Competition_Advocate_Approval_for_Limited_Sources_Justification_Redacted_UPDATED.pdf

Limited-Sources Justification U.S. Department of Energy

Office of Packaging and Transportation (OPT) Transportation Emergency Preparedness Program (TEPP)

Task Order No. 89393319FEM400084 Technical Resources Group, Inc. (TRG)

Period of Performance-- April 1, 2019 to March 31,2024

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, Office of Packaging and Transportation (OPT), intends to issue a modification to the Teclmical Resources Group, Inc. (TRG) Task Order No. 89393319FEM400084, 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 actio-n being approved- sole source.

This Limited-Sources Justification is 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(aJ(I ).

TRG reviews standards and regulations at both the state and iCdcrallevels to identify current requirements and/or changes that affect the Department of Energy (DOE) Transpmtation Emergency Preparedness Program (TEPP). The contractor notifies DOE of changes and assists in conducting no less than two (2) and up to four ( 4) exercises per calendar year to validate responder capability to mitigate a radiological transportation incident. The contractor is responsible tbr providing support services in developing and producing training videos that includes various TEPP-related activities. The -contractor annualiy delivers up to 200 DOE Modular Emergency Response Radiological Transportation Training Program (MERRTT) classes to emergency responders at various locations and ensures classes incorporate up-to date curriculum.

The cmTcnt ceiling value for the TRG task order is approximately $4.5 million on a Time & Material (T&M) task order issued against GSA task order GS-10P-03000W. The three. year base period of the task order has a ceiling price of $2.67 million and runs from 2019 to 2022.

The current task order scope includes two option periods. This action wiil increase the Senior Technical Support Specialist (STSS) labor category from one to three full-time equivalents and from for each year of the five-year task order period of performance. This will increase the value of task order by approximately $2 million fi'om $4.5 million to $6.5 million if all options are exercised.

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

FOR OFFICIAL USE ONLY

PROCUREMENT SENSITIVE- FAR 2.101 AND FAR 3.104

In an effort to address responder concerns, the Office of Packaging and Transportation (OPT) EM~4.24, retooled its approach to emergency responder preparedness and implemented the more simplified and responder~ friendly Transportation Emergency Preparedness Program.

TEPP is a component of the overall comprehensive emergency management system established by DOE Order (DOE 0) 151.1, Comprehensive Emergency lv!anagement System and specifically named in 460.2A. It integrates a basic approach to transportation emergency planning and preparedness activities under a single program with the goal of ensuring that DOE, its contractors, and state, tribal, and local emerg~ncy responders are prepared to respond promptly, efficiently, and effectively to accidents involving DOE shipments of radioactive material.

The initial TEPP contract was awarded in 2005 to Tedmical Resources Group, Inc., a certified woman-owned small business. In 2010, the requirements were re-competed as a total small business set-aside under GSA Schedule, Special Item Number 899-1, Environmental Consulting Services. An RFQ was sent to three small businesses, including the incwnbent. Only the incumbent submitted a quotation. In 2016 and 2019, the task order was re-competed as a total small business set-aside under Environmental Consulting Services with TRG receiving the task order. TRG was the only company to submit a quote in 2019.

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 usc of the authority.

TRG has provided TEPP support services since 2005. Without the increase in task order ceiling, the DOE will not be able to provide the same level of support as in previous years.

TRG previously provided three full-time equivalents and of support per year under the Senior Technical Support Specialist labor category on the previous task orders/contract as well. The number ofhours for this labor category was entered as in the RFQ was in eiTor. It is not feasible to compete the additional requirements since educating and qualifying another contractor on this unique and complex task would cause considerable delays and significant costs. Since these requirements were initially competed in 2005, TRG has been the only company to submit a quotation in response to the solicitation with the exception of 2016 when one other company submitted a quotation. Even if there were other qualified companies interested in performing the additional requirements, this would result in a duplication of indirect expenses and would require significantly more coordination between DOE and the two contractors to ensure the same quality of services.

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

DOE does not anticipate the need for any additional increases in the ceiling value of this task order in the future; however, DOE does anticipate a continuing need for these services beyond the current task order period of performance at the level they are being increased to.

Prior to the end of the current task order period of perfom1ance, DOE plans to issue another competitive solicitation through FedCmmect and GSA EBuy. Solicitation Number 89303319QEM000006 was posted through FedConnect and GSA EBuy on February 20, 2019 underthe GSA Schedule, Special Item-Number 899wl Environmental Consulting Services. The task order was approved as a 100% small business setwaside for a Time and Materials (T &M) task order. The primary NAICS code for this procurement was 541620, Environmental Consulting Services, with a size standard of$15 million.

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 L-imited-Sources Justification shall state priced option period(s) will be included and that a determination and findings is being prepared for the Senior Procurement Exe-eutive's approval.

The new estimated total due to the increased hours, if both option years are exercised, is . Thes-e rates arc deemed fair and reasonable by GSA. The table below shows how the re.vised the task order ceiling was calculated.

B p ,. eriod Y 1 A n 2019 'ear (Apn , through :Marcb'31, 2020 ) . Discounted

GSA Fully

Estimated Schedule Percent Burdened E:l.ieuded Ove'rtime

Labor Category

Y

Price Base Period 1 through 3, Plus Total Price Option Period 1 and 2)

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.

No market research was conducted due to the fact that this is an addition of hours to the current task order. TRG has been substantially involved in this task since 2005. No other small businesses submitted a quote to the RFQ when it was re-competed on GSA earlier this year or in the pre'vious years when a competitive solicitation was issued with the exception of

2016 when one other company submitted a quotation. The Lirnited~Sources Justification will be posted publically on JJJffis:UwwwJbo.gov within 14 days after the modification to the task order is executed to increase its ceiling and will remain there for at least 30 days pursuant to FAR 8.405-6(a)(2).

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.

IO. A listing _of sources, if any, that expressed a written interest in the acquisition.

None

I I. A statement of actions the agency may take to remove or overcome any barriers to com petition if subsequent acquisitions are anticipated, None

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/ Administrative Contracting Officer:

J~r~ . Germarm

Lead Procurement Official:

G.cPPJ)_. _ _ _ Name ~

Legal Review:

r~~- I ..

Approval:

Competition Advocate:

'}/t1(LL Date

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Date

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