20210701 - JOFOC for COOP and COG Support - 89233121CNA000187 Redacted (FINAL).pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

(OFFICE OF EMERGENCY OPERATIONS (NA-40)

CONTRACT NUMBER 89233121CNA000187

July 1, 2021

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The services required are in support of the National Nuclear Security Administration (NNSA), Office of Emergency Operations (NA-40). The contracting activity is the NNSA Office of Acquisition and Project Management, Non-M&O Contracting Division, Services Acquisition Branch (NA-APM-126).

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

This action is a follow-on requirement from existing Task Order 89233118FNA400044 for technical support services for continuity of government (COG) and continuity of operations planning (COOP) activities. PWS tasks include test training and exercise development and support, development of associated concept of operations plans, development of specific training and exercises for the Department’s senior officials (headquarters and field) within the Continuity of Operations facility in its Germantown, Maryland campus.

This is a sole-source non-commercial action that will result in the issuance of a new three-year (inclusive of a one-year base period and two, one-year option periods), firm-fixed-price (FFP) and Labor Hour (LH) hybrid task order to Covenant Park Integrated Initiatives. (“Covenant Park”). The primary services under the order will be FFP Contract Line Items (CLINs) with LH surge CLINs for responses to unique events. The total estimated value of the Task Order is $10,088,235.83.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

NNSA has an ongoing need to plan, test, train, and perform operational requirements stated in Presidential Policy Directive-40 (PPD-40), and in Federal Continuity Directives (FCDs) one and two, along with the DOE Order 150.1A. This includes supporting the government’s national essential functions, Departmental priority mission essential functions, and ensuring the continued functioning of the nation’s form of government.

Many elements of the scope of NNSA’s requirement are highly specialized in nature, including the sustainment of NNSA’s COOP and COG programs (including support of the enduring form of Constitutional government (ECG) and activities that support the Presidential line of succession). Ensuring the success of COG activities remains critical in establishing a plan to maintain operation of the government following different types of events.

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Successful execution of this critical mission requires a contractor with cognizant expertise to support the Department’s COG and COOP activities, including: providing technical, operational, analytical, and programmatic support to the Department’s Priority Mission Essential Functions (PMEFs) and Mission Essential Functions (MEFs);

providing plans, operational support, test, training and exercises along with mandated assessments in support of the Department’s COG activities; supporting activities associated with the possibility of natural or man-made disasters; and supporting sustainment of the eight National Essential Functions (NEFs). In order to successfully perform these functions, the contractor must have an established knowledge of specific, relevant standards, such as: Presidential Policy Directive 40; Federal Continuity Directive 1; DOE Order 140.1A; and Office of Science and Technology Policy/Office of Management and Budget Circular D-16-1. The nature of the work necessitates that: the contractor possess a Top Secret facility clearance, its personnel hold Q and, as necessary, TS/SCI clearances; and have access to classified information that is subject to need-to-know, codeword, and limited-distribution restrictions. All work performed must be at locations in the National Capital Region (NCR) to fulfill mission critical work under this contract. The applicable North American Industry Classification System (NAICS) for this requirement is 541690 - Other Scientific and Technical Consulting Services, with a size standard of $16.5M.

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”.

V. APPLICATION OF AUTHORITY

Market research (see § VIII) identified that, no vendor, other than Covenant Park, meets NNSA’s requirements and is capable of performing this work. Covenant Park has established expertise in supporting COG and COOP activities; demonstrated knowledge of specific, relevant standards (e.g., Presidential Policy Directive 40, Federal Continuity Directive 1, DOE Order 140.1A, Office of Science and Technology Policy/Office of Management and Budget Circular D-16-1); a Top Secret facility clearance; employees possessing Q and/or TS/SCI clearances with access to classified information that is subject to need-to-know, codeword, and limited-distribution restrictions; and with the capability of operating in the NCR.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

NNSA’s market research (see § VIII) identified that several entities had some of the required capabilities, but only Covenant Park is capable of performing the required work given the necessary capabilities.

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VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

The Contracting Officer has determined that the anticipated price is fair and reasonable based on price analysis techniques utilized consistent with FAR 15.404-1(b)(2)(iv) - Covenant Park has a previously negotiated and approved GSA schedule that can be used as a basis for comparison - and (v) - a comparison to an Independent Government Cost Estimate (IGCE). Based on the IGCE and historical pricing data, the estimated price represents a reasonable total price and best value for the Department.

VIII. MARKET RESEARCH

NNSA conducted independent research into the capabilities of a large number of entities, including GSA schedule holders identified within the official US Government System for Award Management (sam.gov), regarding their qualifications to meet NNSA’s requirements. NNSA market research sought to determine whether the schedule holders had: established expertise in supporting COG and COOP activities;

demonstrated knowledge of specific, relevant standards (e.g., Presidential Policy Directive 40, Federal Continuity Directive 1, DOE Order 140.1A, Office of Science and Technology Policy/Office of Management and Budget Circular D-16-1); a Top Secret facility clearance; employees possessing Q and/or TS/SCI clearances; and an ability to perform the necessary services in the NCR. While some of several of the entities met some of the criteria necessary to successfully perform NNSA’s requirements, only Covenant Park had all required capabilities. Additionally, on March 2, 2021, NNSA posted a Synopsis/ Notice of Intent to Sole Source publicly on Beta.SAM so that any potential responsible sources could express their interest in and capability to perform this requirement in writing. The Synopsis/Notice of Intent to Sole Source closed on March 17, 2021, and the Government received capability statements electronically from three vendors (identified in Section X). The Government considered each of the three interested vendors’ capability statements and found that the interested sources did not demonstrate their capability to meet all of NNSA’s requirements. As a result, the Government determined that Covenant Park is the only capable source to perform this work.

IX. OTHER FACTS

NNSA notes that Covenant Park is already coordinating on behalf of the Federal executive agencies associated with COG and ECG to support national security. Any decision by the Department to replace Covenant Park would have significant programmatic and Governmental impacts.

X. INTERESTED SOURCES

The following companies have expressed, in writing, an interest in the acquisition:

July 7, 2021