Final Signed Attachment 1 - 89303323DEM000087- CTSS JOFOC- signed HCA.pdf

UNITED STATES DEPARTMENT OF ENERGY (DOE)

OFFICE OF ENVIRONMENTAL MANAGEMENT (EM) HEADQUARTERS (HQ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR

CEILING INCREASE TO THE EM HQs CONSOLIDATED TECHNICAL SUPPORT

SERVICES (EM HQ CTSS) BRIDGE INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) CONTRACT WITH CATAWBA-TEA, LLC

This justification is prepared in accordance with FAR 6.303-2 (d).

1. Description of the needs of the agency concerned for the matters covered by the contract.

This action is for a sole source modification to the current EM HQ CTSS Bridge IDIQ contract (89303323DEM000087) awarded to, Catawba-TEA, LLC, to increase the maximum value of services by $35M for additional support to EM including objective assistance at the highest levels of program planning, definition, execution and evaluation in multiple areas such as: Safety, Health, Security, Emergency Preparedness, Infrastructure Management and Disposition, and Quality Assurance.

As a Secretarial Initiative, the CTSS contract is highly sought after by various DOE EM program offices and sites due to its broad scope and ability to solve emerging issues that require unique technical resources. Because of the contract’s popularity, broad scope and specialized expertise, while the ordering period is only 50% complete, EM has ordered 95% of the available ceiling. Escalations in support contributed to: Clean Energy support initiatives; implementing EM Program Management Protocol (EM PMP), Office of EMCBC Cost Estimating and Office of Program and Planning are supporting sites in development of Federal Life-Cycle Estimates (FSLEs) which are reviewed by HQ Integrated Project Teams;

Office of Safeguards and Security to support foreign, ownership, control or influence (FOCI), classification, emergency management and preparedness, and emerging missions for effective oversight to EM HQ and Field Locations; technical expertise to Office of Infrastructure and Deactivation & Decommissioning (D&D); and initiatives within Office of Workforce Management to meet EM’s strategic workforce goals. This modification will not revise the scope of the work described but will increase the maximum value of services to allow the government to continue to order work through the pre-award process of competing a new 8(a) contract award. The value of the contract increase is $35,000,000.00 from $27,500,000.00 to $62,500,000.00. The ordering period will not be extended.

Justification for Other than Full and Open Competition U.S. Department of Energy

Environmental Management Catawba-TEA, LLC.

Contract No. 89303323DEM000087 Modification P00003

2. A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract.

The specific statutory provisions that authorizes the use of noncompetitive procedures are as follows 41 U.S.C. §3304 (15 U.S.C. §637(a)).

In accordance with FAR 19.805-1(b), where an acquisition exceeds the competitive threshold, as provided in FAR 19.805-1(a)(2), the SBA may accept the requirement for a sole source 8(a) award if-

(1) There is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price; or

(2) SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation (ANC).

The SBA granted acceptance of award to the Indian tribe on October 25, 2022.

3. A determination that the use of a sole-source contract is in the best interest of the agency concerned.

The use of a sole-source modification to increase the maximum value of services of the bridge IDIQ contract with Firm-fixed-Price and Time-and-Materials task orders is in the best interest of DOE because it:

• Supports EM’s continued commitment to increase utilization of qualified small businesses;

• Prevents another transition of more than 200 Subject Matter Experts and technical professionals with an entirely different management structure at this time, causing broad disruptions, increased administrative burden on federal staff and potentially significant deliverable delays across the entire EM Complex;

• Gives EM enough time to complete the competitive re-compete of this requirement without a lapse in critical services;

o The previous CTSS IDIQ contract with BTP, 89303319DEM000023, was valued at $84,500,000.00 with a 5-year ordering period.

o The value of the following competitive 8(a) Cost Plus Fixed Fee contract is anticipated to be $90,000,000.00 with a 5-year period of performance.

Environmental Management

4. A determination that the anticipated cost of the contract will be fair and reasonable.

All work under this IDIQ contract will be completed under task orders. Technical and cost evaluations will be conducted for each task order to determine costs to be fair and reasonable.

Independent Government Cost Estimate (IGCE)s will also be performed when required.

5. Such other matters as the head of the agency concerned shall specify for purposes of this section.

Pursuant to FAR 6.305, this justification will be made publicly available within 14 days after the modification to the EM HQ CTSS Bridge IDIQ contract and will remain posted for a minimum of 30 days.

6. CERTIFICATION

PROJECT OFFICE: I certify that any supporting data that is the responsibility of technical or requirements personnel and which form a basis for the justification have been certified as accurate and complete.

Kimberly Knopf Date Contracting Officer’s Representative

EM-5.111

CONTRACTING

OFFICER: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Courtney Stallworth Date Contracting Officer

EMCBC-Office of Contracting

Environmental Management

CONCURRENCE:

Paul Sian Date Legal Counsel

EMCBC-Office of Legal Services

Amber Gray Date EM Contracting Activity Competition Advocate

7. APPROVAL

Angela Watmore Date Head of Contracting Activity