Sole Source Justification FAR 13.5 NEEP_Redacted.pdf

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.5

1. Identification of the agency and contracting activity:

The U.S. Department of Energy (DOE), Headquarters Procurement Services, proposes to enter into a contract on a Firm-Fixed-Price (FFP) sole-source basis on behalf of the U.S.

Energy Information Administration (EIA), Office of Energy Analysis (OEA), with the Northeast Energy Efficiency Partnerships (NEEP) for its Regional Energy Efficiency Database (REED). This document sets forth the justification for the sole-source acquisition found at Federal Acquisition Regulation (FAR) 13.5 in accordance with 41 U.S. Code § 1901.

2. The nature and/or description of the action being approved:

The EIA intends to award an FFP sole-source award to NEEP for a one-year base period from August 15, 2022 to August 14, 2023, and two (2) one-year options.

EIA requires an order with NEEP to procure REED to update EIA’s representation of utility-sponsored programs in the National Energy Modeling System (NEMS).

Vendor Name: Northeast Energy Efficiency Partnerships, Inc.

Address: 81 Hartwell Avenue, Lexington, MA 02421 Unique Entity ID: EYCSZBK3HVW7 CAGE Code: 7V4K0

3. A description of the supplies or services required to meet the agency’s needs including the estimated value:

REED provides public access to data on electric and natural gas utility energy efficiency and demand-side management program expenditures, energy savings, the cost of saved energy, and avoided emissions impacts. The database supports EIA’s overall mission to make energy data available to the public and also informs assumptions for the Annual Energy Outlook (AEO).

The AEO is published to satisfy the Department of Energy Organization Act of 1977, which requires the Administrator of the U.S. Energy Information Administration to prepare annual reports on trends and projections for energy use and supply. The AEO presents an assessment of the outlook for energy markets through 2050. This product is critical to EIA’s mandate to provide an unbiased view of energy markets and to promote public understanding of important energy issues.

Anticipated Dollar Value of the Proposed Acquisition:

The Anticipated Dollar Value for the Base Year is , with a base and two one-year options total of if all options are exercised.

4. The statutory authority permitting the sole source acquisition:

The statutory authority permitting the sole source acquisition is 41 U.S. Code § 1901 as implemented by FAR 13.501(a).

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

NEEP is the only source that collects measure-level data on an annual basis pertaining to electric and natural gas utility energy efficiency and demand-side management program expenditures, energy savings, the cost of saved energy, and avoided emissions impacts in Northeastern and Mid-Atlantic states. Using the REED data enables EIA to use existing methods to update energy consumption parameters in NEMS, and informs assumptions about energy efficiency incentives in the AEO.

NEEP collects and disseminates this data and associated reports using practices that are consistent with EIA’s standards, and in a format that is consistent with NEMS existing inputs.

EIA relies on this data to prepare annual reports on trends and projections for energy use and supply. Ensuring the availability of this data supports EIA’s overall mission to make energy data available to the public. NEEP also makes this data available to the public by request, and provides technical assistance to all end users of the data. If REED data is not procured this fiscal year, EIA modeling assumptions with regard to the evolution of utility-sponsored energy efficiency programs will be out-of-date. In particular, the REED data for this fiscal year will give important insight about lighting programs in 2020 and how utilities have been investing in incentive programs that target associated electricity use reductions. Lighting standards in particular are a subject of significant legislative debate, and the Annual Energy Outlook will not adequately capture these dynamics—and will lack sufficient incentive information affecting numerous other end uses—without the REED data.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practical, including whether a notice was or will be publicized as required by Subpart 5.2 and if not, which exception under 5.202 applies:

The Contracting Officer posted a Notice of Intent to Sole Source to SAM.gov on June 6, 2022, as required by FAR 5.2, to ensure offers were solicited from as many potential sources as practicable for this sole-source FFP order. The posting closed June 21, 2022 with no vendors responding to the notice of intent. Still, EIA will continue to look for the highest quality and most thorough information providers at the lowest cost.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of the proposed price with prices found reasonable on previous purchases and market research.

8. A description of the market research conducted:

EIA has not been able to identify any other sources comparable to NEEP Regional Energy Efficiency Database. NEEP is the exclusive creator, publisher, and distributor for REED.

NEEP provided an updated letter on June 7, 2022 confirming that NEEP is the sole source provider of REED.

Furthermore, a Notice of Intent to Sole Source was posted to SAM.gov on June 6, 2022 and closed June 21, 2022. No responses were received.

9. Other facts supporting the use of Sole Source Justification:

None

10. A statement of actions, if any, that were taken to remove or overcome any barriers to competition:

No other vendors have been identified or expressed an interest in providing the unique detailed reports that are supplied by NEEP. If in the future other sources are identified to provide these unique reports, then this requirement will be competed.

CERTIFICATION:

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.

REVIEW:

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