JEFO FY21-041_NTF Support_FINAL.pdf

Justification for Exception to Fair Opportunity

JEFO No.: FY21-041 Dated 3/22/2021 - 1 -

JEFO No.: FY21-041

Date: 03/22/2021 PR Number: RWRD-21-0015

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Countering Weapons of Mass Destruction Acquisition Division (CWMDAD), prepared this Justification for the Exception to Fair Opportunity.

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

Nature of Action:

DHS/OPO intends to award a task/delivery order without considering other awardees under the General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) Unrestricted Track, contract number GS00Q14OADU143 pursuant to FAR 16.505(b)(2)(i)(A).

Description of Action:

CWMD intends to award a Time and Materials Task Order using the GSA OASIS Unrestricted contract vehicle. CWMD requires the contractor to provide continued Technical Forensics Support to maintain continuity of services during the pending transition of the Nuclear Forensics mission from DHS, CWMD to Department of Energy, National Nuclear Security Administration (NNSA). CWMD began the process to transition the National Technical Nuclear Forensics (NTNF) mission, including the requirement for program support currently provided by Noblis, Inc, to the Department of Energy in the spring of 2019 per an agreement of the Assistant Secretary for CWMD, and his counterpart at the National Nuclear Security Administration (NNSA). It was anticipated that the transition would be accomplished by the end of FY20, and to be enacted in FY21. As a result, the current task order’s period of performance was initially expected to have lasted the entirety of this transition period, with CWMD no longer needing any form of contract support for a program anticipated to be funded and maintained by the Department of Energy.

However, there were unexpected delays in the Presidential Policy process led by the National Security Council and there was a failure to get Congressional approval for the transfer as part of the National Defense Authorization Act process. As a result, DHS is required to continue this mission in some form at least until the end of FY21 (conditioned on a legislative change anticipated in FY21). As of February 2021, the transition is still in progress with the new Presidential administration. Currently, bi-partisan legislation has been introduced to the Congressional Committees to make the necessary legislative changes to transition responsibilities under PL 111-140 Nuclear Forensics and Attribution Act from

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DHS to DOE via bill H.R. 646, the “Nuclear Forensics Authority Realignment Act”. DHS will continue to engage with the congressional committees in support of the legislative change represented by H.R. 646. DOE/NNSA and DHS/CWMD continue to closely coordinate in support of a smooth, comprehensive transfer. In consideration of the new Presidential administration’s support and the signed National Security Presidential Memorandum (NSPM-35) to reassign interagency responsibilities in support of this transition, the Nuclear Forensics Interagency leadership re-affirmed the transition of NTNF functions from DHS/CWMD to DOE/NNSA.

DHS NTNF support is required for the duration of this requirement as long as responsibilities remain with DHS, which may be further extended as DHS and NNSA continue to engage with Congress. The acquisition plan is written to ensure DHS/CWMD has coverage while the transition process continues and the options are structured in such a way that when the transition is eventually successful, this support can be expeditiously curtailed. The original task order, HSHQDN-16-F-00003, was competitively solicited and awarded to Noblis, Inc on May 2, 2016. This order has a Period of Performance End Date of May 02, 2021. However, the services are still required for an additional short-term period to support the transition and this order is necessary to continue CWMD’s Nuclear Forensics mission during the finalization of this transition period. This transition is anticipated to be completed within the current calendar year.

3. Description of the supplies/services.

CWMD has a requirement for continued technical support services in the area of Nuclear Forensics. This requirement includes providing subject matter expertise and assessment support, aligned to Technical Nuclear Forensics: 1) Subject Matter Expertise in Nuclear Forensics-Related Disciplines and 2) Technical Collaborations across SME Domains.

The contractor shall provide technical subject matter expertise (SME) support in establishing NTNF oversight, peer review, quality assurance processes, lessons-learned, and development, as appropriate, of data products, other results and capabilities related to the nuclear forensics mission area, including expertise and historical knowledge to assist CWMD in the transition of nuclear forensics activities to other departments/agencies. The contractor shall provide five to seven nationally recognized SME consultants as members of the Nuclear Forensics Science Panel (NFSP) to be available to attend general NFSP Meetings and participate in specific NFSP studies.

The contractor shall provide analytical chemists, chemical engineers, nuclear engineers, and other scientists and engineers with expert knowledge of the nuclear fuel cycle and analytical chemistry methods inherent in the nuclear forensic characterization of special nuclear material and radiological material, including technical reviews of strategic and implementation plans, program planning and execution documents and policy, national laboratory deliverables;

coordination of national laboratory performers participating in specific technical working groups, panels, and workshops; and technical assistance in oversight of technical nuclear forensics programs.

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The contractor shall support R&D within CWMD involving the integration of capabilities to include support to the broad Chemical, Biological, Radiological and Nuclear threat space, including: assisting CWMD’s mission of developing transformational capability via subject matter expertise in a range of technical fields (image processing, analytical chemistry of the nuclear fuel cycle, explosives/chemical detection, human factors, dynamic systems modeling, operations research, and rare event simulation), and providing expertise with respect to familiar knowledge of the appropriate security classification guides to help support reviews of any classified information, communication, and reporting related to these activities.

The anticipated task order would provide for the continuation of the aforementioned support to CWMD through the pending transition of the Nuclear Forensics mission area to DOE.

The total value of this task order, including all options, is estimated to be $1,337,703.59 and is estimated by period as follows:

Base Period: $799,203.03 Option Period 1: $269,250.28 Option Period 2: $269,250.28

The estimated period of performance of the new task order is as follows:

Base Period: May 3, 2021 – October 31, 2021 Option Period 1: November 1, 2021 – December 31, 2021 Option Period 2: January 1, 2022 – February 28, 2022

Note: FAR Clause 52.217-8 will be included with this requirement. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

4. Identify the exception to fair opportunity and supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

Exception:

____X____FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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Rationale:

The DHS National Technical Nuclear Forensics Center (NTNFC) has responsibility to provide centralized stewardship, planning, assessment, gap analysis, exercises, improvement and integration for all Federal nuclear forensics and attribution activities under the Nuclear Forensics and Attribution Act (NFAA) (Public Law 111-140 – February 16, 2010). DHS also retains responsibilities under PPD-42, Annex C (Sep 2016) to provide centralized planning, integration, and advancement of USG nuclear forensics programs, and to develop capability to perform pre-detonation materials nuclear forensics. Pragmatically, if there were other capable and qualified sources who would be eligible for a competitive award before the expiration of the current order period of performance, it would not be economically advantageous nor efficient to issue a competitive solicitation at this time. This requirement is anticipated to be needed only for a short duration, lasting only as long as is necessary, to prepare the government for the transition of the mission between agencies. Market research further suggests that even if other contractors were capable of fulfilling these requirements, they would not respond with a request for proposal for this requirement, given the duration and uncertain nature of the order with regard to the timeline of the transition of the mission to DOE/NNSA. This order would present an unacceptable risk to both a perspective contractor and the DHS CWMD mission for the NTNFC.

The limited availability of qualified and cleared personnel capable of providing the necessary support (including analytical chemists, chemical engineers, nuclear engineers and other scientists and engineers with expert knowledge of the nuclear fuel cycle and analytical chemistry methods inherent in the nuclear forensic characterization of special nuclear material and radiological material specializations) is a significant constraint in contracting for these services. Market research conducted between May 2020 and February 2021 supports this and no other OASIS contractor, other than the incumbent, has the necessary cleared personnel and capabilities to successfully fulfill the CWMD requirements of this mission space inside of the required timeline for this May 2021 award.

CWMD recognizes the need for experienced contractor staff to provide historical knowledge, current subject matter expertise, and technical support during the transition of Technical Nuclear Forensics to NNSA. Successful performance of these services requires cleared personnel at the DHS Suitability, SECRET, TOP SECRET, and Department of Energy ‘Q’ clearance levels with extensive knowledge of the CWMD system and processes and the Nuclear Forensics Interagency community. Without these security clearances, a perspective contractor’s personnel would not be permitted on site to successfully provide an adequate level of required mission-critical support.

The required security clearances (TS clearance, Q with RD Access, and DHS suitability) necessary to begin performance have considerable average processing times, sometimes taking one-month to twelve-months (sometimes even longer). Making award to a new contractor to

JEFO No.: FY21-041 Dated 3/22/2021 - 5 -fulfil this requirement is not feasible, given the short period of performance. The onboarding process, to include access to the government spaces, access to classified networks, as well as other GFE, would expend a considerable amount of additional time and resources, even after the clearance process. It would be cost/time prohibitive for DHS to onboard a new contractor for this short-term requirement. It is likely that other contractors would not propose against this requirement given the duration/intermittent nature of the contract, as well as the uncertain timeline of the transition of the mission to DOE/NNSA. The contract would be a risk to a new contractor and would result in unacceptable delays to the CWMD mission.

Noblis, Inc. (the incumbent) is a nonprofit science, technology, and strategy organization that helps clients solve complex scientific, systems, process, and infrastructure problems in ways that benefit the public. Their resources and realm of expertise includes Nuclear Forensics, as required by CWMD. Noblis is currently providing support to the NTNFC for these services through task order HSHQDN-16-F-00003 (OASIS GS00Q14OADU143) and has more inherent knowledge and experience of this specific mission than any other potential source.

Most importantly, Noblis consultants include nationally recognized experts in the specific technical fields related to Technical Nuclear Forensics. Noblis possesses the critical historical knowledge required support required transition activities.

All Noblis staff currently supporting CWMD are cleared at the TS/SCI Level and also have been granted access to DOE Q/Restricted Data (RD), as required. Noblis has had significant unique experience working on nuclear forensics issues with our close interagency partners. In their current support to NTNFC, Noblis has shown an exceptional ability to support both the technical, policy, and expertise development aspects of CWMD’s nuclear forensics mission, and an exceptional ability to provide appropriately skilled and experienced individuals at every level of requirement, from junior staff to nationally-recognized experts. Noblis, Inc has provided nuclear forensics support to DHS from the inception of the National Technical Nuclear Forensics Center. Noblis continues to provide subject matter expertise support in the areas of expertise development, research and development and operations and has maintained situational awareness and expertise in this area. Noblis possesses the immediate capabilities and cleared personnel to meet the requirement without incurring additional delays and transition costs associated with onboarding entirely new sources.

CWMDAD is requesting to sole-source a GSA OASIS task order to Noblis, Inc. to provide continued Technical Nuclear Forensics Support Services to maintain continuity during the pending transition of the Nuclear Forensics mission from DHS/CWMD to DOE/NNSA.

Noblis is the only contractor that has the experienced and cleared personnel necessary to execute the technical capabilities described herein to support the CWMD Office’s nuclear forensics mission during this period of transition and the required DHS/CWMD timeline for award to maintain a continuity of services.

If this Task Order is not awarded to Noblis, the disruption of CWMD’s ongoing Nuclear Forensics mission requirements would present an unacceptable risk to the CWMD mission, including support and timely execution of various R&D activities which must be transitioned to DOE. This would result in operational disruptions to CWMD and interagency partners.

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Awarding the proposed sole-source task order at this time will maintain consistent Nuclear Forensics technical support to CWMD, reduce the programmatic risk, and allow sufficient time to support a successful transition of the mission to DOE/NNSA. Given the agency need for these critical services being so urgent, providing a fair opportunity would result in unacceptable delays to the mission. No viable alternatives exist beyond a non-competitive, sole-source award to the current contractor, Noblis, Inc, the current Nuclear Forensics support services performer.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The determination will be evaluated and justified in writing by the contracting officer (CO) prior to an award. This task order will be issued under a GSA OASIS contract. As a result, price reasonableness will require the CO to ensure that the proposed hourly rates do not exceed the maximum rates established for the applicable labor category and year of the OASIS contract.

Additionally, proposed rates will be determined fair and reasonable with respect to data for established catalog or market prices and from prior sales to non-governmental and governmental entities. The independent government estimate data will also be considered for this determination. The CO will ensure that the technical reviewers determine that the proposed level of effort and labor mix are adequate to satisfy the requirements set forth for this order.

6. Any other facts supporting the justification.

Not Applicable.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The government fully expects the transition of the Nuclear Forensics Mission to DOE/NNSA within the projected period of performance of this order. Once the transition activities are complete, the services will no longer be required by DHS/CWMD. Future acquisitions of the same service will only be required if the transition of the mission area is not approved by the President and/or Congress. However, the CWMD leadership will be following the progress of this transition very closely and will mitigate risk to the mission. If for some unexpected reason the required legislation is delayed and/or is not positively progressing throughout the respective Congressional and Executive offices, then a competitive recompete among OASIS vendors will be planned and awarded prior to the end date of this sole-source task order.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

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Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Kelly Muffoletto Date Technical Representative/COR DHS Countering Weapons of Mass Destruction (CWMD)

10. Contracting Officer Certification and Approval.

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Jonathan, Igwebueze Date Contracting Officer DHS Office of Procurement Operations (OPO)

11. Approval.

I hereby determine that the circumstance in FAR 16.505(b)(2)(i) [(A through E] applies.

Juan Arratia Date Procuring Activity Advocate for Competition (PAAC) DHS Office of Procurement Operations (OPO)