04 - Mod. 0029 - JOFOC v2 (Final) - HCA in lieu of Comp Ad 12-21-2022.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

PERSONNEL SECURITY SERVICES

OFFICE OF PERSONNEL AND FACILITY CLEARANCES AND CLASSIFICATION

DE-NA0003424-0027

8 December 2022

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Personnel Security and Facility Clearances and Classification of the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA) plans to modify an existing contract to extend the period of performance by six months by means of other-than-full-and-open competition. The contracting activity is the NNSA Office of Partnership & Acquisition Services, Field Services Acquisition Branch, (NA-PAS-313).

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval of the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984. This action will result in a six-month bridge extension of the current contract. Contract DE-NA0003424 was the result of a 100% Small Business competitive set-aside and awarded to Tuva, LLC., 2553 Dulles View Drive, Suite 700, Herndon, VA 20171, for the Office Personnel Security and Facility Clearances and Classification (OPFCC) Support Services, on October 2, 2017. The contract period of performance was for five years from October 2, 2017, through October 1, 2022. On September 14, 2022, the contract was extended for six months through April 1, 2023, pursuant to FAR Clause 52.217-8 – Extension of Services. The ensuing Modification No. 0027 will extend the period of performance up to an additional six months to allow sufficient time to effectively compete and award the follow-on effort. In the event the entire 6-month bridge is required, this action will extend the contract performance period from April 2, 2023, through October 1, 2023. The modification is valued at $3,150,000.00 but this amount will not increase the previously established contract ceiling price/value of at $30,583,640.00.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

Contract DE-NA0003424 requires support services essential for the successful accomplishment of OPFCC program responsibilities, including all personnel security program support to the NNSA clearance population of approximately 53,000 contractor and federal employees. The personnel security program work involves numerous and varied personnel security access authorization adjudicative and processing activities, as well as investigating and analyzing the required background investigations of approximately 8,200 clearance holders and 6,000 applicants per year. Additionally, OPFCC conducts security reviews for approximately 9,500 human reliability program incumbents per year and performs the processing of investigations for approximately 5,000 applicants for HSPD-12 Personal Identification Verification per year. OPFCC also supports the due process (Administrative Review) described in 10 CFR 710. Approximately 150 cases are in Administrative Review at any one time on an annual basis.

The Program estimated value of this maximum 6-month bridge extension is: $3,150,000. There is sufficient contract value ceiling of an estimated $7,000,000 to allow for the continuation of services without requiring a value increase for the ensuing bridge modification. Sufficient funds to cover performance for a minimum of three months, 2 April through 1 July 2023 will be provided prior to fully executing the modification.

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PERIOD OF PERFORMANCE TOTAL AMOUNT

4-2-2023 – 10-01-2023 $3,150,000

IV. AUTHORITY

The statutory authority permitting other than full and open competition is 41 USC 3304(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “Only one responsible source and no other supplies or services will satisfy agency requirements.” FAR Subpart 6.302-1(a)(2) states, “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

V. APPLICATION OF AUTHORITY

The NNSA/NA-74 requires the contractor to have experienced, Q-cleared personnel in order to perform the necessary services in specific areas, as identified below, for the John A. Gordon Albuquerque Complex. Tuva, LLC. is the only responsible source that can provide the required services within the timeframe required. Tuva, LLC. currently provides expertise and support for the implementation of the DOE/NNSA Personnel Security Program to include clearance processing, adjudication of investigative reports or other security related information, complete security reviews for the HSPD-12, Human Reliability and Sensitive Compartmented Information, and the FOCI and Facility Approval and Registration of Security Activities (FARA) Programs, as required, and it supports the Administrative Review process as required. Clearance and adjudicative actions shall be completed in accordance with Executive Orders, Presidential Directives, U.S. Code of Federal Regulations, and DOE and NNSA orders, policies, directives, standards, regulations, and OPFCC policies and standard operating procedures (SOPs). The Tuva, LLC. contract expires on April 1, 2023, and the OPFCC requires continued support for up to an additional six months until the follow-on contract is awarded in September 2023. A new contractor would require additional time to meet security requirements, such as employee clearance and badge requirements. Continuity, with minimal impact to mission, can only be obtained through performance by Tuva, LLC. until the NNSA’s competition for, and subsequent award of the next contract has transpired.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

On January 10, 2023, the NNSA will complete a combined synopsis/solicitation to publicly announce its intent to issue a bridge modification to extend the Tuva, LLC. Contract No. DE-NA0003424 for up to six months on a sole-source basis. No vendor responses to that synopsis are anticipated. The NNSA is in the process of finalizing the Solicitation (Request for Proposals) package for the follow-on contract to DE- NA0003424. The NNSA expects to award a new contract for Personnel Security and Facility Clearance Program Support Services in September 2023.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

A 6-month extension to this 66-Month non-commercial, Cost-Plus Fixed-Fee type contract is anticipated for this effort. It is the determination of the Contracting Officer that the anticipated price will be fair and reasonable based on previously conducted price analyses performed utilizing technical experts’ evaluation and analysis prior to the current contract award with Tuva, LLC.; evaluation of Defense Contract Audit Agency (DCAA) audit results; comparison to the Independent Government Cost Estimate (IGCE); and all previous historical data (previous component costs, estimates, spend records, etc.)

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The Contracting Officer has determined the current prices on contract to be fair and reasonable based on price analysis including, but not limited to, a comparison of the contractor’s approved rates with historical rates billed against the current contract with Tuva, LLC.

VIII. MARKET RESEARCH

Because the Government is actively working a competitive 100% small business set-aside as a follow-on to the current contract with Tuva, LLC., additional market research was not required of the Program at this time. Additionally, this sole source synopsis did not allow for potentially responsible sources to submit a bid, proposal, quotation, or an exception to the government’s intent to procure this 6-month bridge extension on a sole source basis with the incumbent contractor, Tuva, LLC.

The Contracting Officer and Technical Representative considered the requirement as well as the marketplace and determined that Tuva, LLC. is the only entity with the capability to sustain the Personnel Security and Facility Clearance Support Services during the bridge modification extension timeframe.

IX. OTHER FACTS

Any Small Business concern submitting a proposal in response to the ensuing follow-on effort solicitation will be vetted accordingly, and those responsible sources deemed to possess the capabilities to perform all aspects of the scope/tasks identified within the Performance Work Statement will be given full consideration for award per the guidance outlined in FAR Part 15. The resulting data will be included in the Market Research for any additional follow-on efforts heretofore.

X. INTERESTED SOURCES

Due to the circumstances regarding this request for a time-sensitive bridge extension to the current Tuva, LLC. contract, there were/are no opportunities posted for interested sources to respond to; however, the NNSA will publish a combined synopsis/solicitation on or about January 10, 2023.

XI. STEPS TO FOSTER COMPETITION

The NNSA, in coordination with the Small Business Administration, has determined the most advantageous method(s) to contract for the follow-on efforts. The Contracting Officer has determined the ensuing follow-on award will be a result of a 100% competitive small business set-aside.

XII. CERTIFICATIONS

Acquisition Initiator/Technical Representative:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Steven R. Bible Contracting Officer Representative Office of Personnel & Facility Clearances & Classification, NA-74

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Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Larry P. Veltman Contracting Officer Field Services Acquisition Branch, NA-PAS-313

Competition Advocate (Below $15M):

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 the $15M threshold, this review serves as approval.

Temidayo Osinuga Competition Advocate Office of Partnership & Acquisition Services, NA-PAS-213