JOFOC Archetype OTE 10.12.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CONTRACT NO. DE-LP0000129

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

The Department of Energy (DOE), Office of Headquarters Procurement Services (MA-64), located in Washington, DC. This action is in support of the Loan Programs Office (LPO).

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This document sets forth the justification and approval of the use of the exception from full and open competition allowed under 41 U.S.C. § 3304(a)(1) and cited at FAR 6.302-1(a) –

Only One Responsible Source.

The purpose of this sole source modification is to raise the maximum ceiling value of the existing Indefinite-Delivery-Indefinite-Quantity (IDIQ) contract to support unforeseen statutory requirements related to the passing of the Inflation Reduction Act (IRA). The

Government anticipates that IRA-related tasking will require approximately sixty (60) additional contractors for loan and finance administrative support under the current IDIQ contract.

The additional sixty (60) contractors will assist LPO in processing the currently overwhelming quantity of loan applications on a short-term basis. DOE intends to increase the maximum IDIQ ceiling value to accommodate the increase in task order ceilings for the following: (1) Origination;

(2) Technical and Project Management Support (TPMD); (3) Risk Management Support; (4)

Portfolio Management Support; (5) Environmental Compliance Support; and (6) Management

Operations Support. The maximum IDIQ ordering value will increase by $15,000,000.00, from

$71,911,147.05 to $86,911,147.05. This additional ceiling will facilitate the additional work performance until the new IDIQ is awarded. A new IDIQ contract is anticipated to be awarded by February 2023.

The contract was awarded to Archetype II, LLC (Unique Entity ID: ZCF2G9A61V29, 950

Herndon Parkway Suite 410, Herndon, VA 20170) with a five-year period of performance.

The period of performance consists of a twelve (12) month base period and four (4) twelve-month options, September 1, 2017, through February 28, 2023. The follow-on procurement for this requirement is currently underway.

III. DESCRIPTION OF SERVICES BEING ACQUIRED

DOE has an ongoing requirement for continued project finance and loan administration support services that address LPO’s mission support in six (6) task areas: (1) Origination; (2) Technical and Project Management Support (TPMD); (3) Risk Management Support; (4) Portfolio

Management Support; (5) Environmental Compliance Support; and (6) Management Operations

Support. The estimated value for the proposed contract modification is $15,000,000.00.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

In accordance with Competition in Contracting Act, 41 U.S.C § 3304(a)(1), as implemented by FAR 6.302-1, other than full and open competition is authorized when there is only one responsible source, and no other supplies and services will satisfy agency requirements.

V. UNIQUE QUALIFICATIONS OF THE PROPOSED CONTRACTOR

Archetype II, LLC provides professional management and analytical support services. LPO does not have Federal staff with the requisite knowledge, skills, and abilities to perform this work, nor sufficient Full Time Employee (FTE) slots available to hire Federal staff required for this work.

Archetype II, LLC is uniquely qualified as the only responsible source for performing the required professional management and analytical support services during the contemplated extension period because Archetype’s contractors are actively intertwined across multiple divisions providing the necessary support. A disruption in this support will have a catastrophic effect across the Agency. While the formal recompete is underway for the follow-on contract, these capabilities are necessary to maintain the integrity of DOE’s risk management support, project management support, environmental compliance support, management operations support and portfolio management support. All task areas are vital to the LPO and without the subject administrative assistance support, DOE will face daunting and irreparable impairment for multiple billion-dollar innovative loans.

DOE has a continuing need to retain professional management and analytical support personnel who specialize in Origination; Technical and Project Management Support; Risk Management

Support; Portfolio Management Support; Environmental Compliance Support; and Management

Operations Support, who also possess extensive, up-to-date knowledge and familiarity with the

DOE policies and the Inflation Reduction Act. In addition, DOE has an immediate need to retain up-to-date knowledge and expertise which supports multiple DOE program offices.

In having served as the incumbent contractor for the subject effort since September 1, 2017, Archetype II, LLC stands as the only responsible source who possesses key and non-key personnel with the requisite technical skill and up-to-date corporate knowledge on existing and/or soon-to-be expanded DOE administrative support, who are familiar with all task areas of the PWS and the IRA bill that was passed, and how it impacts DOE. Archetype II, LLC is immediately available to provide continuity of services pending the award of a competitive follow-on contract, which DOE is in the process of completing. The passing of the IRA requires immediate administrative support due to the surge of short-term task orders that are anticipated. At this time, it would be impossible to compete, award and staff a contract to support this immediate and unforeseen requirement without a disruption in loan and loan guarantee services, thereby hindering

LPO’s ability to meet its statutory obligations (i.e., pursuant to Title XVII of the Energy Policy Act of 2005, Pub. L. 109-58; the Bipartisan Infrastructure Law [BIL]; and IRA). If DOE does not raise the maximum ordering value for this IDIQ contract, multiple programmatic functions and ongoing loan agreement initiatives will stall or collapse altogether, thus causing irreparable damage and costs to the Agency.

Archetype II, LLC currently has 18 active task orders under IDIQ No. DE-LP0000129 for administrative support. This extended level of support justifies why this contract must be extended because a new contractor must be able to fulfill all task areas of support on day 1 of performance.

Lastly, any security clearance/badging requirements; DOE-specific, certified training; or other unique requirements that Archetype possesses would bar other vendors from immediately assuming responsibility over project.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

In accordance with FAR Subpart 5.2, the Government is preparing a Notice of Intent to award a sole source contract modification. This will allow contractors the opportunity to identify the requirement and compete for the new requirement if they are qualified. The Government is also in the midst of developing a competitive solicitation for the follow-on contract, with plans to compete and award the follow-on effort during the proposed IDIQ contract extension.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

Pricing for the proposed modification will be based upon the existing IDIQ contract’s ceiling labor rates, which the Contracting Officer had previously determined reasonable as per FAR 15.404-1 at time of award. In addition, the Government has over four (4) years of historical pricing information for the subject services, and the Government will leverage this information to negotiate a reasonable price for any proposed ceiling rate modifications, or subsequent task order awards during the contract period extension.

Lastly, this contract will be incrementally funded as needed to meet DOE LPO’s performance requirements and established contract labor rates will remain effective for the duration of the contract term.

VIII. MARKET RESEARCH

Market research were recently completed for the new follow-on competitive contract. This included lengthy assessments of potential sources under Governmentwide category management vehicles; coordination with GSA to receive market research as a service; and assessments of socio-economic set-aside possibilities. However, there are no firms identified that could immediately assume the services without a substantial disruption of service.

IX. OTHER FACTS SUPPORTING USE OF OTHER THAN FULL AND OPEN

COMPETITION

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition, and unacceptable delays in fulfilling this requirement.

X. OTHER SOURCES EXPRESSING WRITTEN INTEREST IN THE

REQUIREMENT

New sources were not solicited as explained above in Section VIII. Prior to finalizing this proposed modification, the Government will synopsize a Notice of Intent to award a sole source contract modification as per FAR 5.201.

XI. POTENTIAL ACTIONS BY THE AGENCY TO REMOVE/OVERCOME

BARRIERS TO COMPETITION

DOE will review any subsequent requests for acquisition of similar services and will ensure that any restrictions to competition are adequately supported and documented.

CERTIFICATIONS

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Linda D. Vawter

Contracting Officer’s Representative

Management and Operations Division, LP-60

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

Myron Waddell

Contracting Officer

Office of Headquarters Procurement Services, MA-642.2

APPROVAL

Procuring Activity Competition Advocate Date

Office of Headquarters Procurement Services, MA-64.1