ATTACHMENT_1_-_JOFOC_Environmental_Management_Consolidated_Technical_Support_Servicesasw_(002)_1.pdf

Justification for Other than Full and Open Competition U.S. Department of Energy

Environmental Management Consolidated Technical Support Services (CTSS)

Contract Number 89303319DEM000023 BTP Services, LLC

Ordering Period– July 30, 2019 to July 29, 2024

1. Identification of the agency and the 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 Environmental Management, Consolidated Business Center (EMCBC), intends to issue a modification to the Environmental Management Consolidated Technical Support Services (CTSS) contract, Contract No.

89303319DEM000023, by means of other than full and open competition. This document sets forth the Justification and Approval (J&A) for the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act of 1984.

2. The nature and/or description of the action being approved – sole source.

This Justification is for Other Than Full and Open Competition (JOFOC) in accordance with Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” and 41 United States Code (U.S.C.) 3304(a)(1).

DOE intends to modify the current CTSS contract to increase the Maximum Value of Services for additional support to the Office of Environmental Management with objective assistance at the highest levels of program planning, definition, execution and evaluation in multiple areas including: Safety, Security, Emergency Preparedness, and Quality Assurance;

Environmental, Health, Safety and Quality; Security; Technology Development; Major Construction, Decommissioning or Demolition, and modifications; Infrastructure Management and Disposition; Waste and Materials Management; Regulatory, Intergovernmental, and Stakeholder Engagement; Resources Management; Acquisition and Contract Management. There is no change to the Performance Work Statement of the contract.

Existing CTSS staff and subcontractors utilized have the appropriate background, experience, and qualifications to support the increased effort at a very high level. The CTSS contract is a Small Business Administration 8(a) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract.

Time and Materials and Firm Fixed Price task orders may be issued off of the IDIQ contract.

The total value of the services ordered to date is approximately $47.2 million (M). The estimate for the increased technical assistance is approximately $35M. This action will increase the Maximum Value of Services approximately 69% from $49.5M to $83.5M.

Environmental Management BTP Services, LLC.

Contract No. 89303319DEM000023 Modification P00004

3. A description of the supplies or services required to meet the agency’s needs:

The primary mission of the U.S. Department of Energy (DOE) Environmental Management Headquarters Office is to safely and efficiently address the environmental liability resulting from decades of nuclear weapon production and government sponsored nuclear energy research.

DOE Environmental Management (EM) relies upon expert and highly effective contractor support to address complex, diverse and ever-changing needs. Due to the diversity and complexity of the support provided by BTP on this contract, DOE EM previously relied on multiple small business and 8(a) contractors to provide the required support. In 2019, EMCBC issued CTSS, an IDIQ that consolidated the scope of more than 15 DOE EM Headquarters support contracts into one source of comprehensive technical support.

The CTSS contract provides DOE EM with technical, business, and systems support for Safety, Security, Emergency Preparedness, and Quality Assurance; Environmental, Health, Safety and Quality; Security; Technology Development; Major Construction, Decommissioning or Demolition, and modifications; Infrastructure Management and Disposition; Waste and Materials Management; Regulatory, Intergovernmental, and Stakeholder Engagement; Resources Management; Communications; Acquisition and Contract Management. In addition, the CTSS contract is being utilized by the Naval Reactor Program, Niskayuna, New York (NNY) Separations Process Research Unit (SPRU), Environmental Management-Los Alamos (EM-LA), Oak Ridge Environmental Management (OREM) NNY SPRU, EM-LA, OREM and EMCBC to fulfill very diverse and complex requirements that are crucial to DOE EM’s mission.

The US DOE EM has a need for increased technical support services not anticipated at the time of contract award to support EM through the end of the contract ordering period. The requirements for this contract were reasonably established based on historical burn rates for EM Headquarters services. However, utilization across DOE EMHQ and the EM complex are significantly higher than anticipated.

The Table below identifies the ratio of utilization for the current awards; 15% of which are non-EM HQ program offices. The EMCBC continues to re-direct EM complex (non-HQ) to other contract resources due to the limited ceiling availability.

Inception to Date Utilization Task Order Value % Total

EM 1/2 778,922.60 2%

EM-3 9,472,506.02 20%

EM-4 15,325,508.96 32%

EM-5 14,981,053.33 31%

Other (non-EM HQ) 7,361,325.87 15%

47,919,316.78 100%

Environmental Management

The CTSS contract is highly sought after by the various DOE EM program offices and sites due to their exceptional ability to provide technical subject matter experts who possess significant program knowledge, expert resources and extensive experience supporting major DOE programs. Additionally, the CTSS contract is sought to solve emerging issues that require uniquely technical resources. While the ordering period is only 48% complete, EM has ordered 98% of the available ceiling. This modification will not revise the scope of the work described but will increase the Maximum Value of Services to allow the government to continue to order work through the contract ordering period.

As such, DOE is executing this JOFOC for a timely issuance of a contract modification to ensure the continuation of crucial support to the DOE EM program offices and sites.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a) (1), as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

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

The CTSS contractor is an 8(a) small business joint venture with other small businesses currently providing technical support services to more than 20 EM-HQ offices in the following technical areas: Field Operations; Regulatory and Policy Affairs; and Corporate Services. The contractor has provided more than 200 Subject Matter Experts and technical professionals support of the DOE EM program offices and sites to date on this contract.

BTP Services, LLC (BTP) helped prepare the Assessment of Nuclear Materials Processing and Handling Infrastructure in the Department of Energy Complex, a DOE-wide assessment of current/projected nuclear material inventories requested by S-4. The report provided DOE with an integrated, complex-wide understanding of mission needs, schedule drivers, and processing capabilities to reduce cost and schedule. The BTP Team members received Special Achievement Awards for their outstanding effort in compiling this comprehensive report. BTP also created the EM Staffing Tracker (eStaffAct) for the Office of Workforce Management, which is used to efficiently track and report to EM-1 the status of staffing plans, onboarded positions, vacancies, retirement eligibility, and workforce demographics, including workforce diversity and leadership profiles. BTP promptly delivered technical personnel to solve emerging issues in Fire Protection, Nuclear Materials Infrastructure, and DOE Real Estate. On very short notice, BTP provided technical experts with Federal Lease expertise that were essential to assisting the Office of Environmental Management in understanding the unique requirements necessary for this particular land lease for the Advance Manufacturing Capability Laboratory that was being constructed by the Department on the University of South Carolina Aiken Campus. BTP support allowed the Department to gain OMB approval to proceed with completing the land lease and commence with the

Environmental Management project. This was a high visibility issue requiring briefings to the Deputy Secretary and Senator Lindsay Graham’s staff.

BTP processed over 75 contract modifications in FY21 and issued more than 385 modifications to their subcontracts thus far over the contract period to meet DOE EM’s unforeseen and urgent request for additional support. DOE intends to issue a new competitive solicitation within the next six months for a follow-on CTSS contract. Based on the amount of time it took to get the current CTSS contract in place, it will take approximately 18 to 24 months to get the follow-on contract in place. It would not be practical to issue a competitive solicitation for the additional anticipated $35M in services that will be needed by the various DOE EM program offices and sites before a new competitive follow-on contract can be awarded.

Between FY21 to FY22 Q1, EM gained 161 federal employees but lost 165 federal employees mostly to resignation, retirements and termination and DOE EM HQ is currently staffed at only 83% of its available staffing ceiling. On average, DOE EM program offices are staffed to only 85% of their available ceilings. EM federal hiring delays attributed to approval of EM staffing plan, high number of retirements, delay in job offers due to clearance requirements and competitive offers from other federal agencies. The CTSS contract is able to provide technical resources to ensure continuation of EM mission requirements. At the start of and throughout the COVID-19 pandemic, BTP responded quickly and very effectively to the constantly evolving state laws, resulting in prolonged shutdowns, and contractual requirements. The state of New York instituted a one-week COVID-19 quarantine for anyone coming to work on the SPRU site from out-of-state. To keep productivity up and continue work uninterrupted, BTP personnel at SPRU worked on a rotating on/off schedule to work remotely from their hotel rooms to meet the quarantine requirement without impacting schedule.

DOE did not anticipate this significant increase in contractor support required at the time the contract was awarded which was due in part to the constantly evolving state laws and contractual requirements resulting from the COVID-19 pandemic. DOE EM is also starting the process of re-entry into the workplace. Transitioning more than 200 Subject Matter Experts and technical professionals to another contractor with an entirely different management structure at this time would cause broad disruptions, increased administrative burden on federal staff and potentially significant deliverable delays across the entire EM Complex. Transitioning to a new contractor now would also result in a significant increase in costs as the current contract has labor rates incorporated into the contract for the remaining two years of the ordering period and a new contractor would very likely propose higher labor rates across all the labor categories to better hedge against the cost risk associated with the ongoing COVID-19 pandemic. Over the last two years, BTP has consistently proven that it has the knowledge, expertise, and skill to meet EM’s needs in a timely and cost-effective manner despite the COVID-19 pandemic.

Environmental Management

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether FedBizOpps announcement was made and what responses, if any, were received, and include the exception under FAR 5.202 when not synopsizing. Describe whether any additional or similar requirements are anticipated in the future.

DOE only awarded this competitive 8(a) small business contract two and half years ago.

DOE understands the burden competitive acquisitions place on 8(a) small businesses and does not want to increase that burden by prematurely starting a new competitive 8(a) acquisition. DOE intends to start a new competitive 8(a) acquisition process to replace this contract in May 2022 in order to have a follow-on contract in place far enough in advance of the contract expiration date of July 29, 2024, to allow for at least a 60-day transition period.

7. Cite the anticipated dollar value of the proposed acquisition including options if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. When exceptional circumstances exist that require the POP to exceed one year, the JOFOC shall state priced option period(s) will be included and that a determination and findings is being prepared for the Senior Procurement Executive’s approval.

This modification will increase the Maximum Value of Services of the IDIQ contract by $35M. Any increase in additional work or new task orders will be negotiated on a task order by task order basis. The Contracting Officer will negotiate a fair and reasonable price on each individual task order using the pre-established labor rates. Throughout the COVID-19 pandemic, BTP employed highly effective strategies to ensure the optimal use of its resources in providing crucial services to DOE EM in a cost effective and timely manner.

The labor rates that are in the current contract were previously determined to be fair and reasonable and will be utilized. They were competitively bid rates as the original award was a competitive 8(a) procurement.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Do not simply refer to the sources sought synopsis.

The CO intends to post a Sole Source Synopsis and this JOFOC for the increase in contract ceiling modification. This JOFOC will be amended to reflect the responses, if any, to the synopsis.

Environmental Management

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

No other facts supporting use of other than full and open competition have been identified beyond those discussed herein.

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

None

Environmental Management BTP Services, LLC.

Contract No. 89303319DEM000023 Modification P00004

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator

Kimberly Knopf Date

Administrative Contracting Officer:

Courtney Stallworth Date

Operations C Branch Chief:

John Blecher Date

Assistant Director, Office of Contracting:

Aaron Deckard Date

Environmental Management BTP Services, LLC.

Contract No. 89303319DEM000023 Modification P00004

Legal Review:

Paul Sian Date

Approval:

Competition Advocate:

Angela Watmore Date