04_-_JOFOC_-_NAS_Advisory_-_(Revised_-_05-24-2021)_1.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

Justification for Other than Full and Open Competition (JOFOC)

U.S. Department of Energy (DOE), National Nuclear Security Administration Office of Acquisition Management - Field Services (NA-APM-125)

Office of Defense Nuclear Nonproliferation (NA-20)

Independent Scientific, Technical, Engineering, and Advisory Services to Assess and Validate Scientific and Engineering Excellence to NA-20 and other DOE Participants by

National Academy of Sciences (NAS) 24 May 2021

1. Identification of the Agency and Contracting Activity

The U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA) proposes to enter into a sole-source, follow-on contract with the National Academy of Science, Engineering, and Medicine (NASEM), heretofore identified as the National Academy of Sciences (NAS), by means other than full and open competition in support of the Office of Defense Nuclear Nonproliferation (NA-20). The NNSA NA-20 Nuclear Nonproliferation mission areas may be found here: https://www.energy.gov/nnsa/missions/nonproliferation.

2. Nature/Description of the Proposed Action

The proposed action will be for a five-year, Indefinite-Delivery, Indefinite- Quantity (IDIQ) Cost Reimbursement (no fee) contract. This effort is a continuation of services previously sole-sourced to the NAS under the same contract type with a 5-year period-of-performance from 9- 23-2016 – 9-22-2021. Under the IDIQ contract, NAS will provide continued independent scientific, technical, engineering, and advisory services to NNSA NA-20 and other participating NNSA and DOE offices. To comply with Federal Acquisition Regulation (FAR) Subpart 16.504, the minimum amount to be ordered against this IDIQ is $30,000.00, with the maximum dollar amount (or ceiling) being the IDIQ total value of $30M.

3. Description of the Supplies or Services Required to Meet the Agency Needs

The primary services NAS will provide are independent scientific, technical, engineering, and advisory services to all DOE/NNSA Programs, to include all HQs and Field Offices requiring these services. Furthermore, the NAS will assess and validate scientific and engineering excellence in the DOE/NNSA’s missions and programs; inform the DOE/NNSA of relevant scientific and technical data and related views of experts about research and programmatic activities; assess and apply science and engineering to public policy; and otherwise contribute to the vitality and productivity of the DOE/NNSA’s scientific enterprise and its extended research and development communities. The Product Service Code (PSC) to be used for the follow-on effort will be B599 – Special Studies/Analyses – Other, and the North American Industry Classification System Code (NAICS) will be 541690 – Other Scientific and Technical, with a Small Business Size Standard of $15M. Both the PSC & NAICS are consistent with those used on the previous and current efforts.

https://www.energy.gov/nnsa/missions/nonproliferation

The NNSA, more specifically NA-20, requires these services to have the highest level of independence, objectivity, and audience acceptance in the relevant scientific and policy-making communities.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 – Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

Also, although not a statutory authority, under Executive Order 12832, a Federal Agency may procure services noncompetitively from the NAS, when it determines that the NAS, because of its unique qualifications, is the only source that can provide the level of expertise, independence, objectivity, and audience acceptance necessary to meet the requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

In order to assess the scientific and engineering excellence of its programs and missions in the relevant governmental and scientific communities, the DOE/NNSA requires a contractor that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet its requirement.

Established in 1863, by President Abraham Lincoln, under the Act of Incorporation of the National Academy of Sciences with service to the Nation as its dominant purpose, NAS has become the pre-eminent scientific advisor to the Government.

In accordance with 36 U.S.C. 150301, the National Academy of Sciences (NAS) is a federally chartered corporation. The NAS is the Nation's pre-eminent advisor in scientific and technological matters for more than a century, is uniquely qualified to provide the level of independence, expertise, and audience acceptance within the relevant scientific and policy communities required for this acquisition. NAS' unique ability to call upon and access the Nation's and the world's most eminent scholars allow it to render advice and guidance of the highest quality.

Under 36 U.S.C. 150302, the NAS may make its own organization and report its actions to Congress. There are two other Academies which were founded under the NAS charter. They are the National Academy of Engineering (NAE), established in 1964, and the National Academy of Medicine (NAM) (formerly the Institute of Medicine), established in 1970. The three Academies work together as the National Academies of Sciences, Engineering, and Medicine (collectively referred to as NASEM) to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. Moreover, these Academies have the capability to elicit the participation of virtually any scientist invited to serve on its committees.

Additionally, the credibility of NAS reports with the scientific community is maximized by the recognized impartiality of its organization, which manufacture no products, possess no funds to disburse, has no decision-making authority over the scientific community, and has no executive regulatory authority. Furthermore, in accordance with the Federal Advisory Committee Act, any final report generated by NAS must be the result of the Academy's independent judgement and requires individuals to disclose conflicts of interest before appointment. Similarly, the Government is prohibited from using advice or recommendations provided by NAS committees, unless the committee was not subject to the management or control of the Government. Thus, neither NAS nor its transient working communities, which may be given immediate responsibility for a particular study or inquiry, can be unfairly accused of having a vested interest in the outcome of deliberations.

Lastly, under 36 U.S.C. 15303 and its congressional charter, NAS is mandated to advise the Federal Government on scientific and technical matters. Upon the request of any department of Government, NAS must investigate, examine, experiment, and report upon any subject of science and art.

NAS is the only source that will be able to provide the DOE/NNSA with scientific, engineering, and advisory services of the highest quality, independence, objectivity, and audience acceptance.

Furthermore, its recognized independence and audience acceptability is unequalled by any other American body of scholars, either public or private, which will ensure the credibility of any assessment of scientific excellence in the DOE/NNSA, and all corresponding Field Office programs and missions in the relevant scientific and policy-making communities.

6. A description of efforts made to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps announcement notice was made and what response, if any, was received, and include whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

NA-APM-125 after collaboration with NA-20, synopsized a Notice of Intent to sole-source a 5-year IDIQ effort, and posted that NOI to FedConnect and Beta.SAM.gov on April 22, 2021 for the mandatory 15 days in accordance with the Federal Acquisition Regulation, with responses due by May 7, 2021. The results of the NOI are as follows: The CO received one vendor acknowledgement of the NOI on April 28, 2021; however, no vendors submitted a Capability Statement, a quote or proposal in response to the NNSA NOI. Furthermore, no questions were submitted regarding the content of the NOI or in direct response to the ensuing effort. The archival date within Beta.SAM.Gov for the NOI is May 22, 2021.

After this Market Research effort, based on the NNSA’s continued need for scientific, engineering, and advisory services of the highest quality as provided by the National Academy of Sciences (NAS), the NNSA has determined that awarding a non-competitive follow-on IDIQ contract to the NAS is the most cost-effective, prudent means of acquiring those same continued services.

7. A determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

The estimated value of the IDIQ is $30,000,000. This estimate was derived from: Parametric estimation based on the fact that Work Areas substantiating the use of the master contract would be largely unchanged; Analogous estimation with similar project/study scope and estimated future efforts; and What-if analysis based on evolving situations involving the Covid-19 pandemic and change in potential focus/request areas for studies.

The type of contract used is cost reimbursement with no fee. NAS is prohibited from accepting any fee for the work done under the prescribed PWS work areas; therefore, this cost category is not evaluated.

The contracting officer will use cost realism analysis, in accordance with FAR 15.404-l(b)(2)(ii), to determine that the proposed cost for each task order is fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

After reviewing historical information; current market conditions; contractor availability; and, broadening to other “independent bodies” including universities, laboratories, private institutions, FFRDCs, thinktanks, NA-20 was unable to find any potential contractors who could meet the necessary criteria of level of expertise, independence, objectivity, and audience acceptance necessary to meet the requirements. There were some which meet one, or even two criteria, but could not meet all requirements stipulated in the PWS. This was mainly in the areas of scientific independence and Congressional acceptance. Market areas considered spanned from Governmental interagency agreements with other agencies and Department of Defense (DoD) Federally Funded Research and Development Centers (FFRDCs); Universities who are currently involved in often- used subject matter areas; DOE/NNSA laboratories; private institutions; and public (non-profit) institutions. Nevertheless, NAS continues to be the only potential source to fulfill the requisite work areas outlined in the PWS.

A Notice of Intent to sole-source the requirement to the NAS for continued services was posted to FedConnect and Beta.SAM.Gov on April 22, 2021, with prospective offeror capability statement responses due by May 7, 2021. No responses to the NOI were received by the NNSA.

9. Any other facts supporting the use of other than full and open competition, such as:

As previously addressed within Section 4 of this JOFOC, under Executive Order 12832, a Federal Agency may procure services noncompetitively from the NAS, when it determines that the NAS, because of its unique qualifications, is the only source that can provide the level of expertise, independence, objectivity, and audience acceptance necessary to meet the requirements. No other facts supporting the use of other than full and open competition have been identified beyond those found in this justification document.

10. A list of the sources, if any, that expressed a written interest in this acquisition.

There were no interested sources for this acquisition.

11. Potential Actions by the Agency to Remove/Overcome Barriers to Competition.

The NNSA Office of Nuclear Nonproliferation (NA-20) will continue to monitor the marketplace to identify additional sources capable of fulfilling this requirement. For all future requirements, if further market research reveals that there are other capable sources, the Government will use every effort to utilize full and open competition.

12. CERTIFICATION:

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief:

Christopher Grubbs Contracting Officer’s Representative/Director Defense Nuclear Nonproliferation, NA-20 OPA

03-16-2021

Date

Larry P. Veltman Contracting Officer/Field Support Team Lead Field Services Acquisition Branch Contracts Operations Division Office of Acquisition Management, NA-APM-125

03-17-2021

Dr. David LaGraffe Program Senior Official/AADA Defense Nuclear Nonproliferation R&D, NA-22

03-17-2021

13. APPROVAL:

I have reviewed this Justification for Other Than Full and Open Competition and find it to be accurate And complete to the best of my knowledge and belief. Since this justification does not exceed $75M, Review serves as approval.

Head of Contracting Activity (HCA)

NA-APM-10

05- -2021

CHRISTOPH

ER GRUBBS

David A.

LaGraffe