EOP IV Extension JOFOC SAM.gov posting_Redacted.pdf

Class Justification for Other Than Full and Open Competition Department of Energy

Energy Information Administration

1. Identification of Agency/Contracting Activity.

The Department of Energy (DOE, Department, or Agency), Office of Headquarters Procurement Services (MA-64), located in Washington, DC, proposes to issue a contract modification to extend performance by means of other than full and open competition. This action is in support of the U.S. Energy Information Administration (EIA). This document sets forth the justification and approval (on a class basis) for the use of the exception from full and open competition as authorized under 41 U.S.C. § 3304(a)(1) and FAR 6.302-1(a) – Only One Responsible Source.

2. Nature and/or Description of the Action Being Approved.

DOE intends to issue sole source modifications to extend performance for eight (8) Indefinite- Delivery/Indefinite-Quantity (IDIQ) contracts awarded as part of the Energy Information Administration Omnibus Procurement (EOP) IV multiple-award IDIQ vehicle. The proposed action will prevent a break in performance by extending EOP IV by one (1) month while its multiple-award successor vehicle, EOP V, is completed.

The contract numbers/companies associated with the proposed action are as follows:

1. Contract No. DE-EI0002954 – Energy Research Alliance/Edgewater (UEI:

DA71PM1JFL51; CAGE: 3J4Z5)

2. Contract No. DE-EI0002951 – IMG-Crown Energy Services, JV (UEI:

G4XLNY9MGNN5; CAGE: 5JZP2)

3. Contract No. DE-EI0002952 – Telesis Corporation. (UEI: QGLKHDNEX3R5;

CAGE: 1HLV0)

4. Contract No. DE-EI0002895 – Z, Inc. (UEI: WJ31QJZTKTE5; CAGE: 08TS0)

5. Contract No. DE-EI0002953 – Zolon Tech., Inc. (UEI: XVE2FA8DRTL7; CAGE:

3HMJ5)

6. Contract No. DE-EI0002955 – ICF International, LLC (UEI: QHBLBNKKV4U3;

CAGE: 5M571)

7. Contract No. DE-EI0002956 – Leidos (UEI: QLNMVC12KWY3; CAGE: 5UTE2)

8. Contract No. DE-EI0002957 – General Dynamics Information Technology, Inc.

(UEI: SMNWM6HN79X5; CAGE: 6R517)

The current EOP IV IDIQ ordering period ends March 31, 2024. This proposed action will extend the ordering period through April 30, 2024. This 1-month period will be a single base period.

3. Description of Supplies/Services to be acquired.

DOE has a requirement to retain statistical and data analysis services that encompass the following disciplines, integrated as a comprehensive service solution, to continue supporting EIA’s energy intelligence mission:

1. Program Management;

2. Survey Operations for EIA’s Non-Supply Based Surveys;

3. Survey Operations for EIA’s Supply Based Surveys;

4. Energy Analysis and Modeling;

5. Information Technology Support;

6. Product/Service Development Production and Marketing; and

7. Organizational Support.

The objective of the EOP IV IDIQ vehicle is to provide the aforementioned support to assist EIA in serving as the Nation's premier source of energy information, and as the designated statistical and analytical entity within DOE. These services are integral in supporting EIA’s comprehensive data collection program that covers the full spectrum of energy sources and energy flows through the point of final end use consumption. This includes support for the following: 1) EIA’s generation of short- and long-term domestic and international energy forecasts and informative energy analyses; and 2) EIA’s dissemination of data products, analyses, reports, and services to customers and stakeholders (e.g. Congress; Federal and State governments; the private sector; the broader public; and the media).

EIA requires the EOP IV contract to support its mission to collect, analyze, and disseminate independent and impartial energy information to promote sound policymaking, efficient markets, and public understanding of energy and its interaction with the economy and the environment.

EOP IV Requirements – Anticipated Dollar Value of the Proposed Action:

The anticipated dollar value for the proposed sole source modifications is $0.00.

NOTE: The Government anticipates that the cumulative value of all task orders issued under each of the eight IDIQs (including task order awards anticipated during the contemplated extension period) will fall below the current IDIQ ceiling values of $285,000,000.00.

4. Statutory Authority for Other than Full & Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Determination that proposed contractors’ unique qualifications or the nature of the acquisition requires use of the authority cited.

The eight sources noted in Section 2 (hereafter referred to as the “EOP IV contractors”) are uniquely qualified as the only responsible sources able to satisfy the DOE’s statistical and data analysis needs during the contemplated extension period, as their incumbent status under the EOP IV vehicle uniquely positions these sources to fulfill those requirements. These unique requirements include security classifications, badging requirements, special licenses and certifications, and DOE-sponsored trainings and certifications required for performance. To onboard a new vendor, the EIA would need to allocate extra time for the vendor to complete the previously mentioned tasks. Then this new vendor would need additional time to be brought up-to-speed on the fundamentals of existing EOP IV projects to eventually perform the necessary work. While the formal re-procurement is nearly complete for EOP V, the capabilities of the EOP IV contractors are necessary to maintain the integrity of EIA’s work, and to support the Agency’s ability to sufficiently respond to any active/upcoming requirements during the 1-month extension period and the 90-day continuity period as defined in FAR 52.237-3 Continuity of Services, which was included in each IDIQ. As soon as EOP V is awarded, EOP IV will no longer be utilized, even if there is time remaining on the EOP IV extension.

Additionally, the change of course from task orders placed against the established IDIQs (FAR 16.505) to awards in accordance with FAR Parts 8,12, 13, or 15 would severely affect the ability of the EIA to meet its mission and result in unacceptable delays. These services procured under EOP IV are development-oriented and are thus treated as non-commercial. FAR Part 8 does not permit non-commercial acquisitions; FAR Part 13 only allows for non-commercial work under the Simplified Acquisition Threshold (most EOP IV work is above the SAT); and GSA OASIS and other similar vehicles, while FAR Part 16 (like EOP IV), do not have master Statements of Work that define the general requirements of EOP IV. Therefore, EIA would need additional time and resources for each procurement to confirm that interested vendors could even accomplish the highly specialized EOP IV work. Acquisition methods outside the EOP IV vehicle will pose a significant delay to EIA requirements, which will significantly harm economic reporting, meeting congressional mandates, and ensuring that accurate data is provided to help protect the health and safety of DOE operations.

The extension of the EOP IV contract will enable EIA to competitively award new task orders in a more timely and efficient manner amongst vetted contractors while the EOP V vehicle goes through the final stages of the formal re-procurement process.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practical, including whether a notice was or will be publicized as required by Subpart 5.2 and if not, which exception under 5.202 applies.

EOP V, the successor to EOP IV, is currently in the award phase. The unrestricted, Small Business Reserve solicitation for EOP V was posted to the Government Point of Entry (GPE) website (SAM.gov).gov on May 24, 2023 and closed July 12, 2023.

Further, a notification of this proposed contract action (EOP IV extensions) was posted to SAM.gov on March 13, 2024 in accordance with FAR Subpart 5.2, and closed March 28, 2024.

No responses were received.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated dollar value for the proposed sole source modifications is $0.00.

When the EOP IV IDIQs were awarded, it was noted that the cost proposals achieved adequate price competition and pricing was determined to be fair and reasonable using the procedures described in FAR 15.404. Since September 2016, task orders have been placed against these awards, and EIA/DOE has volumes of historical pricing to help determine the fairness and reasonableness of any prices offered during this proposed extension period. The Contracting Officer will not award task orders with pricing that cannot be found fair and reasonable based upon competition and/or historical EOP IV pricing.

8. A description of the market research conducted.

The current eight EOP IV vendors have the sufficient staff, knowledge, and expertise to perform any requirements that may arise during the 1-month extension period, as these vendors have been supporting EIA since 2016 on the EOP IV contract. Additional market research was not completed, as DOE is in the final pre-award stages for EOP V and intends to award as soon as possible.

9. Other Facts Supporting Use of Other than Full & Open Competition.

Not applicable.

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition.

A notification of the proposed contract action was posted to SAM.gov on March 13, 2024 in accordance with FAR Subpart 5.2. No responses were received.

11. A statement of actions, if any, that were taken to remove or overcome any barriers to competition.

The EOP IV IDIQs awarded were the result of a competitive solicitation. The objective of these contracts is to provide vehicles against which task orders for services in support of the mission of the EIA can be quickly competed. Without extensions, future work would have to be competed using FAR Parts 8, 12, 13, or 15, resulting in unacceptable delays and burdensome award processes when compared to the current EOP IV FAR 16.505 orders the EIA currently places.

During this extension period, the DOE anticipates award of the EOP IV’s successor, EOP V. To remove any barriers to competition, EOP V was advertised on the GPE via SAM.gov as an unrestricted competition with a Small Business Reserve (a new, innovative contracting approach) and included other innovative techniques, such as the Highest Technically Rated with a Fair and Reasonable Price evaluation methodology.

3/28/2024