JA_Bridge_Sign_Language_Interpretation_Services_Final_signed_pdf_1.pdf

NRC JUSTIFICATION AND APPROVAL Version Control Date: June 10, 2024

Page 1 of 8(NEAT-AMD-24-0002)

Justification and Approval (J&A) For All Commercial/Non-Commercial Contract Actions U.S. Nuclear Regulatory Commission

* The COR must get approval from their respective Contracting Officer to select the appropriate FAR reference below and supporting rationale prior to completing this document.

** You must select one option in order for the form to display.

FAR 6.302

FAR 8.405-6

FAR 13.106-1

FAR 16.505

FAR 19.808-1

FAR 13.5

FAR 19

Justification for Other Than Full and Open Competition (JOFOC)

Limited Sources Justification (LSJ)

Sole Source Justification for Acquisitions NOT Exceeding the Simplified Acquisition Procedures (SAP)

Ordering Justification for an Exception to Fair Opportunity (JEFO)

Sole-Source 8(a) > $25M Contracting with the Small Business Administration (The 8(a) Program)

Simplified Procedures for Certain Commercial Products and Commercial Services for Acquisitions Exceeding the SAP

Sole Source to Socioeconomic Small Businesses

Please contact your Contracting Officer (CO)/Contract Specialist (CS) or your point of contact in the Acquisition Policy, Planning and Support Branch for more assistance.

Contracting Officer's Representative (COR) Name and Email Jessica Center, Jessica.Center@nrc.gov

Title

SIGN LANGUAGE INTERPRETATION AND TRANSCRIPTION SERVICES

Requisition Number

OCHCO-26-0042

Product or Service Service

Program Office / Division

OCHCO/ADHROP

Award Date

Delivery Date (Supplies)

Current Period of Performance

Start Date

04/20/2026

Current Period of Performance

End Date

08/19/2026

Period of Performance Extension

Start Date (if applicable)

Period of Performance Extension

End Date (if applicable)

Total Estimated Contract Value (enter ONLY numbers, i.e., 12345)

$729,994.00 Proposed Funding Increase Amount (if applicable)

1. Nature and/or description of the action being approved.

Type of Action:

Type of Contract Vehicle: [NOTE: the CO will complete this section]

Purchase Order Blanket Purchase Agreement (BPA), BPA Call against FSS Contract/GSA Schedule Contract Task Order/Delivery Order against FSS Contract/GSA Schedule Contract Task Order/Delivery Order against an NRC Contract or GWAC Contract Other

New Award Follow-on Award Ceiling/Price Increase Extension

Stand Alone Contract

Page 2 of 8(NEAT-AMD-24-0002)

Description of Action:

This acquisition is intended to meet the requirements of the Rehabilitation Act of 1973 for providing effective reasonable accommodation to the Nuclear Regulatory Commission (NRC) staff who require sign language interpretation and/or transcription services in the performance of essential job functions. In addition, the NRC may utilize this acquisition to provide contractor support for assisting NRC job applicants during the hiring process, assisting the public at NRC public meetings or at NRC-sponsored events, and assisting NRC staff while utilizing the services of the NRC’s Employee Assistance Program (EAP), which are also required by regulation pursuant to the Rehabilitation Act.

2. Contract Type:

Fixed-Price (FP)

Cost-Reimbursement (CR)

Time-and-Materials (T&M)

Labor-Hour (LH)

Hybrid

Sole Source Yes No

Brand Name Yes No

Vendor Name Translation Excellence, Inc.

Contact Name Nisar Nikzad

Vendor Address 3300 S. Parker Road, STE 200 Aurora, Colorado 80014-1608

Email/Phone nnikzad@translationexcellence.com, 720-325-0459

3. Period of Performance & Total Value of Contract

Start Date End Date Option Period Value (Ceiling)

Base Period 04/20/2026 08/19/2026 $489,154.92 Option Period 1 08/20/2026 09/19/2026 $120,419.48 Option Period 2 09/20/2026 10/19/2026 $120,419.48 Option Period 3 Option Period 4 Option Period 5 Option Period 6 Option Period 7 Option Period 8 Option Period 9

Total Contract Value $729,993.88

4. Provide a background and description of the supplies or services required to meet the agency's needs, including the estimated value.

The objective of this contract is to allow for continued Contractor support to provide various sign language interpretation and transcription services to NRC staff. This includes: 1) sign language interpretation, and 2)

Page 3 of 8(NEAT-AMD-24-0002) transcription (i.e., TypeWell and Communication Access Realtime Translation (CART)) services. In addition, the NRC may request Contractor support for assisting NRC job applicants during the hiring process, assisting the general public at NRC public meetings or at NRC-sponsored events, and assisting NRC staff while utilizing the services of the NRC’s EAP.

The services under this contract are required by the Rehabilitation Act of 1973 (Rehab Act), the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). These services are necessary to ensure the agency complies with the applicable laws and is positioned to support reasonable accommodations for employees with disabilities, including those who are deaf or hard of hearing.

Description of Brand Name Supplies [Complete table if purchasing brand name supplies; includes NASA SEWP, GSA Schedule, or other GWAC Buy.] Click for 30 more lines

CLIN Manufacture Description Delivery Date

Part Number Quantity Unit Price Cost Estimate

Total Estimated Cost

5. Authority: [For this section, work with the CO/CS to select the appropriate authority below]

FAR 6.302 - Justification for Other than Full and Open Competition

Page 4 of 8(NEAT-AMD-24-0002)

FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements FAR 6.302-2 - Unusual and compelling urgency FAR 6.302-3 - Industrial mobilization; engineering, developmental, or research capability to be provided by an educational or other nonprofit institution or a federally funded research and development center (FFRDC); or to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

FAR 6.302-4 - International agreement FAR 6.302-5 - Authorized or required by statute. This includes: (1) Federal Prison Industries (UNICOR) 18 U.S.C. 4124 (see subpart 8.6). (2) Qualified nonprofit agencies for the blind or other severely disabled 41 U.S.C. Chapter 85, Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7). (3) Government Printing and Binding 44 U.S.C. 501-504, 1121 (see subpart 8.8). (4) Sole source awards under the 8(a) Program (15 U.S.C. 637), but see 6.303 for requirements for justification and approval of sole-source 8(a) awards over $25 million. (See subpart 19.8). (5) Sole source awards under the HUBZone Act of 1997- 15 U.S.C.657a (see 19.1306). (6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C.657f). (7) Sole source awards under the WOSB Program - 15 U.S.C. 637(m) (see 19.1506).

FAR 6.302-6 - National Security FAR 6.302-7 - Public Interest

6. Supporting Rationale:

The following rationale supports the use of the authority cited in Section 5 of this document. See brand name description if applicable.

FAR 6.3 Rationale:

Statutory authority: 41 U.S.C. 1901 FAR 6.103-2 Unusual and compelling urgency applies (previously FAR 6.302-2).

Sign Language interpretation is a highly specialized field. When used as a reasonable accommodation, successful interpretation relies upon technical acumen, familiarity with the Deaf and Hard of Hearing (D/HOH) person, as well as the nature of their communication with non-D/HOH individuals. Sign Language Interpreters need to be constantly aware of situational circumstances (tone, side-by-side conversations, and communication goals) while bridging a two-way language barrier (hearing to sign language and vice versa) in a timely and accurate matter. The proposed Contractor possesses demonstrated capability and experience to provide such services to the NRC. This experience includes sustained interaction with NRC D/HOH employees, understanding of agency operations, and familiarity with the technical subject matter commonly discussed in NRC settings. Further, their existent experience with the NRC and its employees allows for seamless continuity of service, without any typical learning curve requirements associated with onboarding a new provider, thereby reducing the risk of service delays or impairing the services being provided.

The NRC had a current contract for these specialized services; however, the contract ceiling and funding were exhausted. In February 2026, the NRC attempted to negotiate with SBA to increase the ceiling of the existing contract but was unsuccessful. The NRC also attempted to negotiate a 4-month bridge contract under the 8(a) program;

however, the selected vendor withdrew its proposal due to an inability to certify compliance with the limitations on subcontracting thresholds.

Despite the NRC’s best efforts to ensure these statutorily required services could be supported through other means, competitive action is no longer feasible to ensure continuity of service and avoid putting the NRC at financial risk.

Moreover, failure to provide support for reasonable accommodations to employees with disabilities covered by these

Page 5 of 8(NEAT-AMD-24-0002)

Federal statutes places the NRC at risk of violating the applicable laws. Violations may carry fines up to $300,000 per violation, as well as other monetary compensation. As such, the NRC has determined that the current circumstances for this requirement are of unusual and compelling urgency such that they warrant awarding a sole-source bridge contract to the incumbent contractor for four months and two one-month option periods. This approach ensures continuity of the required services and maintains compliance with the Rehab Act, ADA, and ADAAA while a follow-on procurement can be competitively awarded.

7. Market Research (MUST BE COMPLETED):

Market research is being conducted for the follow-on contract, to include capability presentations of qualified small businesses. However, a potential source with demonstrated capability that instills an acceptable level of confidence of successful performance has not been identified yet.

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

A notice was not publicized in SAM.gov because the procurement is using Other than full and open competition under RFO 6.103-2 Unusual and compelling urgency, therefore exempted under RFO 5.101(b)(2). No Sources Sought Notice was published in SAM.gov either.

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

The Contracting Officer will perform a price analysis and will only award a contract if the price is deemed to be fair and reasonable. The price will be considered reasonable if the level of effort is aligned with the request for quote, and the quoted hourly labor rates are comparable with historical data and/or publicly available price listing, such as GSA Federal Supply Schedules pricing for the same or similar services.

10. Any other facts to support justification:

508 Compliant Non 508 Compliant (please provide explanation regarding the below:)

NA

(a) The non-availability of conforming ICT, including a description of market research performed and which provisions cannot be met, and

(b) The basis for determining that the ICT to be procured best meets the requirements in the Revised 508 Standards consistent with the agency's business needs.

Sign language interpreting and transcription services are essential for NRC staff to perform their official duties. These services are required to ensure that NRC’s D/HOH employees receive reasonable accommodation in accordance with the Rehabilitation Act, ADA, and ADAAA. Violations for failure to accommodate can result in up to $300,000 in fines in

Page 6 of 8(NEAT-AMD-24-0002) addition to possible monetary awards to complainants (such as compensatory damages, back pay, and attorney’s fees).

Further, the process alone of receiving, responding, investigating and adjudicating complaints of disability discrimination expends the time and resources of the NRC:

• Counselor time

• Administrative tracking

• ADR program operation

• Contract investigator fees

• HR/EEO staff time

• Supervisor and witness time

• Data and document collection

• Records management

• Legal review

• Final Agency Decision

• Hearings

• Potential Settlement

The NRC currently employs three full-time employees who utilize these services. Any one instance of failure to provide these accommodation services exposes the NRC to these risks. Therefore, every hour of the work day the NRC might be exposed to $900,000 in liability cost alone. These findings may also incur posting requirements that reflect a negative reputation of the NRC among the executive branch, with licensees, employees, and potential future partners/ employees.

Further, failure to provide these services would prevent D/HOH staff from fully performing their assigned functions.

Mission-critical areas of IT security, corporate operations, and regulatory matters would be at risk of going unattended or even mis-operated due to difficulty communicating effectively.

11. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources have expressed an interest in the proposed acquisition.

12. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Market research and acquisition planning activities are being performed for the follow-on contract. The NRC is requesting SBA removes this requirement from the 8(a) program since the limitation on subcontracting hinders NRC’s ability from obtaining adequate sources for the required services.

AMD will closely scrutinize future requests for renewal of the Sign Language Interpretation and Transcription Services and will ensure that any restrictions to competition are adequately supported and documented.

13. Publicizing Contract Actions: [The CO/CS will complete this section.]

A presolicitation notice nor a solicitation notice will not be posted as exempted by RFO 5.101(b)(2). The approved

Page 7 of 8(NEAT-AMD-24-0002)

Justification for other than full and open competition (JOFOC) will be posted after contract award consistent with RFO 6.103-2(d). A synopses of contract award will be posted consistent with RFO 5.301.

In accordance with FAR 5.201 and FAR 5.301 this contract action will be publicized on System Award Management will not be publicized due to an exception in FAR 5.202: [if applicable, list exception below].

A synopses of contract award will be posted consistent with RFO 5.301.

Notes Regarding Regulation References:

The applicable template references have changed with the Revolutionary FAR Overhaul (RFO) as noted below:

FAR 6.302 Circumstances Permitting Other than Full and Open Competition: RFO 6.103 Other than Full and Open Competition FAR 6.302-2 Unusual and compelling urgency: RFO 6.103-2 Unusual and compelling urgency FAR 5.202 Exceptions: RFO 5.101(b) Exemptions

Page 8 of 8(NEAT-AMD-24-0002)

Approval Signatures:

Technical/Program Office Personnel Certification COR: only sign this document when this document has been approved by the CO.

Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or requirements or other rational for restricting competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Prepared By:

Program Office/COR Signature

The contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. CO certifies that the anticipated cost to the Government will be fair and reasonable.

The signature below represents the contracting officer's (CO) certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

Contracting Officer Signature

[If procurement action is greater than designated Contracting Officer warrant or the total value is from $750,000.00 ($800,000.00 or $1.5M for contingency operations) to 15M then approval of competition advocate is required]

Advocate for Competition Signature

[If procurement action is > $15M and <$75M, the Head of the Contracting Activity is required for signature.]

Head of Contracting Activity Signature

[If procurement action is >$75M, the Senior Procurement Executive is required for signature and this signature is not delegable.]

Senior Procurement Executive Signature

JESSICA CENTER Digitally signed by JESSICA CENTER Date: 2026.04.17 08:11:29 -04'00'

ARACELIS PEREZ-ORTIZ

Digitally signed by ARACELIS PEREZ-

ORTIZ

Date: 2026.04.17 12:52:30 -04'00'