2.23.21 JOFOC AMC Facility Clean.pdf

SOURCE SELECTION SENSITIVE - See FAR 2.101 and 3.104

See FAR 2.101 and 3.104

SOURCE SELECTION SENSITIVE

Justification for Other than Full and Open Competition

EMCBC Office of Contracting

Advanced Manufacturing Collaborative Facility

1) A description of the needs of the agency concerned for the matters covered by the contract.

This action is for a sole source procurement to a qualified Alaska Native Corporation

(ANC) to design and construct an Advanced Manufacturing Collaborative (AMC) Facility that will provide a modern, accessible Research and Development (R&D) environment to integrate and exploit the unique attributes of national laboratories, commercial entities, and educational institutions, stimulate innovation through partnerships with academia and industry to adapt and develop new technologies to accomplish DOE missions.

2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract (see 19.805-1).

In accordance with FAR 19.805-1(b), where an acquisition exceeds the competitive threshold, as provided in FAR 19.805-1(a)(2), the SBA may accept the requirement for a sole source 8(a) award if-

(1) There is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price; or

(2) SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation (ANC).

The SBA granted acceptance to award to the ANC on February 2, 2021.

3) A determination that the use of a sole-source contract is in the best interest of the agency concerned.

The use of a sole-source contract to a qualified ANC through a non-competitive

Indefinite Delivery Indefinite Quantity (IDIQ) with Firm-Fixed Price (FFP) and Cost

Reimbursable (CR) task orders is in the best interest of DOE because acquisition alternative review determined that a sole-source contract offers the best opportunity to achieve the project schedule which consists of contract award by end of calendar year

2021 and construction complete by FY2024. This aligns construction completion with agreements reached between the Department of Energy, the Aiken County Commission for Higher Education, and the University of South Carolina-Aiken and with the Critical

Decision-4 date submitted in the Construction Project Data Sheet. Additional benefits are as follows:

Increases EM’s funding obligations to a small disadvantaged business; in particular an 8(a) concern. The EM small disadvantaged business goal for

FY2021 is 3% of prime contract funding obligations to small disadvantaged business concerns. For first quarter FY2021, EM has achieved 0.5% of that goal. This award will make significant progress toward EM’s achievement of the

3% goal and support the overall DOE agency goal of 3%.

Supports EM’s commitment to increase utilization of qualified small businesses;

The issuance of FFP Task Orders aligns with Government’s commitment to taxpayer and contractor interest while allocating cost and responsibility from

Government to the Contractor;

Proposed awardee demonstrated capability by successfully completing a similar

Design-Build Project in 2019 that included a new research collaboration facility equipped with laboratory and research activities space for data analysis that was built in accordance with the 2016 DOE Federal Sustainable Building Guidance requirements. The proposed awardee also partners with one of the country’s top construction companies who has completed over 200 R&D and Life Sciences construction projects and over 125 Federal construction projects in the past 10 years;

Awarding to the proposed ANC significantly increases the success of the AMC facility being completed to specifications on schedule and within cost; and

Allows the Government flexibility to issue a task order to finalize the design of the facility before issuing a task order to begin construction.

4) A determination that the anticipated cost of the contract will be fair and reasonable.

Prices will be determined to be fair and reasonable through comparison to historical prices paid for similar work, a comparison to the Independent Government Cost

Estimate (IGCE) and by performing a cost evaluation of the offer.

5) Such other matters as the head of the agency concerned shall specify for purposes of this section.

The land – lease agreement between the government and the University of South

Carolina-Aiken has been signed by both parties. The Acquisition Plan was approved on

January 7, 2021. A total project cost ceiling of $50M was set and an initial $25M was approved by Congress in FY20. The remaining $25M was approved as part of the

Consolidated Appropriations Act, 2021.

Acquisition Initiator:

Phillip A. Polk Date Director Savannah River Laboratory Office

Concurrence:

Legal Counsel:

Paul Sian Date Attorney (Contracts) Environmental Management Consolidated Business Center

Contracting Officer:

Dustin D. Dalton Date Contracting Officer Environmental Management Consolidated Business Center

Approval

Norbert S. Doyle Date Head of Contracting Authority Office of Environmental Management, EM-5.2