JOFOC_for_Bridge_Contract_for_LCM_Training_Support_Services_from_Feb_1_2018_thru_April_30_2018_20180118_final.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

NNSA OFFICE OF

LEARNING CAREER MANAGEMENT (LCM) (NA-MB-42)

CONTRACT NUMBER DE-NA0000455/DE-DT0004308

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Learning Career Management (LCM) (NA-MB-40) of the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA) plans to contract for Professional Development Support Services, Albuquerque Complex by means of other than full and open competition. The contracting activity is the NNSA Non-M&O Contracting Operations Division, Services Acquisition Branch, Field Program Section (NA- APM-124.2). 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 (CICA) of 1984, Public Law 98-369.

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

This is a sole-source, short-term bridge extension intended to ensure the continuity of the current Professional Development Support Services effort under Contract No. DE-NA0000455, but specifically Task Order DE- DT0004308 which was awarded competitively on July 31, 2012 and is scheduled to expire January 31, 2018. The anticipated period of performance of the extension is a base period of one (1) month beginning February 1, 2018 through February 28, 2018 under Task Order No. DE-DT0004308. In addition, two one-month option periods are included to allow for continued service if needed, and extending the Task Order from March 1, 2018 through March 31, 2018 under the first option period, and from April 1, 2018 through April 30, 2018 under the second.

The contractor is Time Solutions, LLC, located at 3000 C Street, Suite 301, Anchorage, AK 99503-3975. The North American Industry Classification System (NAICS) code for this acquisition is 541611 “Administrative Management and General Management Consulting Services” with a size standard of $15M. The current contract ceiling value is $33,884,008.34. The current ceiling value of the Task Order requiring extension is $2,479,243.96 and of that amount $2,306,295.38 has been obligated to date. The estimated cost for the one-month bridge extension is approximately $45,000.00; however, this one month extension will not require an increase to the Task Order ceiling amount.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

The DOE/NNSA, Learning and Career Management (LCM) is the strategic business partner, architect, implementer, and evaluator of value-added learning programs, products, and services that benefit the NNSA workforce through increased employee and organizational performance. LCM requires support services in the development and delivery of training, and other related technical and administrative support services.

The DOE/NNSA LCM Technical Qualification Program (TQP) in Albuquerque, New Mexico is responsible for providing support to the NNSA TQP. Each Headquarters and Field Element with defense nuclear facility responsibility must establish a TQP for their organization. The LCM TQP office provides support to TQP Headquarters and Field Elements at NNSA locations.

The Contractor provides training, leadership and career development, and support for NNSA personnel whose duties and responsibilities are related to NNSA positions with significant safety responsibilities at DOE/NNSA’s defense nuclear facilities. NNSA’s technical training mission is defined in DOE O 426.1 and its’ non-technical training and program related mission is defined in DOE M 360.1C. This effort could include both administrative functions related to the overall training mission, and also technical support of mission-critical programs. The Contractor provides administrative; training; logistical; budgetary; technical; professional; programmatic; and leadership & career development support as directed by the Contracting Officer Representative (COR) in support of NNSA LCM’s customers.

NNSA’s training mission is defined in NNSA SD 360.1C as well as by drivers defined in DOE O 426.1A, the LCM TQP Guide, and the NNSA TQP Execution Plan. This effort includes administrative and management functions related to the overall NNSA mission; development or procurement of related learning activities, venues, and materials; development, procurement, or maintenance of related software applications or tools; delivery or facilitation of these learning activities; and ancillary duties critical to the management, development, or delivery of training and the training’s supporting materials, documentation, and records.

IV. AUTHORITY

The statutory authority permitting other than full and open competition is 41 USC §3304(a)(1), as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1(a)(2) entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

V. APPLICATION OF AUTHORITY

Section 303(c)(1) of the CICA, P.L. 98-369, allows the use of procedures other than competition when the property or services needed are available from only one responsible source and no other type of property or services will satisfy the requirements. In particular, FAR Subpart 6.302-1(b)(1) specifies full and open competition need not be provided for when there is a reasonable basis to conclude that the Agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities. In this case, the incumbent contractor, Time Solutions, LLC is the only responsible source at this time who understands the scope of the work and provides and promotes a standardized approach to provide all required LCM products and services, including all activities and deliverables required to support the NNSA LCM mission. Time Solutions, LLC also possess employees who have security clearances and can continue to perform the work without interruption.

Given that Time Solutions, LLC provides LCM with mission essential routine and non-routine training services and products, including job task analysis, course development, maintenance and delivery, and training logistics and processing tasks, Time Solutions, LLC is the only source capable of providing these services within the timeframe required. The current contract expires on January 31, 2018 and the LCM requires continued support without a break in contract services. The additional one (1) month will provide ongoing critical services and products to the LCM training division while the follow-on requirement is being re-competed and ultimately resulting in the award of a new contract vehicle.

A bridge extension is the most economic and efficient method to obtain the required services and products because Time Solutions, LLC is intimately familiar with and is currently performing these services. Awarding a new contract to another contractor for one month would require additional time and unjustified costs to ensure they became familiar with the LCM requirements, the products and services required, and the processes associated with new contract set-up, including the obtaining of proper clearances to perform the current tasks within the required timelines. Such delays would significantly and negatively impact the mission of the LCM as there are no additional resources to absorb the workload and still meet customer needs, deadlines, demands, and expectations, and also undermine the NNSA’s ability to maintain and enhance the safety, security, reliability, and transportability of qualified personnel through the TQP to support the NNSA’s defense nuclear facilities. This contract extension is a logical means to obtain the services required and preclude any costly breaks in service throughout the competitive follow-on efforts. Additionally, this extension will allow continuation of the work scope Time Solutions, LLC currently performs under Task Order No. DE-DT0004308.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

NA-APM and LCM took a number of steps to identify adequate additional sources starting in August 2017. The effort to re-compete the work began in January 2017; however, there were several unforeseen delays and conflicts outside of the government’s control. In June 2017 a package was submitted per requirements; however, other contracts took priority. In August 2017 additional requirements surfaced which impacted the intent of the initial package and had to be incorporated into the Performance Work Statement, which will result in the elimination of unnecessary government contracts. In September 2017, a new avenue for award surfaced and based on the market research data and those requirements, the Contracting Officer (CO) decided that it was in the best interest of the Government to pursue alternative prospects for the contract re-compete and this newly identified contract vehicle possibility was considered as a more viable option. Accordingly, the CO contacted the Small Business Administration to confirm specific requirements about this type of award.

NA-APM and LCM worked together to pursue this opportunity and worked diligently to complete the necessary paperwork to award this work by the end of the calendar year 2017/beginning calendar year 2018. During the release of the contract package to the proposing contractor, the system utilized generated an error and the proposing contractor was not notified to complete the action for proposal. In addition, the timeframe for release also caused additional delays due to limited staffing during the 2017/2018 holiday season as contractor and government personnel were operating with minimum staff. As a result of this chain of events, the CO authorized a two-day extension to submit the proposal.

To further compound the situation, the targeted proposing contractor is working under a joint venture/mentor protégé relationship and did not have the necessary FOCI information to comply with certain requirements outlined in the proposal by the required award date. Since LCM cannot have a lapse in provided services, nor do they possess the necessary staff to absorb critical tasks, the only viable option is to continue work with Time Solutions, LLC under the existing contract vehicle while the proposing contractor completes the necessary paperwork to address the FOCI requirements. As of January 12, 2018, the proposing contractor has submitted the required eFOCI package and it is currently awaiting processing.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

The rates to be used for the extension are determined by the CO to be fair and reasonable as these prices were evaluated and accepted at time of Task Order award. Further, the ceiling price agreed to is not exceeded and will not be exceeded as a result of the base, one-month extension. Per the FAR Clause 52.217-8, Option to Extend Services, the rates specified in the contract for the current period of performance will remain constant through the life of the one-month extension, and include the two one-month option periods, if exercised.

VIII. MARKET RESEARCH

See discussion in Section VI.

IX. OTHER FACTS

The CO released the contract in December 2017, which would have allowed sufficient time for the proposing contractor to submit a proposal and fulfill the FOCI requirements. Due to the delay caused by the system error and holiday closures, completing the FOCI requirements is no longer achievable by the desired contract award date. A one-month extended period of performance with two one-month option periods should allow sufficient time to satisfy these requirements.

X. INTERESTED SOURCES

Electronic communications between NA-APM and Time Solutions, LLC reflect Time Solutions, LLC interest in continuing to perform the Professional Development Support Services at the rates and conditions specified in the contract for a new short-term one-month contract period, with two one-month options to extend.

XI. STEPS TO FOSTER COMPETITION

NNSA is actively working the requirement and hopes to award a Time and Materials contract within the next 30 to 60 days.

XII. CERTIFICATIONS

FAR 6.303-2(a) (12), Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

PR Initiator/Program Office (Preparer):

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 to the best of my knowledge.

Signature: Date:

Contracting Officer (Preparer/Reviewer):

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 to the best of my knowledge.

Signature: Date:

17 Jan 2018 Lucille A. Gadberry, Contracting Specialist/Officer

Team Lead (one level above CO):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Signature: Date:

1-17-2017

Larry P. Veltman