Sol_DOIEFBO240002.pdf

The purpose of this announcement is to provide notice that The U.S. Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), intends to make a firm fixed price, sole source award to Elastec Inc., 1309 W Main St, Carmi, IL 62821, for the procurement of On-Water Test and Evaluation of the Restricted Burning Tongue Boom System.

The Contracting Office at Bureau of Safety and Environmental Enforcement (BSEE), Acquisitions and Operations Branch, Sterling, Virginia, 20166 hereby gives notice of intent to award a sole source contract to Elastec Inc., for the procurement of On-Water Test and Evaluation of the Restricted Burning Tongue Boom System.

The Government intends to enter into a firm fixed priced purchase order. This acquisition is conducted in accordance with Federal Acquisition Regulation (FAR) 13.106-1(b) (1) Soliciting from a Single Source, and (FAR) 6.302-5(b)(5) - Sole source awards under the HUBZone Act of 1997. The Contracting Officer has determined that the circumstances of the contract action deem only one source reasonably available due to the uniquely qualified source that can provide the expertise and coordination necessary to meet the Federal Government requirements for services and no other sources will be able to accurately satisfy agency requirements.

The applicable North American Industry Classification System (NAICS) for this requirement is 541620 - Environmental Consulting Services - with a size standard of $19M.

The intent of this announcement is for informational purposes only. Responsible sources may submit a capability statement which shall be considered by the agency. No contract award will be made on the basis of EOIs, proposals or quotations received in response to this notice.

Interested persons may identify their interest and capability to respond to the requirement (see attached Justification) and should furnish detailed data concerning their capabilities to provide the services sought including pricing data and technical data sufficient to determine that a comparable source to the government is available. The Government will be the sole determiner regarding an offerors ability to meet all requirements. A determination by the government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. All information shall be furnished at no cost or obligation to the Government.

Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Submitters bear the burden of ensuring that the EOI reaches the designated contracting officer on time and are responsible for allowing adequate time for transmission to be completed. The offeror bears the risk of non-receipt of transmissions and should ensure that all pages have been received by the designated office before the deadline indicated.

This purchase will be under Simplified Acquisition Procedures and Other Than Full and Open Competition as authorized under FAR 6.302-1. This purchase order will be awarded as a commercial item in accordance with Federal Acquisition Regulation, Parts 12 and 13. The anticipated award date is April 22, 2024. All submissions in response to this notice must be submitted in writing via email to the Contracting Officer, Catherine Robertson, at Catherine.robertson@bsee.gov no later than April 08, 2024 at 14:00 ET. Telephone calls regarding this matter will neither be accepted nor returned.

Department of the Interior Bureau of Safety and Environmental Enforcement

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

(JOFOC for Acquisitions > SAT) (Optional for Acqs. ≤ SAT)

I recommend that the BUREAU OF use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. Nature/Description of the Acquisition [FAR 6.303-2(b)(2)] The bureau anticipates a sole source, firm-fixed-price (FFP) contract to be awarded with a 10- month period of performance to Elastec Inc. In 2021-2022, Elastec designed and built the Restricted Burning Tongue boom configuration for increasing the efficiency of in-situ burning of oil. The initial design phase produced a prototype boom configuration that allows for controlled release of oil into the burn area while deployed in moving water. The boom configuration was tested in simulated oil spill conditions in controlled tanks (meso-scale tests); these burn tests resulted in lower emissions compared to traditional in-situ burn configurations. The contemplated contract will allow for full-scale on-water Test and Evaluation (T&E) of this newly constructed Elastec system in the open ocean, with the intent of advancing the Technology Readiness level of this system for eventual deployment at a spill of opportunity.

2. Description of Supplies or Services [FAR 6.303-2(b)(3)] The Contractor shall provide subject matter expertise (SME) to coordinate and perform an on-water test of the Restricted Burning Tongue boom configuration utilizing equipment designed and fabricated under a previous contract with Elastec. The contractor shall assist BSEE in preparing the T&E plan since they are uniquely qualified in the deployment of their vane-system design. The contractor will train the Oil Spill Removal Organizations on equipment deployment and will assist BSEE in evaluating its readiness for future spill response. The Contractor will also develop an operational deployment guide on this system, and will coordinate the shipment of the equipment (currently stored at the Elastec facility under separate agreement with BSEE) to the field test site at a port in the Gulf of Mexico.

6. REQUESTINGOFFICECERTIFICATION

I certify that this recommendation contains the information required by FAR 6.303-2 and its contents are accurate.

Phone No: Date:

7. PROCUREMENT OFFICE CERTIFICATION

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

TO ENSURE PROPER PRINTING DO NOT HIT THE ENTER BUTTON OR INSERT BULLET LISTS

Safety and Environmental Enforcement

Clear Print Form

Requisition No.

5. Name of Proposed Source(s)

Elastec Inc.

Identify one statutory authority for this acquisition to be conducted under ''other than full and open competition'' procedures [FAR 6.303-2(b)(4)]. Provide narrative justification associated with the respective stated authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L.98–369)

8. 41 USC 253(c)(1) – Onlyoneresponsiblesource

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances are applicable. (Explain what makes this contractor the only responsible source: i.e., does this proposed contractor have facilities or equipment that is specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why won't any other product or service satisfy the need? Is the acquisition the result of an unsolicited research proposal [see FAR 6.302-1(a)(2)(i)]? Describe market survey and analysis efforts leading to this conclusion.)

9. 41 USC 253(c)(2) – Unusual and compelling urgency This authority applies in those situations where (1) an unusual and compelling urgency precludes full an open competition and

(2) delay in award of contract would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless it limited the number of sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

10. 41 USC 253(c)(3) – Industrial mobilization; engineering, developmental, or research capability; or expert services This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to establish or maintain an essential capacity for theoretical analyses, exploratory studies, or experiments in any field of science or technology, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services of an expert for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States or Canada?)

11. 41 USC 253(c)(4) – International agreement This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which precludes full and open competition.)

12. 41 USC 253(c)(5) – Authorized or required bystatute This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source.(Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement.

13. 41 USC 253(c)(6) – National Security This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government’s needs would compromise the national security or violate security requirements.)

14. 41 USC 253(c)(7) – Public Interest

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of contract are required.

15. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstrationthat theproposedcontractor’suniquequalifications or the nature ofthe acquisition requiresuse ofthe authoritycited [FAR 6.303-2(b)(5)]. [Preparedby Program Office]

Through a prior BSEE project #1134, Elastec designed and tested the Restricted Burning Tongue boom configuration.

Elastec was responsible for designing the hydraulic gate needed for this project, and the modification of Elastec American Fireboom into the new boom configuration, using a unique vane design to permit towing of the system with one vessel (versus a traditional two-vessel tow system). Elastec personnel tested the boom configuration at meso-scale at both the Ohmsett and the US Army Corp of Engineers CRREL facilities to simulate the function of the system in on- water conditions. This is a one-of-a-kind system that has been built and delivered to BSEE. Only the design team SME’s within Elastec have the experience to support BSEE’s full-scale ocean deployment T&E event.

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. [FAR 6.303-2(b)(6)].

A Notice of Intent to Sole Source will be published on SAM.gov. If a response were received from a responsible entity that successfully contradicts the bureau’s market research, BSEE will consider competing the requirement.

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)].

BSEE will analyze the price of the proposal received in accordance with FAR 15.404-1. Price reasonableness will be determined by comparison with the independent government cost estimate and historical prices paid by the bureau for similar research.

15. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(d) Describe the market research that was conducted and the results of that survey. If actions were taken by procurement personnel to satisfy this requirement such as a GPE sources sought synopsis, please specify. [FAR 6.303-2(b)(8)]. [Initiated bythe Program Office andfinalized in collaboration with the Contracting Officer]

BSEE’s research revealed that Elastec is uniquely qualified to perform the described effort. Elastec was hired under a previous BSEE Project #1134 to design, build and test the system; and prior market research was conducted before BSEE proceeded with the earlier phase. This new phase of the project requires the same set of SME’s to advance the project from “meso-scale” to full open ocean scale field T&E.

(e) Describe any other documentation to support the JOFOC. [FAR 6.303-2(b)(9)]. [ N/A

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)].

N/A

(g) List the actions the Bureau will take to promote competition on any subsequent acquisitions for similar supplies or services.

[FAR 6.303-2(b)(11)]. [Prepared by Contracting Officer]

As part of its responsibilities to promote oil spill preparedness through technology development, BSEE will continue its outreach efforts and research to identify any other capable vendors which can perform research in similar areas.

APPROVALS (FAR 6.304)

O v e r

16. Chief of the Contracting Office (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $7

,0

17. Competition Advocate (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $1

3.

m ill io n 18. Headofthe Contracting Activity(Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $6 m ill io n

19. Departmental Senior Procurement Executive (Name & Title) APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

INSTRUCTIONS FOR COMPLETING FORM

Block No.

6 & 7

8-14

15(a)

Describe the nature of the contractual action for which approval is requested (i.e., new contract, modification).

Include type of contract (i.e., FFP, CPFF, etc.)(discuss with CO); type and year of funding; and estimated share and ceiling arrangements, when applicable.

• Briefly describe product/service to be acquired;

• Explain requirement in layman’s terms so it canbe understood by a reviewer not familiar with therequiring activity;

• Identify the requiring activity;

• Includeoptionquantitiesandperformanceperiods; and

• If the action described is a modification, distinguish between the work covered by the basic contract and the proposed modification.

Include all applicable optionand system life-cycle costs.

Include more than one source as a proposed contractor, unless you are citing 41 USC 253(c)(1). For example, if the procurement is based on unusual and compelling urgency, you must still contact as many potential sources as is practicable unless the justification for urgency contains detaileddocumentation to show that it is not practicable under the circumstances to solicit additional sources (see FAR 6.302-2(c)(2)).

Obtain certification from the requesting office and contracting officer prior to submitting for approval.

Check the box next to the justifying statutory authority. Only one statutory authority can be cited. The justification on pages 3 to 5 must be clear and concise as to how the cited authority is related to the acquisition. For Information Technology acquisitions ofspecific make and modelitems, thestatutory authoritygenerally will be 41 USC253(c)(1),only one responsiblesource.

• Discuss the unique requirements of the product/service that necessitates a noncompetitive action. What are the minimum requirements of the product/service? For IT acquisitions, what are the unique specifications that only one source can meet?

• Describe how the required delivery/performance date impacted the decision to restrict competition;

• Identify the proposed sole source contractor, if applicable, and discuss its unique capabilities, experience, expertise, etc. that makes it the only one capable of performance;

• When competition would have been feasible had more time been available, discuss factors such as cost/time to conduct a competitive procurement, time available versus time required, phase-in/phase-out time, and complexity of requirement;

• When the requirement was “directed or mandated” at a higher level, identify who imposed the requirement and how the mandate was communicated. Provide a copy of applicable documentation.

• Identify the constraints such as schedule requirements, unique features and mandatory requirements, or the existence of patent, proprietary data, copyright or other such limitations which restrict competition.

• If the requirement is for an interim contract or contract extension with the incumbent, discuss why it would be neithercost effective nor realistic to expectanothercontractor to performduringthebriefinterimperiod. Some relevant items may be: start up costs; manning problems including recruitment andassociated relocation fees;

transfer and accountability of a large amount of GFP; variety and complexity of requirements; preparation of management plans.

• Describe the detrimental effects to the mission of the requiring activity or to the government that would result if the JOFOC was not approved and product/service not acquired. A general statement of mission failure is not sufficient.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

15(b) Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of effective competition anticipated for this acquisition.

15(c) Describe action taken to ensure that the CO will determine a fair and reasonable price (e.g., obtain audit/field reports, perform cost and/or price analysis, perform cost realism, prepare independent government estimate, etc.)

15(d)

Describe the extent of the market research (FAR 10.002) conducted to identify all qualified sources and the results thereof. Researching the marketplace may range from written or telephone contacts with knowledgeable federal and non-federal experts regarding similar or duplicate requirements, and the results of any market test recently undertaken, to the more formal sources-sought announcement in pertinent publications (e.g., technical/scientific journals, or the FedBizOpps), or solicitations for information or planning purposes. Additional guidance is available on the Procurement Division's Pipeline site.

15(e)

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

• 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;

• When FAR 6.302-1(a)(2)(ii) is cited for a follow-on acquisition, include an estimate of the cost to the Government that would be duplicated and how the estimate was derived; and

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

15(f)

Include a listing of the sources that expressed written interest in the acquisition. If applicable, clearly state "To date, no other sources have expressed an interest in writing." [Also state that the notices required by FAR 5.201 shall be/have been published and any proposals received shall be considered. If a FedBizOpps notice will not be published, state which exception in FAR 5.202 applies.(coordinate with CO)]

15(g)

Describe action taken to ensure that future buys will be competed. Action taken to enhance competition might include challenging restrictive data markings, developing plans to acquire unlimited data rights, the development of a second source, develop segments of the requirement that can be competed, etc. If competition is planned, provide the estimated dates of the first competitive action. Provide an explanation if no competition is planned.

When future competition is not anticipated because this JOFOC covers all known requirements, so state.

16-19

If any person required to sign-in these blocks does not approve, the procurement shall not proceed any further and the JOFOC shall be returned to the requisitioner through the CO. All signatures required on the form (as applicable to the particular acquisition) must appear in order for the procurement to proceed.

INSTRUCTIONS FOR COMPLETING FORM