JOFOC_LM_Support_Services_DE-LM0000421_.pdf

Department of Energy Washington, DC 20585

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

DOE Office of Headquarters Procurement Services

Requesting Organization: Office of Legacy Management

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

The U.S. Department of Energy (DOE) is responsible for post-closure, long-term liabilities resulting from the legacy of nuclear weapons production during World War II and the Cold War. The Office of Legacy Management (LM) has a mission requirement to meet the DOE’s post-closure responsibilities by providing Long-Term Surveillance and Maintenance (LTS&M), records management, benefits continuity, property management, and land use planning.

In support of LM’s mission, DOE’s Office of Headquarters Procurement Services (MA-64) intends to exercise an option under Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services, for Contract Number DE-LM0000421 for Legacy Management Support Services (LMSS).

In accordance with FAR 17.207 (f), “before exercising an option, the contracting officer shall make a written determination for the contract file that exercise is in accordance with the terms of the option, the requirements of [FAR 17.207], and Part 6. To satisfy requirements of Part 6 regarding full and open competition, the option must have been evaluated as part of the initial competition and be exercisable at an amount specified in or reasonably determinable from the terms of the basic contract.”

Since FAR Clause 52.217-8 was not evaluated as part of the initial competition for this requirement, this document details the justification and approval to contract without providing for full and open competition as permitted by FAR 6.302, Circumstances Permitting Other Than Full and Open Competition.

The proposed action provides DOE with a mechanism to obtain support services via the incumbent contractor, until the U.S. Government Accountability Office (GAO) issues a decision regarding the bid protests of the follow-on award. GAO’s decision is not expected until July 1, 2020, a month after contract expiration. Therefore, DOE requires continuity of services until the GAO decisions are issued and follow-on activities are initiated.

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

Contract Number DE-LM0000421 expires on May 31, 2020. DOE intends to exercise FAR Clause 52.217-8, Option to Extend Services, to allow for continuity of services and contract transition activities, which will include contractor personnel training, and management business orientation at 100 long-term surveillance and maintenance sites in 30 states and Puerto Rico. The period of performance under FAR 52.217-8 includes an initial 4-month performance term from June 1, 2020 through September 30, 2020.

DOE also has the discretion to exercise two (2) additional 1-month options for continued performance through October 31, 2020 and November 30, 2020, respectively. The total period of performance under FAR 52.217-8 will not exceed 6 months in accordance with the clause.

In order to sustain DOE’s mission critical support services and to support the extended performance term, the action being approved is an exercise of an option under FAR Clause 52.217-8, which was not evaluated as part of the original competition. Concurrent with the option exercise, DOE will also increase the total contract value by $75,000,000, from $365,989,745.55 to $440,989,745.55.

This increase to the total contract value covers the potential 6-month extension term.

The contractor is Navarro Research and Engineering, Inc. located at 1020 Commerce Park Drive, Oak Ridge, TN 37830.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS INCLUDING THE ESTIMATED VALUE

As noted above, this action will exercise an option under FAR Clause 52.217-8, which was not evaluated as part of the original competition.

This is a cost-plus-award-fee (CPAF) contract. Under this effort, the contractor provides services for day-to-day operations for 100 sites in 30 states and Puerto Rico. Post-closure management services are provided in the following areas to ensure long-term protection of human health and the environment:

Business operations and management;

Legacy records and information management;

Environmental (post remediation) residual risk management; and Site resource management.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

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

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED

Navarro Research and Engineering, Inc. is the incumbent contractor that currently provides DOE with the required services. As noted above, this proposed action provides DOE with a mechanism to obtain support services, until GAO issues a decision regarding the bid protests of the follow-on award. GAO’s decision is not expected until July 1, 2020, a month after contract expiration. Therefore, DOE requires continuity of services until the GAO decisions are issued and follow-on activities are initiated.

The incumbent contractor currently manages the LM long-term surveillance and maintenance sites and they have experience in conducting environmental monitoring and analyses for these sites. While GAO’s decision is pending, the contractor is currently the only source that can provide the services required under the contract without interruption. Any delays in services may impact the LM mission, which provides for the protection of human health and environment.

6. A 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

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

A notice of DOE’s intent to exercise of an option under FAR Clause 52.217-8, which was not evaluated as part of the original competition, was synopsized to the Government-wide point of entry

(GPE) at Beta.SAM.gov in accordance with FAR 5.201. The synopsis was issued on April 24, 2020. No responses to the synopsis were received. Additionally, a copy of this JOFOC will be posted to Beta.SAM.gov for a minimum of 30 days in accordance with FAR 6.305, Availability of the Justification.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Since DOE has historical experience with this contract, the agency has a reasonable basis to predict future costs under an extension. The Contracting Officer will provide a cost analysis and a cost realism analysis of the contractor’s cost proposal to ensure a fair and reasonable cost to the government.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED

The proposed action is an exercise of an option under FAR Clause 52.217-8, which was not evaluated as part of the original competition. A synopsis of the proposed action was issued and no responses were received. In addition, as noted above, the incumbent contractor will provide DOE with continued services until GAO issues a decision on the protests to the follow-on award.

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

COMPETITION

This contract supports the LM mission of fulfilling post-closure responsibilities and ensuring future protection of human health and the environment with the following mission goals:

Protect human health and the environment;

Preserve, protect, and share records and information;

Safeguard former contractor workers’ retirement benefits;

Sustainably manage and optimize the use of land and assets;

Sustain management excellence; and Engage the public, governments, and interested parties.

Therefore, it is critical for services to continue until GAO issues a decision on the protests to the follow-on award.

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

INTEREST IN THE ACQUISITION

No additional sources have expressed an interest in this incumbent effort.

11. A 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

There are no barriers to competition for this action. The circumstances resulting in the need for other than full and open competition are temporary and will not impact future acquisitions. As noted above, the proposed action provides DOE with a mechanism to obtain support services, until GAO issues a decision regarding the bid protests of the follow-on award.

12. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING

OFFICER’S KNOWLEDGE AND BELIEF

As confirmed by the signatures below, the parties hereby certify that the facts and representations included in this justification are accurate and complete to the best of their knowledge and beliefs.