EERE T 542.006 JOFOC Final.pdf

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ERGY I Energy Efficiency & EERE T 542.006: Justification for Other Renewable Energy than Full and Open Competition (SAT)

Justification and Approval Document

OTHER THAN FULL AND OPEN COMPETITION

(Requirements ::5 $250,000)

This document sets forth the justification and approval as required by 13.106-l(b)(l) & (2).

1. EERE, Golden Field Office, Acquisition Office

2. Description of Action:

Requirement:

Pricing:

Funds:

D New t8:J Repeat t8:J Firm-Fixed Price D Time & Materials D Program t8:J Program Direction

Other:

3. Procurement History:

D Cost

Previous Contract or Purchase Order Number: DE-EE0007466 or D N/A

Previously competed? D N/A t8:J No D Yes If No, previous authority for less than Full & Open Competition: FAR 6.302-5. 41 U.S.C. 3304(a)(5)

Name of Intended Contractor: National Institute of Building Sciences (NIBS)

Street Address: 1090 Vermont Avenue, Suite 700

City, State, Zip: Washington, DC 20005

Phone: 202-289-7800

4. Description of Supplies/Services:

The estimated dollar value for this acquisition is-

The purpose of this justification and approval is to allow a sole source fixed priced "bridge" contract, not to exceed six (6) months, to allow sufficient time to solicit and award a new "follow-on" contract for the services for operational management services to support the Federal Energy Management Program (FEMP) buildings and energy management training program, including International Association of Continuing Education and Training (IACET) reaccreditation.

The scope of this performance work statement (PWS) relates to technical support services for FEMP, Office of Energy Efficiency and Renewable Energy (EERE), U. S. Department of Energy (DOE). Specifically, these services are for the management of FEMP's training program, which targets Federal buildings and energy management. This PWS addresses work associated with FEM P's mission to facilitate the implementation by

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CContract for contract award number

89243421PEE000044.

Template Version: September 26, 2018 2 the Federal Government of cost-effective energy and water management and energy-related investment practices dictated by the Energy Act of 2020 Sec. 543(i)(1), the Energy Independence and Security Act, the Energy Policy Act, the Federal Building Personnel Training Act, and OMB Scorecards.

The tasks focus on electronic assembly, storage, and dissemination of training related to buildings and energy management, as well as ongoing maintenance to keep the training current for the purposes of IACET accreditation. The FEMP training program is nationally recognized for providing technical and accredited training on a wide range of facility design, implementation, and operation and management topics relevant to Federal Agencies and the supporting energy management community. The FEMP Training Program’s purpose is derived from FEMP’s activities that result in increased knowledge, skills and abilities at agencies that enable Federal goal achievement.

The qualifications in this PWS represent the requirements needed to successfully perform the technical support services, but are not all-inclusive, and shall assist with determining the necessary personnel and skills needed.

1. Coordinate with the FEMP Training Lead and subcontractors to plan new and updated E-Learning Course, First Thursday Seminars and other live trainings that require IACET CEUs and a presence on the WBDG website as well as non-IACET accredited courses. Attend meetings and other presentations as needed;

2. Work with FEMP staff and subcontractors to compile course materials, modules and tests for posting to the WBDG website for accredited and non-accredited courses;

3. Create new or update existing database entries in the WBDG system for accredited and non-accredited courses;

4. Code course and test pages as needed for new or updated accredited and non-accredited courses;

5. Test accredited and non-accredited courses on the WBDG to ensure modules and test are functioning properly;

6. Manage and maintain FEMP Course Administration pages for reporting on accredited and non-accredited courses;

7. Work with FEMP to develop new features as needed on the WBDG website for FEMP courses and program the system to incorporate or update those features;

8. Submit FEMP courses, as appropriate, to the American Institute of Architects (AIA) and U.S. Green

Building Council (USGBC) for additional credits;

9. Provide FEMP with training event support, including webinar and system support for individual FEMP training events; and

10. Work with FEMP to develop an online training certificate series in support of the congressionally directed

Performance Contracting National Resource Center (PCNRC).

5. Authority Cited: FAR 13.106-1(b)(1) - For purchases not exceeding the simplified acquisition threshold (including all options), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available:

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(a) Only one responsible source and no other supplies or services will satisfy agency requirements, OR

(b) Unusual and compelling urgency.

*If brand name of item is only provided by one source, complete a separate Brand Name justification.

6. Reason for Authority Cited:

The National Institute of Building Sciences (NIBS) was chartered by Congress in 1974 to provide advice to the public and private sectors with respect to building science technology and regulatory issues. The legislation that established NIBS (P.L. 93-383) specifically authorizes agency and departments to: "contract with and accept contracts from the institute for specific services, where deemed appropriate, by the responsible Federal official involved."

NIBS does not compete for competitively awarded contracts and the following guidance is provided to help achieve uniformity and consistency with respect to contracting with NIBS:

• Agencies and departments should utilize the unique services provided by NIBS when such services are required;

• Section 809(g)(3) of P.L. 93-383 expressly authorizes agencies and departments to contract with NIBS.

Furthermore, 10. U.S.C. 3304(a)(5), states that full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source.

FEMP is currently in year two of a five-year accreditation cycle. An interruption in contractor support (or loss of access to the WBDG LMS) from the FEMP training team in the middle of this cycle would immediately put FEMP into a state of non-compliance with the ANSI-IACET 1-2018 Standard, with unacceptable consequences and delays that would result in:

• FEMP’s ineligibility to award IACET CEUs for currently accredited courses and all future courses, including 2021 FEMP Energy Exchange courses, until FEMP comes back into compliance with the ANSI- IACET 1-2018 Standard.

• FEMP’s inability to comply with the Government Performance and Results Act (GPRA). FEMP’s quarterly and annual training hours performance data and GPRA requirements are reviewed by EERE Core Executive Leadership, DOE Senior Management, OMB, Congress, and are used to demonstrate outcomes and efficiency for the Department and the Federal Government to the general public.

• Triggering of a time-consuming and expensive audit procedures by IACET of the FEMP training program and our accreditation.

If the award was made to another source, the completion of any resulting audit that IACET would require -including development of all new policies, processes, and procedures to ensure future compliance -- would take many years and result in excessive cost to the government. The FEMP training program would not likely recover. Additional details are provided in Attachment 1 titled “Attachment 1 – Continuation Other Information”.

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7. Actions to Increase Competition:

Updated and comprehensive market research is currently being conducted to identify potential additional sources for a new “follow-on” contract starting with a sources sought announcement which will be posted on Sam.gov website and each respondent’s capability statements will be reviewed for ability to perform all services outlined in the performance work statement.

8. Contracting Officer Determination that the Anticipated Price to the Government will be Fair and Reasonable:

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on previous price history and the independent government estimate through price analysis. The estimated dollar value for this acquisition is

9. Market Research:

Market research was conducted, and the results are provided in Attachment 2 titled “Attachment 2 – Market Research”. No source has ever been identified that can provide the unique combination of services that meet FEMP’s requirement. Updated and comprehensive market research is currently being conducted to identify potential additional sources for a new “follow-on” contract starting with a sources sought announcement which will be posted on Sam.gov and each respondent’s capability statements will be reviewed for ability to perform all services outlined in the performance work statement.

10. Reviews and Approvals:

Contracting Officer:

Steven L. Scott Department of Energy april.blodgett Cross-Out