JOFOC_for_posting.docx

July 30, 2015

JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION (JOFOC)

U.S. Department of Energy National Energy Technology Laboratory

Research and Engineering Services

DE-FE0004000

I recommend that negotiations be conducted only with AECOM for the supplies or services described herein:

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 National Energy Technology Laboratory (NETL) seeks award of a contract extension on a sole source basis via contract modification to AECOM for the continued support under the Research and Engineering Services (RES) contract DE-FE0004000. AECOM provides the necessary skilled personnel, facilities, equipment, materials, supplies, and services to support NETL in its implementation of assigned basic, applied, and technology development based energy research, and corresponding infrastructure responsibilities.

2. The nature and/or description of the action being approved, i.e. sole source, limited competition, establishment of a new source, etc.

NETL requests approval of this Justification For Other than Full and Open Competition (JOFOC) to authorize a period of performance term extension of five (05) months. It is expected that this additional period of performance extension will provide the time necessary for the Government to complete the required competitive process. While it is expected that this extension will allow the time necessary to complete this action, the Government reserves the right to extend the term further if it is determined that additional time is necessary.

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

AECOM provides the necessary skilled personnel, facilities, equipment, materials, supplies, and services to support NETL in its implementation of assigned basic, applied, and technology development based energy research, under contract number DE-FE0004000. A detailed Statement of Work is contained in the contract and a FOIA released version of the contract is available at the NETL electronic reading room located at http://www.netl.doe.gov/business/site-support. The estimated value of the contract extension is $42,000,000 based on current contract monthly costs and anticipated continuance of work efforts.

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

The authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1), and also CICA 41 USC 253(a)(1)(A) since this is an extension resulting from corrective action taken from a protest; the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

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

The period of performance for contract DE-FE004000 was previously established as from 11/15/2009 through 7/31/2018 (11/15/2009 through 11/14/2014 original contract term; extended by various modifications from 11/15/2014 through 7/31/2018). The various extensions were warranted due to additional time necessary to complete a competitive action; stay of contract due to protest received; and stay of contract to allow for time necessary to implement the Agency corrective action (revised solicitation and competitive action) as resolution to the protest received.

As the incumbent contractor, AECOM is the only contractor capable of providing uninterrupted services required for the continuation of the services, at the level of quality required, as a bridge contract to allow the Government the necessary time to complete a competitive action for a follow-on contract. The sole source bridge contract is needed because simultaneously running a competitive bridge contract would not reduce the time involved in getting a follow-on contract in place and could not be completed in a shorter period of time than that of the follow-on requirement. The competitive follow-on solicitation is the most expedited manner to meeting the goal of award of a competitive action and the bridge contract with the incumbent is the only means to continue services while the competition process is completed. AECOM, as the incumbent, has the required personnel, necessary resources, tools, and procedures in place to ensure continuity of services while the competitive action process is completed. The solicitation has been issued, proposals have been received, and the Government is in the process of evaluating the offers received. Therefore, as indicated in this justification, AECOM’s incumbent contract will be modified for the requested extension period of performance necessary for the completion of the evaluation, selection of follow-on awardee, and transition to a new follow-on contract.

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, but must be in the body of the JOFOC.)

This requirement is a one-time action due to the competitive process not being completed prior to the expiration of the current contract. AECOM is the current contractor performing the related services at the NETL Morgantown, West Virginia, Pittsburgh, Pennsylvania, and Albany, Oregon sites. A pre-solicitation notice will not be publicized in accordance with FAR subpart 5.202(a)(11) “The proposed contract action is made under 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.” However, in accordance with FAR subpart 5.406 public disclosure of the justification document content will be posted to the GPE. In addition, the amendment to cancel the solicitation and the revised “new” solicitation will be posted to the GPE.

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.

$8,400,000 is the estimated dollar value based on the current contract price per month. Given that the anticipated cost is based on the current contract price per month, the Contracting Officer has determined that the anticipated price is fair and reasonable.

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.

Market research was completed for the follow-on requirement and a competitive solicitation was issued. This extension is necessary to complete the competitive process. Market research was not conducted for this extension due to the unique capabilities and knowledge base of the recommended source and the need for continuity of services which can only be accomplished by the incumbent contractor for this bridge contract.

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

a. Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available.

b. When FAR Subpart 6.302-2 is cited for follow on acquisition as described in FAR 6.302-1(a)(2)(ii), an estimate of cost to the Government that would be duplicated and how the estimate was derived.

c. When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

The unique circumstances resulting from a major reorganization, changes in the requirements, schedule impact due to a protest of the selection and award under the competitive solicitation DE-SOL-0005395 for follow-on services, and the Agency’s decision to take corrective action in response to the outcome prediction Alternate Dispute Resolution, support the determination to extend the current contract as a bridge in order to allow time to complete the competitive process. A new competitive solicitation for follow on services under DE-SOL-0010762 was issued and additional time is needed to complete the competitive process.

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

N/A

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

Subsequent acquisitions for these services will be conducted on a competitive basis. This is a bridge contract to allow the necessary time for completion of the competitive follow-on activity. Therefore, no further action is required to remove the barriers to competition.