JOFOC FINAL 89243419FEE400079 P00013.pdf

Template Version 6/24/19

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Golden Field Office/Acquisition Office

For Acquisitions > $250K

Requisition Number: 21EE000808

Name of Proposed Source: Rack-Wildner & Reese, Inc.

Contractor: Rack-Wildner & Reese, Inc.

Point of Contact: Dana Brooke Reid Business Size: WOSB

Street Address: 2325 E. Carson Street City, State, Zip: Pittsburgh, PA, 15203 Phone: 360-670-3313 Email: dana@akoyaonline.com

1. Nature/Description of the Action being approved [FAR 6.303-2(b)92)]

This Justification for Other Than Full and Open Competition (JOFOC) is for a maximum 6-month extension to task order (TO) 89243419FEE400079, a non-personal services TO providing Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy (EERE) Communications Support (COMMS). The extension on Mod P00013 extends the TO by 4 months (covering the period of 03/20/2021 through 07/19/2021), with a possible additional 2-month extension of 07/20/2021 through 09/19/2021 (maximum 6 months). This 4-month extension will increase the ceiling value of the TO by $838,444.28 ($1,257,666.42 if the full 6-month extension occurs) and will allow for continuation of services for the TO. Rack-Wildner & Reese, Inc., shall continue to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items identified in Section 4 of the Performance Work Statement (PWS) necessary to perform EERE COMMS except for those items specified as government furnished property and services. This action is necessary to continue COMMS work activities and avoid a stoppage of work while a follow-on TO is solicited and awarded.

FAR Part 52.217-8 is included in the GSA Schedule contract but was not evaluated at time of TO award thus resulting in the need for this JOFOC.

EERE T 542.007: JOFOC >$250K u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy mailto:dana@akoyaonline.com

2. Description of Supplies or Services [FAR 6.302-2(b)(3)]

The COMMS TO provides EERE with an integrated, comprehensive spectrum of products and services in all aspects of communications. The contractor provides services that support both EERE’s corporate Communications office and also EERE technology programs’ externally-facing and public information dissemination activities. This work is done through the planning, development, implementation, and evaluation of a large volume of both targeted and cross-cutting strategic communications activities, including but not limited to:

• Strategic and tactical public relations and outreach support including events, messaging, and media and stakeholder relations management with various EERE audiences.

• Strategic media relations planning, implementation, and analysis on EERE’s multiple technology areas.

• Services in generating and improving editorial content, including writing, editing, graphic design/layout and research.

• A broad range of publication and information development, execution, maintenance, and communications reporting activities on EERE’s multiple technology areas.

• Web/digital content development and maintenance on EERE’s robust and complex web site enterprise.

• Strategic and tactical multimedia and digital media services including digital production, graphic design, videos, photos, infographics, and social media, as well as evaluating the effectiveness of these products.

• Brand strategy and management, and communication standards and enforcement to ensure quality and consistency.

• Administrative support in generating internal reports and memos, briefing superiors, navigating approval processes, managing records, liaising between various internal and external stakeholders, and tracking work products.

• Other closely related communications and outreach activities as determined by the Contracting Officer, pursuant to the scope of the contract.

u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy

3(a). Statutory Authority Permitting Other than Full and Open Competition

41 U.S.C. 3304(a)(1)/FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(2)/FAR 6.302-2 - Unusual and compelling urgency

41 U.S.C. 3304(a)(3)/FAR 6.302-3 - Industrial Mobilization; engineering, development, or research capability; or expert services

41 U.S.C. 3304(a)(4)/FAR 6.302-4 - International Agreement

41 U.S.C. 3304(a)(5)/FAR 6.302.5 - Authorized or required by statute

41 U.S.C. 3304(a)(6)/FAR 6.302.6 - National Security

41 U.S.C. 3304(a)(7)/FAR 6.302.7 - Public Interest

3(b). Narrative Supporting Selection(s) in 3(a)

As described at FAR 6.302-2, when the agency's need for the services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

The Department of Energy (DOE) has an urgent and compelling need to ensure the continuation of Communications Support Services, while the DOE completes the re-compete of the follow-on task order for these services.

There is insufficient time available for the DOE to finalize the follow-on solicitation and issue a task order on a competitive basis without disrupting the COMMS support being provided to DOE EERE.

Due to the importance of the required COMMS support services and increased costs associated with awarding and transitioning to a provider other than the incumbent contractor, the CO has determined that extending the current task order to the incumbent contractor to allow these support services to continue uninterrupted was the only alternative to COMMS requirements without severely impacting the support being provided to DOE EERE.

DOE is in the process of amending the solicitation for the follow-on requirement and will receive quotes by the new closing date of 03/25/2021. DOE expects to evaluate, award and transition to the follow-on task order before this task order expires on 7/19/2021.

u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy u.s. DEPARTMENT oF I Energy Efficiency &

4. Unique Qualifications [FAR 6.303-2(b)(5)]

Rack-Wildner & Reese, Inc. is the current contractor providing COMMS services to DOE EERE.

There have been to changes in EERE Leadership based on the new White House administration.

These changes have also prompted revisions to the COMMS follow-on RFQ. An extension of the current TO is required to allow for continuation of services. Without this extension DOE EERE will lose necessary support services for COMMS, the extension will also provide time for a transition once a new TO is issued.

5. Efforts to Solicit Potential Sources [FAR 6.303-2(b)(6)] DOE EERE continues to work on soliciting and awarding a new TO for communication support services. Solicitation 89243421QEE000058 for follow-on COMMS services was issued on 11/3/2020 to

Amendment 4 to this solicitation will allow for to submit revised quotations due to the increased level of support required by the program office.

A synopsis was not posted to the GPE as the exception at FAR 5.202(a)(11) applies, the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action.

u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy

6. Fair & Reasonable Cost [FAR 6.303-2(b)(7)]

Services offered on the GSA schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. The pricing of Option Year 1 labor rates were determined to be fair and reasonable at the time of TO award. The contractor's current hourly rate(s) will remain in effect at the time of extension and shall remain the hourly rate(s) through 09/19/2021 (if all 6 months are exercised).

7. Market Research [FAR 6.303-2(b)(8)]

DOE did not conduct market research to support this sole source extension request due to its limited time and the ongoing competitive COMMS procurement. The current contractor is the only contractor who has the qualified staff on-site, working knowledge, and experience with the Communications projects in progress, and can continue to provide the necessary support services without delays. This extension is a natural follow-on to the previous work and only serves as a bridge to a new award in which the procurement/solicitation is currently in process. Awarding to a contractor other than Rack-Wildner & Reese, Inc. could result in substantial duplication of effort and cost to the Government and would cause further delays or even a break in service, and is not in the Government's best interest.

DOE conducted market research for the follow-on requirement and reviewed the capability statements, labor categories, GSA Schedule labor rates, and CPARS ratings for all 134 small businesses and identified six potential sources that have a high likelihood of successfully fulfilling EERE’s requirements. Two vendors were also added to the vendor list in accordance with FAR 8.405-2(c)(4) as both companies emailed the CO expressing interest in the requirement. DOE expects adequate competition for the follow-on requirement with continued interest from the

However, DOE needs additional time for those offerors to revise their pricing due to an increase in the requirement, finalize all reviews, and issue a new task order. DOE has an urgent and compelling need to ensure the continuation of Communications Support Services while the DOE completes the re-compete of the follow-on TO for these services. Without this extension DOE EERE would lose necessary support services for COMMS, the extension will also provide time for a transition once a new TO is issued.

u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy

8. Other Supporting Data [FAR 6.303-2(b)(9)]

During the transition to a new Presidential administration, EERE leadership re-evaluated the anticipated level of support needed for the follow-on COMMS requirement, and ultimately determined that an increase in communications support was required based on the direction and priorities of the new administration. An extension of the current TO is required to allow for continuation of services. Without this extension DOE EERE would have a break in services that would harm the Government and prevent services from being provided to support the priorities of the incoming administration and the need for urgent communications support services to assist in establishing clean energy priorities within the Government and industry.

9. Interested Sources [FAR 6.303-2(a)(10)]

Rack-Wildner & Reese, Inc. (dba Akoya)

10. Action to Remove Barriers to Competition [FAR 6.303-2(b)(11)]

A follow-on procurement is being competed and DOE continues to work through the solicitation and award process.

11. CERTIFICATIONS

a. Requesting Office Representative Certification: I certify that the supporting data which forms the basis for the justification are complete, current, and accurate to the best of my knowledge and belief.

Michelle Hindmarch 3/12/21

(Print Name and Title) (Signature) (Date)

b. Contracting Officer Certification: I certify that this JOFOC contains the information required by FAR 6.303-2 and its contents are complete, current and accurate to the best of my knowledge and belief. I recommend approval of this JOFOC.

Jessica Finley Digitally signed by Jessica Finley

Jessica Finley Date: 2021.03.17 12:04:32 -06'00'

12. REVIEWS AND APPROVALS

a. Procurement Policy: Joseph Vento

CONCUR NON-CONCUR

Joseph Vento, Procurement Analyst 3/12/21

MICHELLE

HINDMARCH

Digitally signed by MICHELLE

HINDMARCH

Date: 2021.03.12 14:12:13 -05'00'

Joseph Vento Date: 2021.03.12 12:57:35 Digitally signed by Joseph Vento

-07'00' u.s. DEPARTMENT oF I Energy Efficiency & ENERGY Renewable Energy http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/06.htm?zoom_highlight=6%2E303&P234_32585

b. Attorney/Advisor:

Sean Johnson, Attorney-Advisor

3/12/2021

c. Contracting Officer:

Jessica Finley

Digitally signed by Jessica Finley Date: 2021.03.17 12:04:59 -06'00'

d. Acquisition Branch Chief or Director:

Ric Schweitzer

e. Competition Advocate:

APPROVE DISAPPROVE or RECOMMEND APPROVAL level approval required)

Carol Hellmann

(if higher

3/17/21

N/A

Digitally signed by Sean W.

Sean W. Johnson Date: 2021.03.12 14:27:16 -07'00'

Johnson

Digitally signed by Ric Ric Schweitzer Schweitzer

Date: 2021.03.14 09:57:01 -06'00'

Carol A.

Hellmann

Digitally signed by Carol A.

Hellmann Date: 2021.03.17 21:10:21 -05'00'

N/A

Jessica

Additional/Supplemental Information