JOFOC IT Support Signed.pdf

ORO F 542.25

(Rev. 3/242020)

U.S. Department of Energy Office of Science

Consolidated Service Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

I. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Department of Energy (DOE)

Contracting Activity: Office of Science (SC) Consolidated Service Center (CSC) Office of Acquisition & Business Services (OABS)

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

This Justification for Other than Full and Open Competition (JOFOC) sets forth the justification and approval for the use of one of the exceptions to full and open competition allowed by 41 U.S.C. 3304 as promulgated by Federal Acquisition Regulation (FAR) 6.302.

In support of DOE SC, the CSC intends to contract by means other than full and open competition, by extending contract, GS-35F-0579T/DE-DT0008046, with 22nd Century Technologies Inc. by 1 month; thereby, extending performance from September 10, 2020 to October 9, 2020, in order to complete the award of a new contract and transition the services being provided to a successor contractor.

III. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

Contract GS-35F-0579T/DE-DT0008046 is for support services for IT management, operations, and systems development. The contract supports approximately 2,000 users at various SC federal sites.

In an effort to maintain continuity of mission essential services and award a new contract to a successor contractor, a modification to extend 22nd Century Technology Inc’s contract by 1 month will be issued.

The estimated value of a one-month extension is $627,000.00.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

This action is authorized under the provisions of 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.

V. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATION OR NATURE OF

THE ACQUISITION REQUIRES USE OF AUTHORITY CITED

The CSC issued a solicitation for the follow-on contract in April 2020 and expected to have the new follow-on contract awarded and set to begin on July 10, 2020. However, due to the unexpected impacts and unavoidable delays associated with the coronavirus (COVID-19) pandemic, there was not adequate time before the current contract was set to expire (July 9, 2020) to finalize the award and transition to the follow-on contract. A JOFOC was previously issued on July 2, 2020 to extend services for two months to September 9, 2020. In that two-month time frame, additional unavoidable http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

U.S. Department of Energy Office of Science

Consolidated Service Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

delays with processing the follow-on contract through DOE security procedures have occurred and are currently in the process of being resolved. It is estimated that the issue will be resolved within the next month. There is not adequate time before the current contract is set to expire (September 9, 2020) to resolve the issue, finalize the award, and transition to the follow-on contract. Delay in the award of a contract extension with 22nd Century Technologies Inc. would result in serious injury to SC as there would be a lapse in vital IT support services which would essentially shut down the IT network at all SC locations. As the incumbent contractor for these services, 22nd Century Technologies Inc. is the only responsible source that can satisfy the agencies requirements to provide these services during a one-month bridge to the follow-on contract. It is not possible to solicit and award a bridge contract for these services for the one-month period. It is vital that IT support services to the SC continue on an uninterrupted basis, as the SC IT network is essential for SC to carry out its mission critical functions.

Extending the contract for one-month will do the following:

• Allow the Government to complete negotiations and finalize the award for the follow-on contract.

• Allow for a transition from the current contract to the follow-on contract. Transition activities include hiring, badging, and safety briefings/training.

• Allow IT support services to SC to continue on an uninterrupted basis, which will provide continuity of operations for mission critical functions.

• Provide stability to the contractor workforce during times of uncertainty.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING

WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY FAR

SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES

The CSC intends to issue a modification to extend the period of performance for the contract listed above. Pursuant to FAR 6.302-1(d)(2), a special notice of intent to issue a sole-source modification for the one-month extension will be posted on Beta.SAM.gov.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The current contract with 22nd Century Technologies Inc. was awarded as a 100% Small Business Set-Aside on GSA’s IT-70 Federal Supply Schedule in accordance with FAR 8.4. The same terms and conditions of the current contract will remain unchanged for the extension period; therefore, there is no cost increase from current contract labor rates during the extension period.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

For the purpose of putting in place a one-month extension to provide bridge contract coverage while completing the procurement of a successor contractor, the Government has contacted no other source.

To maintain continuity of services and avoid a lapse in vital IT support services to SC, it is in the Government’s best interests that the incumbent contractor, 22nd Century Technologies Inc., perform this work for the one-month extension of the current contract.

U.S. Department of Energy Office of Science

Consolidated Service Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The incumbent, 22nd Century Technologies Inc., has been providing IT support services to SC since 2015. They have the sole knowledge and expertise to provide the level of services required during the length of the extension. A non-competitive contract extension is determined to be essential and in the best interest of the Government in order to maintain continuity of vital IT services during the one-month bridge period to the start of the follow-on contract. Awarding a contract to someone other than 22nd Century Technologies Inc. prior to the current contract’s expiration date is not a viable option, as it would not be possible to solicit, award and transition to another contractor for the one- month period required for the extension.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

The CSC intends to issue a modification to extend the period of performance for the existing contract.

Because this is not a new acquisition, sources were not notified and therefore, none expressed an interest in the extension period.

XI. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

An acquisition is currently underway to procure IT support services for SC under a new contract.

The solicitation was issued as a BPA order against the DOE CIO Business Operations Support Services BPA 89303019AIM000005 with Accenture Federal Services. The master BPA was competitively competed against GSA’s IT 70 Schedule. The one-month extension will allow the Government to complete the award of a new contract and complete the transition to a successor contractor.

U.S. Department of Energy Office of Science

Consolidated Service Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CERTIFICATIONS

The supporting data (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for this other than full and open competition) which for a basis for this justification are certified as accurate and complete.

SIGNATURE

Kevin Campbell

Acquisition Initiator Date

This justification is certified accurate and complete to the best of my knowledge and belief.

SIGNATURE

Brandon Whittier

Contracting Officer Date

REVIEWS

SIGNATURE James Fuerstenberg Legal Counsel

Bryce L. Robinson Branch Chief, OABS

APPROVALS

Jamie Ford CSC Competition Advocate