JOFOC for Final EP-SMR Rulemaking signed_1.pdf

LIMITED SOURCES JUSTIFICATION (LSJ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Date: August 26, 2020

MEMORANDUM TO: Aracelis Perez-Ortiz, Contracting Officer

FROM: Glenna Lappert, Contracting Officer Representative, NMSS

SUBJECT: ☐ LIMITED SOURCES JUSTIFICATION (LSJ)

☒ JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

REFERENCE: Completion of Emergency Preparedness Small Modular Reactor and Other New Technology Rulemaking and Guidance

1. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. This acquisition is intended to provide administrative support to the NRC to complete the emergency preparedness (EP) for small modular reactors (SMRs) and other new technology (ONT) rulemaking. The primary purpose will be the completion of follow-on work associated with finalizing the Federal Register notice, supporting documents and guidance, and revising rule language; in addition to supporting the NRC throughout the public comment process, public meetings, and ACRS hearings.

b. Project background. In SRM-SECY-15-0077, “Options for Emergency Preparedness for Small Modular Reactors and other New Technologies,” the Commission directed the staff to proceed with rulemaking to revise regulations and guidance for EP/SMR & ONT, such as non-light-water reactors and medical isotope production facilities. As part of agency-wide effort, the Office of Nuclear Security and Incident Response (NSIR) began working on the EP/SMR & ONT rulemaking.

Contract support was sought under the Enterprise Wide Contract and awarded to Information Systems Laboratories Incorporated (ISL). The basis for award was highly dependent on staffing and expertise attributable to sub-contractor ICF Incorporated (ICF). The tasks outlined in the original award will expire in August 2020 and the tasks have been completed up through developing the proposed rule, which is currently out for public comment.

1. This project is a continuation of contract NRC-HQ-25-14-E-0006; Task Order No.

NRC-HQ-11-17-T-0001 – awarded to Information Systems Laboratories and ICF Incorporated. The period of performance is August 2020 through September 2023.

c. Name and address of the proposed contractor(s).

ICF International, Inc.

9300 Lee Highway Fairfax, VA 22031 United States

2. Description of the supplies or services required to meet the agency’s needs.

a. Project title. Final Rule - of Emergency Preparedness Small Modular Reactor and

Other New Technology Rulemaking and Guidance

b. Project description. Provide administrative support to the U.S. Nuclear

Regulatory Commission (NRC) in completion of the draft final EP/SMR & ONT rulemaking and guidance. The contractor will assist NRC staff in the revision of the proposed rule. The contractor shall assist in the organization, review, and adjudication of public comments received during the public comment period. Assist in revising the proposed rule based on the public comments and developing the final rule. Additionally, support the finalization of the draft guidance and other supporting documents (e.g.; regulatory analysis, OMB supporting statements, inspection procedures, etc.). The contractor shall utilize knowledge about the history and development of the proposed rulemaking to effectively support NRC staff at related public meetings and Advisory Committee on Reactor Safeguards meetings with presentations, responding to questions, and taking meeting notes.

c. Acquisition Information. Provide the following information:

• Requirement type. Check the appropriate box:

☐ Research & development (R&D) ☐ R&D support services ☒ Support services (non-R&D) ☐ Supplies/equipment ☐ Information Technology (IT) or Electronic and Information Technology

(EIT)

☐ Construction ☐ Architect-engineer (A-E) services ☐ Design-build ☐ Other (specify): ____________________

• Type of action. Check the appropriate box:

☒ New requirement ☐ Follow-on ☐ Other (specify): ______________________

• Proposed contract/order type.

☐ Firm-fixed-price

☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________

☐ Cost-plus-fixed-fee ☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ ☒ Time and materials ☐ Labor Hours ☐ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

• Statement of Work Type:

☐ Completion ☒ Level of Effort ☐ Performance Based

• Requisition number. NMSS-20-0097

• Total estimated dollar value and performance/delivery period.

Total estimated dollar value: $313,750.00 Performance/delivery period: September 2020 through September 2023

3. Identification of the justification rationale.

☐ This acquisition is conducted under Federal Acquisition Regulation (FAR) 8.405-6.:

☐ Urgent and compelling need exists ☐ Only one source is capable of providing the supplies or services

(i.e., peculiar item, brand name item) ☐ Logical follow-on

☒ This acquisition is conducted under FAR 13.106-1(b).

☒ This acquisition is conducted under FAR 6.302-1.

☒ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 6.302-2 Unusual and compelling urgency ☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services ☐ 6.302-4 International agreement ☐ 6.302-5 Authorized or required by statute ☐ 6.302-6 National security ☐ 6.302-7 Public interest

☒ This acquisition is conducted using Simplified Procedures for Certain Commercial Items pursuant to FAR 13.500.

☐ This acquisition is conducted using Simplified Procedures for

Certain Commercial Items pursuant to FAR 13.500(c).

4. Description of the proposed contractor(s) unique qualifications to provide the required supply or service.

A sole source order is required with ICF Incorporated, LLC (ICF) to meet the NRC organization’s needs due to the contractor’s extensive prior involvement over the past three years in this rulemaking, and unique knowledge and qualifications to provide the contract tasking based on their prior involvement as detailed below.

ICF is uniquely qualified to perform this contract because of the knowledge and specialized experience they acquired as the sub-contractor for ISL during the previous contract. This award consists of tasks that were identified in the original award under the EWC but were not able to be completed during the period of performance due to circumstances beyond the contractor’s control.

ICF developed a highly specialized knowledge base with regards to NRC concerns and initiatives related to this rulemaking, including emergency preparedness for advanced nuclear reactors. This will help ensure consistency with related guidance and inspection procedures prior to issuance. In addition, ICF has already started supporting the NRC staff on the final rule phase of the rulemaking (e.g.; binning over 2,000 public comment submittals on the proposed rule, supporting the June 24, 2020, public meeting on the proposed rule, assisting the staff with addressing questions from the Office of Management and Budget on information collection requirements, etc.). Developing this specialized skill set and the turnover of current rulemaking activities to another vendor would unnecessarily cause an extensive delay in finalizing an important rulemaking initiative that has a high priority with the Commission and Congress. In addition, a delay in issuing the final rule would increase regulatory uncertainty for new and advanced reactor developers that could take advantage of this regulatory change in their license applications. ICF has constantly demonstrated their ability to support NRC rulemakings, which includes the preparatory work to assist the NRC with responding to public comments on proposed rules.

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A notice of intent to sole source was posted in beta.SAM.gov for 7 days prior to issuing a request for proposal to the proposed contractor. The NRC did not receive any capability statements from interested vendors.

6. Description of the efforts made by the Contracting Officer (CO) to determine that the cost/price of the contract/order is fair and reasonable consistent with FAR 8.404(d) or 15.406-2.

The contracting officer will perform a price analysis and will only award a contract if the price is deemed to be fair and reasonable. Costs and expenses will be reasonable if the level of effort is aligned with the request for proposal, and the rates are reasonable when compared to historical data and rates for similar procurements.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was not conducted. Due to the intricacies of the work already performed that provide the basis to finalize the remaining work by the established Agency deadline. This is a follow-on acquisition to support completion of the previous work that was competitively procured.

8. Other factors supporting the justification, if any.

The new award is a follow-on to a previous contract. ICF was the subcontractor who completed all the previous work and thus they can immediately begin work without a delay to become familiar with the project requirements. Developing the complex and detailed knowledge and capabilities needed to complete this work with another vendor would result in significant delays in a rulemaking expected to provide significant regulatory benefit to new advanced reactor developers and with high interest from both the Commission and Congress. Therefore, the staff determined that the products and services needed to complete this rulemaking are available from ICF and no other suppliers will satisfy the agency's needs.

9. List sources, if any, that have expressed an interest in the acquisition.

Notice of intent no. NMSS-20-0097 was posted in beta.Sam.gov on June 19, 2020. No responses were received in response to this notice.

10. If applicable, describe the actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

a. The COR has considered whether or not there are future plans to acquire the same type of supplies or services (e.g., further extensions or renewals by competitive or other means). No subsequent acquisitions are anticipated as this is a unique rulemaking that is not anticipated to require any follow-on rulemaking activities.

b. ADM will closely scrutinize future requests for renewal of technical assistance for

Completion of Emergency Preparedness Small Modular Reactor and Other New Technology Rulemaking and Guidance and will ensure that any restrictions to competition are adequately supported and documented.

11. Certifications

By signing below, the COR certifies that the justification is accurate and complete to the best of his or her knowledge and belief.

Contracting Officer Representative

Glenna Lappert, COR Date:

This is to certify that the justification for the proposed acquisition has been reviewed and that, to the best of my knowledge and belief, the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer

Aracelis Perez-Ortiz Date

Glenna Lappert August 27, 2020