Notice of Intent to Sole Source - National Acamemy of Science (NAS)

The Health Resources and Services Administration intends to negotiate on a sole source basis with The National Academy of Sciences (NAS) 2101 Constitution Ave NW, Washington, DC 20002 to establish an Indefinite Quality Indefinite Delivery(IDIQ) type contract which would allow HRSA to issue congressionally mandated orders to study/evaluate HRSA supported programs. NAS is in a unique position because of the long established status of the National Academy of Sciences (the Academy) as a noncompetitive source of scientific research and policy advice to the Government derives from its creation by Congress in 1863 (36 U.S.C. Sec. 253). This special status and relationship with the Government was reconfirmed by Executive Order (E.O.) 2859, May 11, 1918, as amended by E.O. 10668, May 10, 1956. The noncompetitive status of the Academy was most recently formally affirmed in E.O. 12832 on January 19, 1993. This order cites the special relationship of the Academy to the Government and its unique capacity to marshal scientific expertise of the highest caliber in order to provide independent and objective science policy advice. Specifically, E.O. 12832 states that " When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations." The Academy has the unique ability to assemble the Nation's most eminent scholars and other experts, who are appointed by the President of the Academy to provide their expertise without compensation on committees and boards, which render advice and guidance of the highest quality and unparalleled objectivity to address national issues of high priority. Accordingly, the Academy is well qualified to provide the measure of expertise, independence, objectivity and audience acceptance necessary to meet the program requirements. The Academy's uniqueness was recognized by the Federal Acquisition Regulations (FAR) Council, which included a specific reference to the Academy in FAR 6.302, which provides that certain limitations on sole source awards made in connection with a specific provision of the FAR do not apply to "any contract requiring the Academy to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on those matters to the Congress or any agency of the Federal Government. The Academy provides nationally acclaimed experts from their membership of the National Academy of Sciences members (these members often provide their services free of charge to lead forums and round tables). It is expected that an award of an IDIQ contract would allow HRSA to issue cost and cost sharing orders to the National Academy (cost-sharing award are the result of in-kind contributions from the NAS experts and NAS members). Negotiations with NAS are expected to result in an IDIQ contract with a period of performance of one year with four one year options. This IDIQ would allow HRSA to meet the intent of Congress when HRSA is directed to iniate a study with the National Academy of Science. Therefore NAS is deemed the only responsible source capable of providing the required work and service under authority in 41 U.S.C.253(1), as set forth in FAR 6.302-1(b)(1)(I). This is not a solicitation. A copy of the solicitation has not yet been produced. If contract award result from this Justification for Other then Full and Open Competition (JOFOC) a copy of this JOFOC will posted at this site. Written inquiries must reference requisition number 14-250-SOL-00012rv.