JOFOC.pdf

Justification for Other than Full and Open Competition U.S. Department of Energy (DOE) Portsmouth/Paducah Project Office

Contract DE-EM0003733 Swift & Staley Inc.

Period of Performance Extension:

April 1, 2021 through September 30, 2021

1. Identification of the agency and the contracting activity, and specific identification of the document as a – Justification for Other than Full and Open Competition.

The Portsmouth/Paducah Project Office (PPPO), within the Office of Environmental Management in the Department of Energy (DOE) plans to issue an extension modification to Swift & Staley Inc. (SSI) Contract DE-EM0003733 by means other than the use of full and open competition.

This document sets forth the justification and approval for the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act of 1984 (CICA).

2. The nature and/or description of the action being approved.

This Justification for Other Than Full and Open Competition (JOFOC) is in accordance with Federal Acquisition Regulation (FAR) 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and 41 U.S.C. §3304(a)(1).

The base period of performance of Contract DE-EM0003733 with Swift & Staley Inc.

(SSI) is from October 2, 2015 through September 30, 2020 which included an option period (October 1, 2018 through September 30, 2020. An additional option period was exercised from September 31, 2020 through March 31, 2021 utilizing FAR 52.217-8 Option to Extend Service).

The award of the Paducah Infrastructure Support Services contract was issued on December 10, 2020; however, a size standard protest was filed with the Small Business Administration (SBA) on December 17, 2020. The SBA issued a decision regarding the size determination.

Subsequently, an appeal was filed with the SBA Office of Hearing and Appeals (OHA). The notice to proceed supporting the follow-on contract has been delayed until this appeal is resolved. DOE intends to non-competitively extend the period of performance with SSI up to six

(6) months to allow for the continuance of services and transition of the follow-on while the SBA OHA resolves the appeal. It is anticipated that the contract extension will consist of six (6) months, with a portion of that in option periods to ease in transitioning to the new award as quickly as possible upon protest resolution (a three-month base and three (3) one-month option periods). The value for the six month extension is approximately $25M.

An interruption to the services currently being provided by SSI would compromise the mission of DOE. The need to extend the period of performance of the SSI contract, via a non-competitive modification, therefore exists.

Contract DE-EM0003733, Swift & Staley Inc.

Period of Performance Extension: April 1, 2021 through September 30, 2021

3. A description of the supplies or services required to meet the agency’s needs:

The incumbent contractor provides infrastructure support services which include (but are not limited to): surveillance, maintenance and repair of facilities; janitorial services; grounds maintenance; roadway/parking lot maintenance; pest control; computing, telecommunication, and cyber security; fleet management; real and personal property management; records management and document control; safeguards and security; environment, safety, health, and quality (ESH&Q) program; and training services. The Paducah Infrastructure Support Services contractor will have the primary responsibility for performing infrastructure support services as discussed in Section 5 below and these services must continue to be performed through the transition of the follow-on contractor.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. §3304(a) (1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The Paducah Infrastructure Support contract was awarded to SSI (effective October 2, 2015) following a small-business set-aside competition. SSI is the incumbent contractor and provides fully trained and qualified personnel to provide infrastructure support services including:

maintaining the ESH&Q program, safeguards and security, cyber security, surveillance, maintenance and repair of facilities; janitorial services; grounds maintenance; roadway/parking lot maintenance; pest control; computing, telecommunication; fleet management; real and personal property management; records management and document control; and training services, and the incumbent contractor is the only responsible source that can reasonable satisfy these requirements pending award of the follow-on contract.

The incumbent contractor is uniquely qualified to continue providing mission critical infrastructure support services by: (1) maintaining specific safeguards and security programs as well as supporting all computing networks for the Deactivation and Environmental Remediation site contractors to fulfill contractual and regulatory commitments which are critical in avoiding potential notices of violation and failures to meet regulatory milestones defined in the site’s Federal Facilities Agreement, (2) as the cognizant site security authority for the Paducah site, the incumbent contractor maintains a Site Security Plan for all DOE operations at the Paducah site, which includes clearance processing, personnel security program support, visitor control and badging, (3) performs physical security for DOE programs and assets at the site, which includes the lock and key program, logical access control and physical access control systems, and facility registration, (4) is uniquely qualified in Operations Security (OPSEC), security awareness, training and development, policies and procedures (including self-assessment), program plans (including the DOE portion of the site security plans and Vulnerability Assessments, with associated threat statement or Design Basis Threat), the Foreign Ownership, Control, and Influence (FOCI) program, and tracking assessment, audit, and survey findings, (5) surveillance, maintenance and repair of facilities, and (6) performing records management activities for the entire site, including bringing pre-existing federal records managed by USEC into compliance.

An attempt to contract with another entity to perform temporary infrastructure support services is impracticable, would likely adversely affect the Department of Energy's mission accomplishment, and would be particularly disruptive in the area of site securities and safeguards, a complex area of expertise difficult to adequately address with a short term contract.

Transitioning to a new contractor, for the time it takes to resolve the appeal would be unnecessarily disruptive, because a second transition, to the new awardee, would be required upon the SBA OHA rendering a decision. Given the fact that continued performance is necessary to cover a short amount of time, i.e., resolution of the SB OHA appeal, it is neither practicable nor beneficial to the government to procure a contractor competitively. Transitioning to a new contractor within a short time frame will also have a negative effect on ongoing work activities, such as: changes to contractor management and staff could result in the loss of expertise and historical/institutional knowledge; lead to poor decision-making and costly mistakes; adverse safety and security impacts; and could potentially jeopardize Paducah Site Operations. Further, a contractor that would be brought in during the interim period between the expiration of the incumbent contract and the award and transition of the follow-on contract would not allow sufficient time to gain the necessary expertise nor would it ensure the reliability and safety of the workforce for the services required. As SSI past performance reflects, SSI is uniquely qualified and situated to continue performing the infrastructure support services without an interruption in service and, without duplicative costs to the Government.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps announcement was made and what response, if any, was received, and include the exception under FAR 5.202 when not synopsizing. Describe whether any additional or similar requirements are anticipated in the future. (This may not be included as an addendum. It must be in the body of the

JOFOC.)

In accordance with FAR Subpart 5.2, the Government synopsized a “Special Notice” of Intent to award a contract modification using other than full and open competition on February 22, 2021.

There were no sources that expressed interest in this acquisition, following the synopsis.

7. Cite the anticipated dollar value of the proposed acquisition including options if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. When exceptional circumstances exist that require the period of performance to exceed one year, the JOFOC shall state priced option period(s) will be included and that a determination and findings is being prepared for the Senior Procurement Executive’s approval.

Based on the current contract’s invoiced costs, the estimated value of this six-month contract extension is $25 million. The estimated value is within range of the Independent Government Cost Estimate.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Do not simply refer to the sources sought synopsis.

A “Notice of Intent” was synopsized on February 22, 2021, giving our potential sources an opportunity to comment on the Government’s intentions. There were no sources that expressed interest in this acquisition. For the reasons stated above, only one responsible source can complete this work while the SBA OHA completes the appeal process.

9. Any other facts supporting the use of other than full and open competition:

No other facts supporting use of other than full and open competition have been identified beyond those found in this justification.

10. A listing of sources, if any, that expressed a written interest in the acquisition.

There were no sources that expressed interest in this acquisition, following the synopsis.

11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

There will not be barriers that will lead to restricted competition on future acquisitions for this requirement. DOE has completed evaluating the offerors’ proposals for the competitive follow-on of the abovementioned contract that is being competed on a full and open competition basis as a 100% Small Business set aside and is awaiting the outcome of the size protest appeal.

Period of Performance Extension: April 1, 2021 through September 30, 2021

Certification The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator/Administrative Contracting Officer:

Jennifer Stokes Date

Reviews

PPPO Procurement Director:

Robert Swett Date

PPPO Legal Counsel:

LAURA Digitally signed by LAURA

SAWYER

Date: 2021.03.09 16:00:10

SAWYER__________________________________________-05'00'

Laur Saa wyer Date

Approvals

EM HCA:

Norbert Do yle Date

JENNIFER

STOKES

Digitally signed by JENNIFER

STOKES

Date: 2021.03.09 14:28:51 -05'00'

DAVID SENDERLING

Digitally signed by DAVID

SENDERLING

Date: 2021.03.10 08:32:38 -05'00'