Diamond JOFOC.pdf

United States Department of Energy

Justification for Other than Full and Open Competition

Support Services Contract with Bruce Diamond, an Individual Sole Proprietorship in the State of

Virginia, Time-and-Materials Contract

1. Contracting Activity: The United States Department of Energy (DOE), Office of Environmental Management (EM), located in Washington, DC, intends to issue, in accordance with FAR 6.302-3(a)(2)(iii), a Time-and-Materials contract through other than full and open competition to Bruce Diamond (Mr. Diamond), an individual sole proprietorship in the state of Virginia.

2. Nature and Description of Action: DOE EM is responsible for addressing the nation's

Cold War environmental legacy resulting from decades of nuclear weapons production and government-sponsored nuclear energy research. Under the West Valley Demonstration Project (WVDP) Act (P.L. 96-368), the Secretary of Energy is responsible for, among other things, conducting a high-level radioactive waste management demonstration project at the Western New York Nuclear Service Center (WNYNSC) in West Valley, New York, a facility owned by the New York State Energy Research and Development Authority (NYSERDA).

The WVDP Act also required the Secretary to enter into a Cooperative Agreement with New York State (the State) for the purpose of the State making available to DOE various facilities and wastes necessary to complete the WVDP.

Mr. Diamond will provide technical expert support services for the purpose of assisting DOE on potential disputes with NYSERDA regarding the WVDP. Mr. Diamond has historical knowledge regarding the WVDP and the associated waste-related challenges. Additionally, Mr. Diamond has historical knowledge of the various challenges associated with DOE achieving its goals.

The action to be approved is the negotiation of a Time-and-Materials contract with Mr.

Diamond.

3. Description of Services Required to Meet the Agency’s Needs: DOE EM requires support for technical expert services under FAR 6.302-3(a)(2)(iii). DOE EM will be conducting discussions with the State, which includes NYSERDA, about long-standing differences related to the WVDP. DOE EM seeks support from an expert possessing long-term institutional knowledge and experience regarding DOE EM, the State and the WVDP.

The technical expert services support contractor shall identify potential issues, collect information, and provide unique and specific approaches to assist agency decision makers.

For this particular project, DOE EM requires significant in-depth understanding of the parties’ history, approach, and problem-solving capabilities because the history between the parties is extremely complex.

This position involves providing DOE EM with additional necessary background information on DOE and NYSERDA positions related to the historical and long-standing differences between the agencies. Specifically, this position will provide technical expert services to DOE EM regarding historical issues and previous discussions between DOE EM and NYSERDA. Technical expert services related to the development of various strategic approaches related to potential disposal of Greater-Than-Class-C (GTCC)-like waste at the WVDP and WNYNSC will assist DOE in discussions with NYSERDA. The position involves supporting DOE EM in its development of potential reasonable approaches that could resolve the long-standing differences between DOE and NYSERDA.

The position will also involve supporting DOE EM in the development of its potential strategies for discussions with NYSERDA to achieve DOE objectives and support DOE EM as DOE EM engages in discussions with NYSERDA representatives.

This work scope is expected to result in a period of performance of up to one year. The estimated value of this contract is up to $240,000.00.

4. Statutory Authority for Other Than Full and Open Competition: The authority for this proposed action is 10 U.S.C. § 2304(c)(3), 41 U.S.C. § 3304(a)(3), and FAR 6.302- 3(a)(2)(iii). These sections provide justification that full and open competition need not be provided to acquire the services of an expert for any current or anticipated litigation or dispute.

5. Contractor Qualifications: Mr. Diamond is an attorney, who was employed in the DOE General Counsel’s office, and during his DOE career gained historical knowledge and understanding of the WVDP cleanup. Mr. Diamond possesses historical knowledge regarding DOE discussions and positions on the WVDP. He also possesses historical knowledge on discussions with NYSERDA and the State related to prior litigation involving DOE and the State at the WVDP. Mr. Diamond’s historical knowledge of the WVDP as well as DOE and the State’s positions in prior litigation will assist DOE EM in developing strategy and potential resolutions to the remaining unsolved issues at the

WVDP.

6. Efforts to Solicit Additional Sources: On August 12, 2024, DOE issued a Notice of Intent to

Award a Sole Source Contract posted through sam.gov. The posting was active for 3 days and expired August 15, 2024, in accordance with FAR Part 13 and FAR 5.203. DOE did not receive responses to the Notice of Intent from any interested parties.

Mr. Bruce Diamond was selected as one individual possessing the requirements of FAR 6.302-3(a)(2)(iii). Although not required by FAR 6.302-3(a)(2)(iii), no other individuals possessing Mr. Diamond’s knowledge, skills, and abilities were identified through the Notice of Intent.

7. Other Facts to Support the Determination: None.

8. Determination of Reasonable Price: The total estimated value of the contract is up to approximately $240,000.00 with a one-year period of performance. The price was evaluated using one or more of the techniques defined in FAR Part 15 in order to determine whether it was fair, reasonable, and complete. Reasonableness is established through cost and price analysis techniques as described in FAR Subpart 15.404. A comparison of the proposed price with costs or prices for similar services, especially those currently performing various litigation services for contracts with DOE, was performed to ensure the price was fair and reasonable. All costs incurred will be subject to audit.

9. Market Research: In accordance with FAR 10.002(b)(2), techniques “for conducting market research may include any or all” of the various listed acceptable techniques, several of which were performed by the Contracting Officer. The Contracting Officer performed the following market research activities. In accordance with FAR 10.002(b)(2)(i), the Contracting Officer contacted knowledgeable individuals in Government and industry regarding market capabilities by interviewing various Government workers. In accordance with FAR 10.002(b)(2)(ii), the Contracting Officer reviewed the prior results of recent market research undertaken to meet similar or identical requirements. In accordance with FAR 10.002(b)(2)(iv), the Contracting Officer queried the Governmentwide database of contracts and other procurement instruments. In accordance with FAR 10.002(b)(2)(vii), the Contracting Officer reviewed various labor categories and rates that were similar to this position through the General Services Administration (GSA) to identify labor categories and rates. Mr. Bruce Diamond was identified as one individual possessing the requirements of FAR 6.302-3(a)(2)(iii) and had additional qualifications and experience which will provide benefits to DOE.

10. Listing of Interested Sources: None. After a Notice of Intent was posted through sam.gov, DOE did not receive notice of any other interested sources for this procurement.

11. Actions to Overcome Barriers to Competition: The Government will continue to look for possible other experts for future requirements, and ensure competition is executed to the maximum extent practicable.

12. Certification:

i. By the Contracting Officer’s signature on the following page, it is hereby certified that this Justification for Other than Full and Open Competition is accurate and complete to the best of the Contracting Officer’s knowledge.

ii. By the Acquisition Initiator’s signature on the following page, it is hereby certified that the supporting data, which is the responsibility of the technical and requirements personnel, used to form a basis for the Justification for Other than Full and Open Competition is complete and accurate.

Acquisition Initiator:

Bryan Bower Date Director

West Valley Demonstration Project

Approval:

Contracting Officer: Jennifer K. M. Splitt

EMCBC—Office of Contracting Date