media — contributes to contribute to the normalization of smoking and tobacco use. These images have influence, especially among youth and young adults, who are uniquely susceptible to social and environmental influences to use tobacco. The Surgeon General has concluded that there is a causal relationship between depictions of smoking in movies and the initiation of smoking among young persons. For example, research shows that youth with higher exposure to tobacco imagery in movies are twice as likely to start smoking. Over the past decade, CDC has published several reports on Smoking in the Movies, based on data collected because of funding from Truth.

(https://www.cdc.gov/mmwr/volumes/68/wr/mm6843a4.htm).

However, less is known about the extent and impact of other forms of media exposure. Notably, it is necessary to understand the reach of tobacco incidents in streaming and other media platforms. While smoking in TV programs has not been studied as extensively as tobacco imagery in movies, it is reasonable to conclude a similar harmful impact is possible. However, continued research will be necessary to understand how this exposure affects youth tobacco initiation and use. The first step in that research is to fully understand the extent of exposure.

The Truth Initiative is the only national organization that is funding and conducting research on smoking in popular media, first reporting on the extent of tobacco use in streaming in 2018. Based on estimates of Truth’s initial research, approximately 28 million young people were exposed to tobacco through television and streaming programs just from exposure from the most popular shows alone. That exposure is a significant public health concern because viewing tobacco use in on-screen entertainment media is a critical factor associated with normalizing tobacco use, which can lead young people to starting to smoke.

Truth is particularly well situated to conduct future research on this topic and has the infrastructure and expertise necessary to meet CDC’s needs on this topic. Truth has a longstanding history of addressing youth tobacco use including numerous publications on the impact of marketing on youth. Truth is a trusted source of information on this topic as reflected by both their role in earned media and published scientific literature on this topic.

Truth likewise has a long history of collaborating with OSH and CDC in addressing issues of public health importance related to youth tobacco use. Youth collaborates with CDC by working with states on tobacco control policy and has collaborated with numerous CDC staff on publications on topics which include media, evaluation and tobacco marketing and sales.

Increased and timely understanding of the impact of youth exposure to tobacco imagery in popular media as we look to understand how youth are exposed to imagery that normalized tobacco use. The urgency of this need is further enhanced by the troubling rise of youth use of e-cigarettes, which is at epidemic levels. A variety of stakeholders, including clinicians, educators, and state tobacco programs, are under pressure to identify what is driving youth appeal to these products.

Given the pressing need and the high level of interest from leadership, working with a reputable and experience partner organization with existing expertise is key to ensuring a successful project outcome that will serve as an effective resource for the tobacco control field. Truth already possesses deep subject matter knowledge related to youth tobacco exposure to tobacco imagery in popular media, they are aware of gaps that exist and the types of research that is needed, and they also have experience in developing resource materials and reports that enhance public and media understanding of this topic.

b. What other products/services were considered and why did they not meet the need?

CDC/OSH has canvassed existing research that already are available in the public domain and, as detailed above, the research that is known on this topic has largely been conducted by or funded by Truth. OSH has identified that all researchers at Universities (Johns Hopkins, University of California, University of South Carolina) are associated with Truth, which is why Truth has been identified as a contract entity suitable to execute this project scope.

3. Program Office efforts to seek potential offerors:

CDC/OSH has attempted to identify other expertise outside of Truth that would fill the contract needs identified but has not been successful.

D. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: CDC/NCCDPHP/OSH/Leslie Norman/Public Health Analyst

Center/Institute/Office COR/Program Official Signature:

Certification Date: 4/1/2020

E. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name:

Contracting Officer Signature:

Certification Date: May 20, 2020