PreSol-22-JOFOC For UMSS_5.6.2021 (002).pdf

U.S. Department of Energy Consolidated Service Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

ORO F 542.25

(Rev. 08/18) Page 1 of 6

I. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Requirement Originating Organization: U.S. Department of Energy (DOE) Identification Number (Solicitation Number): 89243121RSC000059 Contracting Activity: Office of Science (SC) – Consolidated Service Center (CSC) Contracting Officer: Casey McCracken Phone: 865-574-1322

II.

NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED (Sole source, limited competition, etc.)

In Support of the Berkeley Site Office (BSO), the CSC plans to contract by means other than full and open competition. This Justification for Other than Full and Open Competition (JOFOC) establishes the justification and approval for using of one of the exceptions to full and open competition allowed by 41 U.S.C. 3304 as promulgated by Federal Acquisition Regulation (FAR) 6.302.

This action is for a new, sole-source contract with Exeter Associates, Inc. (Exeter) to provide public utility management support services. The total contract period, including the one-year base period and four one-year option periods, is 5 years.

III.

DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (including estimated value with options)

In 1993, the DOE Oakland Operations Office, on behalf of three DOE national laboratories in northern California, specifically the National Nuclear Security Administration’s Lawrence Livermore National Laboratory, and two SC laboratories, the Lawrence Berkeley National Laboratory, and the SLAC National Accelerator Laboratory, formed an Electric Power Consortium (the Consortium) with the primary objective of delivering reliable power to the laboratories at the lowest overall cost.

Today, BSO is responsible for managing the Consortium on behalf of DOE. The Consortium is a complex regulatory and financial arrangement, which was established as a means by which to minimize the combined costs of power for the three national laboratories and to extend the benefits of reduced costs to those same three laboratories. This unique and complex arrangement includes three geographically diverse laboratories with differing regulatory, infrastructure, and exclusive rights and considerations in the state of California. The Consortium enables a cost-effective, efficient purchasing approach through load aggregation and strategic sourcing of ancillary services that leverages exclusive transmission rights to deliver reliable power. The Consortium’s success relies on experts with deep knowledge of the Consortium’s history to analyze the various Interagency Agreements, Interconnection Agreements, markets, and current and emerging California regulations.

Cumulatively, the Consortium has saved DOE several hundred million dollars since its inception as a wholesale purchasing agent for the northern California national laboratories.

The Consortium is responsible for buying power (approximately 950 GWh/year) and ancillary

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

(Rev. 08/18) Page 2 of 6 services from the wholesale market, dispatching those resources to meet the sites’ combined conjunctive loads, and then designing rebilling rates to recover the cost of those resources and ancillary services from the national laboratories. For the Consortium to meet these requirements, DOE must acquire expert public utility management support services specific to the Consortium.

These services include research, planning, technical, economic, and market analyses, acquisition, cost and price analyses, system management, preparation and maintenance of power requirements schedules, rebilling algorithms, and support for intervention with utility regulatory bodies and courts, including the preparation and presentation of testimony as an expert witness.

The total estimated value of the contract is $2,900,000.

IV.

STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION (FAR and U.S.C. references)

41 U.S.C. 3304, as implemented by FAR 6.302-1, provides that an agency may contract without providing for full and open competition when the supplies and services needed are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements.

V.

DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED

Exeter has been essential in both the creation and successful administration of the current DOE Consortium. With almost 30 years of hands-on experience with the Consortium, Exeter possesses an in-depth understanding of the Consortium’s laboratory members’ power needs. Exeter’s knowledge makes it uniquely qualified to provide the Consortium with the technical expertise necessary to support the Consortium’s management of its power arrangements. Award to any other source would result in unacceptable delays in supporting the vital missions of the laboratories. Exeter is the only company that can meet the statement of work requirements based on our market research.

VI.

DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING

WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY FAR

SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES

A synopsis for the follow-on contract was posted on March 25, 2021, to beta.SAM.gov with a response due date of April 9, 2021. Synopsis posting link:

https://beta.sam.gov/opp/a25f66e4e5104a01834087ff9d68b718/view. No responses were received.

https://beta.sam.gov/opp/a25f66e4e5104a01834087ff9d68b718/view

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

(Rev. 08/18) Page 3 of 6

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The anticipated cost to the Government will be fair and reasonable. In accordance with FAR Part 15, cost analysis will be used to evaluate the reasonableness of individual cost elements, and price analysis will be used to verify that the overall price offered is fair and reasonable. Historical cost data or pricing data will be used in the review and evaluation.

VIII.

DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

Market research, which included a review of the following potential solutions: FAR Part 8 sources including AbilityOne and Federal Prison Industries; DOE Preferred Solutions (e.g., DOE EWAs);

BIC contracts; Tier 2 contracts; and Tier 1 contracts; and a review of previous acquisitions for the same requirement, demonstrated that Exeter is the only responsible source that can fulfill the agency’s requirement. A synopsis for the follow-on contract was posted on March 25, 2021, to beta.SAM.gov with a response due date of April 9, 2021. Synopsis posting link:

https://beta.sam.gov/opp/a25f66e4e5104a01834087ff9d68b718/view. No responses were received.

IX.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION SUCH AS:

a. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available:

N/A b.

When FAR 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived:

N/A

c. When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government:

N/A

X.

A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

https://beta.sam.gov/opp/a25f66e4e5104a01834087ff9d68b718/view

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

(Rev. 08/18) Page 4 of 6

None.

XI. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

The CSC plans to engage with industry, through various mechanisms such as an Industry Day, following the award of this contract and prior to any subsequent acquisition to inform and engage industry that might want to compete for this scope of work in the future.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

ORO F 542.25

(Rev. 08/18) Page 5 of 6

CERTIFICATIONS

The supporting data (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for this other than full and open competition) which forms the basis for this justification are certified as accurate and complete.

This justification is certified accurate and complete to the best of my knowledge and belief.

SIGNATURE

Contracting Officer Date

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

(Rev. 08/18) Page 6 of 6

REVIEWS

Senior Program Official (Or Designee) (> $750 K)

Date

Legal Counsel (> $1 M)

Team Lead, Office of Acquisition and Business Services

APPROVALS

CSC Competition Advocate