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, 2023 through July 31, 2024

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 (EM) in the Department of Energy (DOE) plans to issue a modification to extend the 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 is for Other Than Full and Open Competition (JOFOC) in accordance with Federal Acquisition Regulation (FAR) 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” and 41 U.S.C. §3304(a)(1). The United States DOE Paducah Infrastructure Support Services (ISS) Contract was awarded to Swift and Staley, Inc. (SSI) on December 10, 2020 under a 100% small business set-aside procurement. A small business size eligibility protest of the awardee, SSI, was subsequently filed by Akima Intra-Data, LLC (AID) with the United States Small Business Administration (SBA) on December 17, 2020. The size challenge was ultimately decided by SBA and confirmed on appeal by the United States Court of Federal Claims (COFC) on March 31, 2022 that SSI is other than small for purposes of the solicitation and therefore ineligible for contract award. SSI appealed the COFC decision, and the United States Court of Appeals for the Federal Circuit ruled against SSI’s appeal on December 12, 2022. DOE was initially enjoined by COFC from cancelling contract award to SSI until February 2, 2023.

DOE intends to non-competitively extend the period of performance with SSI up to sixteen-months to allow for completion of the competitive procurement process.

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, 2023 through July 31, 2024

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

The incumbent contractor provides infrastructure support services to include (but 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 at a former uranium enrichment facility. The Paducah ISS 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 contract.

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 ISS 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 reasonably satisfy these requirements pending award of the follow-on contract.

The incumbent contractor is uniquely qualified to continue providing the infrastructure support services at this former uranium enrichment site as demonstrated by the following, without interruption: (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 notice of violations 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

Period of Performance Extension: April 1, 2023 through July 31, 2024 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 DOE’s EM mission, and would be particularly disruptive in the area of Safeguards and Security, a complex area of expertise difficult to adequately address with a short-term contract. Given the short period of time during which a new competition for the services will be announced, it is neither practicable nor beneficial to the government to procure another 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 would result in the loss of expertise and historical/ institutional knowledge; lead to poor decision-making and costly mistakes; adversely affect safety and security; and would 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 of the follow-on contract would not have sufficient time to gain the necessary expertise nor would it be able to 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 ISS 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 2, 2023.

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

Period of Performance Extension: April 1, 2023 through July 31, 2024

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.

Based on the current contract’s invoiced costs, the estimated value of up to a sixteen-month contract extension is approximately $50-$60M. The estimated value is within a reasonable 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 2, 2023, giving our potential sources an opportunity to comment on the Government’s intentions. Further, it is not practical to solicit proposals for this sixteen-month extension of the current contract considering the expiration date of March 31, 2023 for the current contract and the pending completion of the on-going Paducah Infrastructure competitive procurement and transition. Therefore, no further market research will be performed. There were no sources that expressed interest in this acquisition, following the synopsis.

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 should not be any barriers that will lead to restricted competition on future acquisitions for this requirement.

Period of Performance Extension: April 1, 2023 through July 31, 2024

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.

PPPO Acquisition Initiator/Administrative Contracting Officer:

Jennifer Stokes Date

REVIEWS

PPPO Procurement Director:

Robert Swett Date

Assistant Chief Counsel, EMCBC Office of Chief Counsel:

Laura Sawyer Date

PPPO Manager

Joel B. Bradburne Date

JENNIFER STOKES Digitally signed by JENNIFER STOKES Date: 2023.02.28 13:42:20 -05'00'

ROBERT SWETT Digitally signed by ROBERT SWETT Date: 2023.02.28 15:13:11 -05'00'

LAURA SAWYER Digitally signed by LAURA SAWYER Date: 2023.02.28 14:45:33 -05'00'

3/2/2023

Period of Performance Extension: April 1, 2023 through July 31, 2024

APPROVALS

EM Head of Contracting Activity:

Angela Watmore Date

DOE Competition Advocate:

R. Salem Fussel Date

DOE Senior Procurement Executive:

John Bashista Date