Final_Approved_LSJ_NA28187_9.22.14.pdf

LIMITED SOURCES JUSTIFICATION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

OFFICE OF DEFENSE NUCLEAR NONPROLIFERATION

OFFICE OF FISSILE MATERIALS DISPOSITION

GS-23F0187P/DE-AT01-07NA28187

August 21, 2014

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Fissile Materials Disposition (FMD) of the Department of Energy (DOE), National Nuclear Security Administration (NNSA) plans to contract for additional National Environmental Policy Act (NEPA) Compliance Strategies and Documentation support by extending its current Task Order GS-23F0187P/DE-AT01-07NA28187 with Mele Associates, Inc. The contracting activity is the NNSA Non-M&O Contracting Operations Division, Services Acquisition Branch, Headquarters Program Section.

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

This acquisition action is to modify Mele Associates, Inc. (Mele) Task Order DE-A TO 1- 07N A28187 to extend the period of performance until September 26, 2015 and to increase the total value of the Task Order by $435,635 .70. The current Task Order was competed amongst the Department of Energy (DOE)/National Nuclear Security Administration' s (NNSA) Technical, Engineering and Programmatic Services Blanket Purchase Agreement (BP A) holders and was awarded to Mele on April 27, 2007 with a total award value of $25,982,881. The Labor Hour Task Order end date was originally April 26, 2012. Because FMD was in the middle of issuing the Draft Surplus Plutonium Disposition Supplemental Environmental Impact Statement (SEIS) at the time the Task Order was to expire in April 2012, the period of performance was extended on April 26, 2012 until September 26, 2013 , with no change in award value. FMD required another extension ofMele ' s Task Order DE-AT01-07NA28187 until September 26, 2014 to allow the contractor to complete the modifications to the document. The extension increased the Task Order value by $405 ,707.14 from $25 ,982,881.00 to $26,388,588.14. FMD now requires another extension of Mele ' s Task Order until September 26, 2015. The work to complete the SEIS was not completed in FY 2014 . The contract has been fully funded up to the contract ceiling of $26,388,588. The total estimated value of this extension is $435,635.70 which would increase the ceiling price of the Task Order from $26,388,588.14 to $26,824,223.84.

III. DESCRIPTION OF SERVICES

FMD is responsible for disposing of surplus U.S. weapon-grade plutonium in accordance with existing U.S. policy, public law (Section 4306 of the Atomic Energy Defense Act, 50 U.S.C.

2566), and the U.S .-Russia Plutonium Management and Disposition Agreement (PMDA). To support FMD with this mission, Mele will continue its prior work on the Surplus Plutonium Disposition SEIS, including completion of the Final Surplus Plutonium Disposition SEIS.

IV. LIMITED SOURCES AUTHORITY

The acquisition is being conducted under the authority of the Multiple A ward Schedule Program, The authority permitting limited sources as implemented by the Federal Acquisition Regulation (FAR) is Subpart Part 8.405-6 (a)(l)(i)(C), which allows for restricting competition, in the interest of economy and efficiency, if the new work is a logical follow-on to an original order placed in accordance with applicable Federal Supply Schedule ordering procedures.

V. JUSTIFICATION FOR USING THE LIMITED SOURCES AUTHORITY

At the time of the extension of Task Order DE-AT01-07NA28187, the programmatic schedule called for issuance of the Draft SEIS in April 2012, with final actions required through September 2013. Mele successfully completed publication of the Draft SEIS, managed the mandatory public comment period on the Draft SEIS, and prepared a concurrence draft of the Final SEIS and its accompanying comment response document within the schedule allotted.

It is currently difficult to determine how long it could take to complete the SEIS. While it is possible that the tasks to complete the document could be accomplished relatively quickly, it is also possible that it could take an additional year to complete the SEIS including: reviewing and revising text and the comment response document; potentially providing additional calculations and analysis; preparing and issuing the Final SEIS; collecting comments during the mandatory 30-day waiting period after the issuance of the Final SEIS and before DOE/NNSA could issue a Record of Decision (ROD); and completion of the final Administrative Record of the NEPA action. A one year extension of Task Order DE-AT01-07NA28187 (at a price of $435,635.70) will allow Mele to update and finalize the SEIS as originally planned.

Mele has the most comprehensive understanding of the FMD program as it or its subcontractors have been supporting the program's NEPA requirements since 2007. The contractor has collected over 400 source and reference documents, performed over 10,000 calculations including more than 1,000 accident and transportation analysis calculations. Mele has performed numerous population projections for over eight different regions including three regions surrounding Savannah River Site (SRS), one region around the Los Alamos National Laboratory, and two surrounding potential reactor locations. Mele has incorporated the suggestions and comments from hundreds of comments on the Draft SEIS into the draft Final SEIS. The project team includes individuals knowledgeable of the original 1999 Surplus Plutonium Disposition (SPD) Environmental Impact Statement (EIS), including the former project manager. The project team members are knowledgeable about the affected sites, projects, proposed alternatives, facilities and support facilities.

Transferring the SEIS to another contractor would cause an unrecoverable schedule delay of an estimated six months. Transfer would require approximately two months to close out and package source documents, references, and all associated files. In addition at least four months would be required for the new contractor to come up to speed on the scope, alternatives and source information and history associated with this complex document. There also would be duplication of costs incurred by the DOE/NNSA for this contract transition and closeout period.

Based on current labor rates, duplicative costs could be as high as $1M. There are also significant intangibles that would be lost through a transition of contractor.

VI. CONTRACTING OFFICER DETERMINATION OF BEST VALUE

The contracting officer has determined after considering the level of effort and the mix of skills available for the tasks needed, that the proposed action represents a reasonable total price and will be the best value for the Department consistent with FAR 8.404( d). This action represents the best value to the Government in accordance with FAR 8.405-6 (a)(l )(i)(C) in that the work is a logical follow-on to the original order placed on Task Order: DE-AT01-07NA28187 in 2007.

Retaining the existing contractor will allow the Government to meet the program's schedule for delivery of the SEIS ROD by approximately April 30, 2015 and will save the Government duplication of costs on the order of approximately $1 M.

VII. MARKET RESEARCH

Additional market research was not conducted for this action for the following reasons: the contractor' s performance currently exceeds the Government' s expectations; the best value determination from the previous solicitation is still relevant. Although, DOE/NNSA has an Enterprise Wide NEPA Master Contract with seven (7) contract holders, four small businesses and three large businesses that could perform the required SEIS Analysis, DOE/NNSA believes that there is no contractor capable of maintaining the schedule that the DOE/NNSA must meet to release the Final SEIS and ROD, with the same cost and efficiency, other than Mele Associates, Inc.

VIII. OTHERFACTS

Facilitating a competition for the Final SPD SEIS would create a significant burden to the Government and taxpayers in schedule delays, loss of productivity, and duplicative costs for not being able to proceed with implementation of programmatic actions, as well as loss of other intangible assets (such as contractor interactions, communications with key leads at multiple sites, locations and companies).

IX. STEPS TO FOSTER COMPETITION

This Task Order extension is appropriate for restricted competition because it is a logical continuation of work performed under the current Task Order; however, for any subsequent acquisition of the required services, NNSA will consider competing the requirement among the DOE-wide NEPA Master Contract holders. After the award of the new NEPA Master Contract, FMD plans to issue a new Task Order to address any actions beyond this SEIS.