AAK JOFOC-Final with Signatures_Redacted.pdf

JOFOC

893040-20-REM-000007

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DOE ORP Contracts and Property Management Division

Waste Treatment and Immobilization Plant Team

SOLICITATION 893040-20-REM-000007

Identification of the agency, program office, contracting activity, and specific identification of the document as a justification for other than full and open competition.

The U.S. Department of Energy (DOE), Office of River Protection (ORP) Richland Washington.

The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This request is to issue a sole source acquisition for services to test and evaluate low activity waste (LAW) vitrification system improvements, to conduct materials testing activities, and to provide operational expertise on the vitrification of LAW planned to commence at the Waste Treatment and Immobilization Plant (WTP).

This work involves the testing of prototypical components of the WTP melter (e.g., castable refractories, etc.) construction and offgas train of the LAW Facility. It will also include a critical technical review of operating procedures and training materials supplied by the Government for continuous melter operations at a rate of 200-400 kilograms per day (kg/day). This document provides the rational to allow for use of one of the exceptions to full and open competition allowed under 41 U Code Competition Requirements and Federal Acquisition Regulation (FAR) Subpart 6.3 – .

The description of the supplies or services required to meet the agency's needs.

The DOE will issue a contract for firm-fixed-price services. The anticipated base period of performance (POP) for the services will run from October 1, 2020 through September 30, 2022 with 3 one-year option periods to extend the services and testing for a maximum duration of five years. The estimated value of the base POP is $2,650,000 and an estimated $2,000,000 for each option for a total ceiling of $8,650,000.

DOE requires uninterrupted LAW glass technology testing studies to support WTP design capability assessments through critical evaluation of training materials and operating procedures. The services DOE requires include materials of melter construction testing to address and mitigate the risk tied to premature failure of the LAW melters; and critical technical reviews of operating procedures and training materials to be used at the WTP. The statement of work is divided into three parts:

(1) initiation of accelerated aging of materials of construction of the melter (i.e., castable refractories); (2) critical technical review of operating procedures for the melter (and ancillary engineering systems up and down and (3) critical technical review of training materials developed for the LAW Facility. All work executed shall be in direct support of addressing and mitigating identified and unidentified risks to treatment operations at the WTP.

The DOE requires these services to support projections of LAW glass production and facility availability at the WTP in order to support finalization of the LAW vitrification facility design. The WTP identified the need to incorporate the flexibility of feeding the LAW Facility directly from the Tank Farms in the immediate future. This added flexibility creates a necessity to augment the DOE operational expertise. This operational expertise can be obtained by engaging the Atkins Energy Federal EPC, Inc./Catholic University of America (Atkins/CUA) team to draw upon their expertise gained from nearly two (2) decades of pilot-scale operations at its privately held facilities.

DOE has routinely completed assessments to establish the risk to the adequacy of the WTP design and flowsheet. These assessments consistently conclude that the projected availability of the LAW Facility is at a significant risk due to potential premature failure of the melters. The DOE has also identified additional risks with ancillary engineered components, such as feed and offgas. Consequently, a critical and rigorous examination is required to reduce or mitigate the identified or yet unidentified risks to LAW container production projections to support finalization/confirmation of the WTP treatment design capacity.

Atkins/CUA is part of the initial team that completed the current design. The DOE had conducted, through previous contracts established between ORP Atkins/CUA team, the estimation of the container and canister production rates.

Please note this team was initially composed of Duratek, Inc. and CUA, then Energy Solutions and CUA and the Government’s WTP Contractors. Atkins is the current company that obtained the intellectual rights and expertise of the previous two companies, has an agreement with CUA to be the Prime contractor for DOE actions, and the DOE has recognized the benefits that the pilot-scale operations experience from the VSL (Vitreous State Laboratory of the Catholic University of America) will provide to the assist the DOE's mission.

This procurement is crucial to build on the previous efforts by commissioning additional LAW Facility refractory responses to the higher risks associated with the waste constituents and the non-traditional construction use of castable refractories. The DOE has focused the present requirements on obtaining initial information to allow DOE to assess the capability of the WTP. The DOE will utilize the information from these requirements to establish long-term operations and provide accurate procedures and training materials.

The statutory authority permitting other than full and open competition.

41 U.S.C. allows other than full and open competition when the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Atkins/CUA and its predecessors have been the expert research and development service providers for LAW glass technology to the WTP. The work completed by the Atkins/CUA contractor team includes:

Glass development and testing of the WTP enhanced high level waste (HLW) and LAW glasses compositions;

Design of the WTP HLW and LAW melters including their refractories;

and

Development of the operating concepts for the HLW and LAW melters.

This work has enabled Atkins/CUA to become experts on the WTP design, design limitations, ORP tank waste compositions, and the technical challenges that face DOE as owner/operator of the WTP. As such, this contractor team is the only source capable of dealing with the technical issues and challenges facing the

DOE.

Atkins/CUA is the only provider that currently has the necessary testing capability in terms of accelerated ageing of refractory and testing laboratories to support these services without disruption to the ORP mission. Atkins/CUA has an efficient and effective project management and controls system in place to manage the work. Atkins/CUA are included on the ORP Evaluated Supplier List for the ASME NQA-1 and as such, are at a very low risk for unsuccessful performance.

6. A description of efforts made to ensure that offers were solicited from as many potential sources as is practicable.

Historically the DOE has issued four (4) notices of intent to sole source requesting additional sources. In the 20 years, only one (1) source provided interest (1) however, the interested party needed the DOE to build or finance a facility in order to fulfill the requirements.

The DOE issued a sources sought notice on the Government Wide Point of Entry (GPE) on July 2020 requesting capability statements from Industry to ing industry to populate an interested party list, and one company ESSNOVA Solutions, Inc. submitted their name on the interested party list; see section 10 below for details.

The DOE will continue to look for industrial sources that may in the future have the capability to support the requirements; however, the DOE does not know of another source with the expertise and facilities that can support the requirements.

Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The estimated value of the base POP is $2,650,000 and an estimated $2,000,000 for each option POP for a total ceiling of $8,650,000. Priced option will be included and a determination and findings, , is being prepared for the Contracting Officer’s approval.

DOE will obtain a proposal with Certified Cost and Pricing Data for this new contract award. The will determine the price fair and reasonableness through cost analysis of the Contractor’s proposal as required by

FAR 15.4.

A description of the market research conducted and the results. Do not simply refer to the sources sought synopsis.

The DOE completed market research by contacting the glass industry companies to determine if their facilities had the necessary equipment and expertise. The DOE Glass Scientist also reviewed various technical and scientific journals to see if the industry had any new advances or facilities that might have created an additional source for the requirements. The DOE was not able to locate additional sources through market research.

Any other facts supporting the use of other than full and open competition.

Atkins/CUA is the contractor team that has the intellectual property and expertise of the HLW technology for the WTP project. This expertise includes development of the initial HLW and LAW glass formulations, design of the HLW and LAW melters and supporting equipment, and confirmation of the WTP HLW and LAW melter design through non-radioactive and limited radioactive testing and analysis.

No other company has the technology and engineering team that has the unique qualifications necessary to understand and complete this work to support the DOE startup of the LAW facility.

Atkins/CUA has operational glass testing and melter testing laboratories, VSL, necessary to complete the required work. This includes laboratories equipped to formulate castable refractory compositions, and analyze and characterize the that were used in establishing the design basis for the WTP Melters. These melters have glass production rates ranging up to 400 kg/day. These melters are essential to assess the processing behavior of the glass and verify the glass compositions.

The Atkins/CUA team has established unique testing capabilities for the WTP project. These capabilities include glass formulation, testing and characterization laboratories, and prototypical continuous glass melters for process testing. The glass melters range in scale from 10 kg glass per day to 1200 kg glass per day. The larger melter system is supported by a melter feed and melter offgas treatment system that was designed to simulate the WTP design.

The DOE wrote the technical data packages, specifications, engineering descriptions, and the statements of work (SOW) with performance based language and deliverables. The need for this sole source is not a result of the DOE not being able to identify the requirements in a manor to support competition.

The harm to the DOE if one of the melters has an early or premature failure is not only the monetary cost of approximately $30 million dollars, but also the environmental and regulatory issues if the vitrification process is unable to meet the treatment schedules and the regulatory milestones. The WTP design and testing programs involve first-of-a-kind systems and the knowledge Atkins has is invaluable and irreplaceable in addressing the identified risks and mitigating them early to avoid potential dangers.

10. A listing of any sources that expressed a written interest in the acquisition.

One company, ESSNOVA Solutions, Inc. (ESS) identified itself as an interested vendor on the Beta.sam website during the open period of the sources sought notice. ESS did not provide a capability statement, as required from the notice, in order to perform a full technical evaluation. The DOE in order to be thorough researched ESS and found that it self-identified its primary NAICS code as Custom Computer Programming Services. ESS has a capability statement, on its website, for Professional, Scientific, and Technical Services that the DOE technical team used to review ESS and determine if ESS could perform the requirements of the statement of work (SOW).

The ESS website did not have any evidence of glassmaking, melting of raw materials for glassmaking or operations of glassmaking furnaces nor any evidence ESS has been involved with any DOE or international waste vitrification operations. ESS also does not list the ASME NQA-1 qualification with its other certifications. As such, ESS’s capabilities do not meet the requirements of the SOW.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisition are anticipated.

The DOE will continue to the commercial and industrial glass companies and review scientific journals to locate any additional sources that have the capacity to fulfil the requirements in the future.

Certification certif accurate and complete to the best of my knowledge and belief.

Acquisition Initiator ___________________________ __________ Albert A. Kruger, Glass Scientist Date Waste Treatment and Immobilization Plant

Contracting Officer: ___________________________ __________ Jennifer Rooney, Contracting Officer Date DOE-ORP Contracts and Property Management

Program Senior Official: __ __________ Thomas Fletcher, Project Manager Date Waste Treatment and Immobilization Plant

Legal Counsel:

___________________________ __________>1M Michael D. O’Hagan Date DOE-ORP, Office of Chief Counsel

Approval

In accordance with 41 U.S.C. , a determination has been made that the supplies and services required by the agency are available only from one responsible source and no other supplies and services will satisfy agency requirements. This action is approved.

Competition Advocate: ___________________________ __________ >700K Ben J. Harp, Date

Competition Advocate, DOE-ORP Office of the Deputy Manager

Head of Contracting Agency >13.5M N/A

Senior Procurement Executive >68M N/A

ALBERT KRUGER

Digitally signed by ALBERT

KRUGER

Date: 2020.08.06 08:17:14 -07'00'

Jennifer L.C.

Rooney

Digitally signed by Jennifer L.C.

Rooney Date: 2020.08.06 07:57:04 -07'00'

Digitally signed by Thomas W.

Fletcher Date: 2020.08.10 10:02:10 -07'00'

MICHAEL

O'HAGAN

Digitally signed by MICHAEL

O'HAGAN

Date: 2020.08.13 09:57:19 -07'00'

BENTON HARP

Digitally signed by BENTON

HARP

Date: 2020.08.17 14:40:06 -07'00'