Mod P00001 ODC Funds JOFOC TVI.pdf

Contract 89233119CNA000098 Page 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Nuclear Smuggling Detection and Deterrence Warehousing Facilities and Related Services

August 27, 2020

I. AGENCY IDENTITY AND CONTRACTING OFFICE

The Office of Global Material Security, Nuclear Smuggling Detection and Deterrence (NSDD) (NA-213) of the U.S. Department of Energy (DOE), National Nuclear Security Administration (NNSA) plans to modify a contract for warehousing facilities and related services. The contracting activity is the NNSA Contracting Operations Division, Service Acquisition Branch, Headquarters Program Section (NA-APM-124.1).

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

This document sets forth the justification and approval of the use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984. This new contract action is for a modification to the contract, 89233119CNA000098, with Technology Ventures Inc. (TVI), located at 25200 Malvina, Warren, Michigan 48089, under which TVI provides logistics and equipment management services for specialized radiation detection equipment in support of NSDD (NA-213). 89233119CNA000098 has a two-year base period, with one, one-year option period, a potential total performance period of three years. The proposed modification would increase the ceiling for the Other Direct Costs (ODC) contract line item number (CLIN) under 89233119CNA000098 by $800,000 to account for additional, required equipment purchases in furtherance of the contract requirements. The total contract value will subsequently increase from $1,950,322 to $2,750,322. The modification would not alter the performance period of the contract.

III. DESCRIPTION OF SUPPLIES AND/OR SERVICES

Under 89233119CNA000098, TVI currently provides logistics and equipment management services for specialized radiation detection equipment in support of NA-213. This includes services to support the logistics, procurement, and storage of radiation detection systems, components, and related equipment and materials detection systems which are shipped worldwide and assembled by a variety of parties both at home and abroad.

NNSA has determined that it requires TVI to procure and install additional equipment that was not originally included in the not-to-exceed levels of the ODC contract line item. The purchase and integration of the equipment is fundamentally intertwined with

Contract 89233119CNA000098 Page 2 performance of the current contract and cannot be performed by another party.

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 entitled, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

V. APPLICATION OF AUTHORITY

The contract to be modified was competed amongst Women Owned Small Businesses and awarded on the basis of best value to the current performer, TVI (see § VI).

Because of the fundamental ties between the performance under current contract and the proposed modification’s scope of work, no party other than TVI is capable of performing the work.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

NNSA awarded 89233119CNA000098 to TVI on June 28, 2019. Prior to award, NA- 213 conducted an informal industry research in the form of a market survey inclusive of both small and other-than-small businesses. Originally, based on this market research, NSDD determined that only TVI had the capabilities required to fulfill NNSA’s mission.

However, NNSA, not satisfied with only informal market research, issued Request for Information 89233119NNA000027 (the “RFI”) on January 3, 2019. Since the requirement was at the time being performed by an Economically Disadvantaged Women-Owned Small Business (EDWOSB), the RFI solicited capability statements from EDWOSB’s capable of performing the work. In response to the RFI, NNSA received capability statements from 14 vendors. Out of the 14, 6 were identified as EDWOSB. NNSA thoroughly evaluated the 6 EDWOSB responses received against the list of performance specifications: warehouse ownership, location near navigable waterways with access to Atlantic and Pacific shipping, and corporate experience or presence of an approved property management system.

Upon further review of submitted information, the requirement was solicited amongst Women Owned Small Businesses. Following evaluation of offers, a contract was awarded to TVI based on a determination of best value.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

It is the determination of the Contracting Officer that the anticipated costs will be fair and reasonable based on a TVI’s approved GSA Schedule Rates under GS-10F-0100L and in comparison with the Independent Government Cost Estimate (IGCE), and

Contract 89233119CNA000098 Page 3 previous historical data.

VIII. MARKET RESEARCH

See Section VI.

IX. OTHER FACTS

There are no other relevant facts regarding this contract action.

X. INTERESTED SOURCES

As noted in Section VI, the existing contract was awarded as a result of competition limited to Women Owned Small Businesses. This modification is considered not to have sufficient enough change to the existing contract scope so as to have altered the competitive landscape. Offerors on the base contract would not have materially changed their offer, and the determination of best value would not have been changed by the inclusion of this work in the original solicitation.

XI. STEPS TO FOSTER COMPETITION

The scope of work contained in the modification will be included in future competitions for the requirement for warehousing facilities and related services in support of NA-213.

Contract 89233119CNA000098 Page 4

XII. CERTIFICATIONS

Acquisition Initiator/Technical Representative:

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Competition Advocate:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this JOFOC does not exceed $13.5M, this review serves as approval.

Signature Date

Debra A.

Moone

Digitally signed by Debra A. Moone Date: 2020.09.16 14:50:11 -04'00'

Digitally signed by FERNANDO SOTO-PEREZ DN: c=US, o=U.S. Government, ou=Department of Energy, cn=FERNANDO

SOTO-PEREZ,

0.9.2342.19200300.100.1.1=89001003219174 Date: 2020.09.16 14:58:50 -04'00'

Temi Osinuga

Digitally signed by Temi Osinuga Date: 2020.09.17 09:36:04 -04'00'