JOFOC.pdf

U.S. NUCLEAR REGULATORY COMMISSION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Statutory Authority:

The authority permitting a noncompetitive procurement is FAR Subpart 13.106-1 (b)(1)& FAR Subpart 6.302-1, which provides for limiting competition where the Contracting Officer determines that only one source is reasonably available.

Description of the Action Being Approved:

The U.S. Nuclear Regulatory Commission (NRC) proposes to issue a sole source purchase order in the amount of$20,OOO to the Washington Speakers Bureau for payment for the services of Mr. Richard Shierer to speak at the NRC's Tenth Anniversary Commemoration of the events of September 11, 2011 and for payment of his round trip travel expenses from New York, New York. The period of performance for this purchase order is August 29, 2011 through September 6,2011.

Description of Services Required:

The Office of Nuclear Security and Incident Response (NSIR) is one of the member offices on the NRC's agency committee that is responsible for coordinating the events for this Commemoration. One of NSIR's primary responsibilities as a committee member is to obtain the services of the speakers for this event.

The Commemoration will take place at the NRC Headquarters in Rockville, Maryland on September 1, 2011.

The speaker portion of this event will take place in the Headquarters Auditorium from 9:00 AM to 11:00 AM.

The speaker wi!! be required to give a fifteen to twenty minute speech / presentation the topic of which is the speaker's experiences managing the September 11, 2001 disaster response of New York City in his position as the Commissioner of Emergency Management for the City of New York.

Demonstration that the Proposed Contractor's Unique Capabilities - Qualifications requires the use of this Authority:

The only way to obtain the services of Mr. Shierer is to contract with the Washington Speakers Bureau, as they exclusively represent Mr. Shierer and negotiate on his behalf for all of his speaking engagements. Mr. Shierer is uniquely qualified to speak on this topic due to his position as New York City's Commissionerfor Emergency Management when the September 11, 2001 disaster took place. As a result of his position at the time he is the only known speaker with the September 11, 2001 "hands on" experience necessary to provide the detailed, accurate, knowledgeable, and realistic perspective of this disaster and the types of actions that would be needed to manage a nuclear emergency in this type of scenario.

Description of Efforts to Contact as Many Sources as Practicable:

On-line research was conducted by NSIR in an effort to identify several potentia! speakers who would be appropriate to speak at this event. The first individual looked at was Mr. Rudolph Giuliani who was the Mayor of New York City on September 11,2001. However, a search of Mr. GiuliahI's speaking fees revealed that they range from $100,000 to $200,000, which is far in excess of the funding that NRC has available for this event. Another Individual that NSIR looked at as a potential speaker was the Honorabe Tom Ridge who was the Secretary of the U.S. Department of Homeland Security on September 11, 2001. Mr. Ridge's speaking feesrange from $25,001 to $40,000, which ils also in excess of the fuhding that NRC has available. In addition, it was.determined th.at due to his esteemed P.Ositi.on,Mr. Ri~ge would not be able to provide the detailed of "hands on" experience that the tRC was Ipoking for in the l speaker for thislevent

Determination that Costs Ae Fair and reasonable:

,Jrior to purchase order award, the Contracting Officer will make a determination that the cost to the Government is fair and reasonable. Mr. Shierer's services are considered t6 be commercially available at published prices since he is designated as a Fee Category 3 speaker on the Washington Speakers Bureau website and the fee schedule for Fee Category 3 speakers is posted on this website as well.

Market Research Conducted: I On-line research was conducted by NSIR in an effort to identify several potential speakers who would be appropriate to speak at this event. The first individual looked at was Mr. Rudolph Giuliani who was the Mayor of New York City on September 11, 2001. However, a search of Mr. Giuliani's speaking fees revealed that they range from $100,000 to $200,000, which is far in excess of the funding that NRC has available for this event. Another Individual that NSIR looked at as a potential speaker Was th~ Honorabe Tom Ridge who was the Secretary of the U.S. Department of Homeland Security on September 11, 2001. Mr. Ridge's speaking fees range from $25,001 to $40,000, which is also in excess of the funding that NRC has available. In addition, it was determined that due to his esteemed position, Mr. Ridge would not be able to provide the detailed of "hands on" experience that the NRC was looking for in the speaker for this event.

Other Facts supporting the Use of Other than Full and Open Competition:

None

List of Sources that expressed An tnterest:

Since this procurement action falls within the range of $15.,000 to $25,000, IrAR $..101 (a)(2) requires display in a public place, or by appropriate electronic means. Therefore, notice of this inte~ded sole source action was publ~shed on the NRC public website for 10 days, as required. No responses weIre received in response to this posting.

Statement of Actions NRC May Take to Remove Barriers to Competit,on:

If this type of procurement action were to arise at the NRC in the future, thelNR~ would once again conduct market research in an effort to create as much competition as possible for the procurement action.

Ihereby certify that the information contained within this [ustificatioe is accurate and complete, to the best of my knowledge.

i~lULiJCr- Michael Layton, Acting Director "- U Division of Security Policy

Office of Nuclear Security and Incident Response sIn/ J{ Date

APPROVED:

APPROVED:

Jla,mz /It AhJ Sharon M. Lim, Contracting Officer Research, Resources and Grants Branch Division of Contracts