USEER JOFOC Final 7.3.25_Redacted.pdf

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Notice of Intent to Sole Source: US Energy and Employment Report (USEER)
Solicitation number
89303025RCOP00002
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About this file

This document is a Justification for Other than Full and Open Competition (JOFOC) for the U.S. Department of Energy's (DOE) Office of Policy (OP) to modify an existing contract with BW Research Partnership, Inc. (BWR) for the 2025/2026 United States Energy and Employment Report (USEER). The contract modification will extend the base period services for four months and include an eight-month option period, with BWR conducting a comprehensive survey and analysis of energy sector employment across the United States.

The sole-source justification emphasizes BWR's unique capabilities, including a proprietary system for collecting energy jobs data through a nationwide survey that captures direct value chain activities in renewable and fossil energy generation, distribution, transmission, energy efficiency, transportation, and motor vehicles. The USEER will provide detailed employment data for five major energy sectors, with a specific focus on capturing job information related to the Bipartisan Infrastructure Law and Inflation Reduction Act, including construction of new manufacturing facilities, warehouses, logistics centers, and ports. The document highlights that BWR is the only contractor capable of integrating data from different sources to achieve the comprehensive detail required by Congress within the necessary timeframe.

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The Contractor will provide personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to design a supplemental survey methodology, develop survey databases, and engage in data collection activities necessary to produce the annual 2025/2026 USEER.

To provide the final report, the Contractor will conduct the employer survey services with at least responses; analyze the survey results; and calculate job numbers based on the survey and data from the Bureau of Labor Statistics. The Contractor will then draft the national report with 2024/2025 jobs including year-over-year (YOY) changes from 2024 and draft the state level reports. The Contractor will be tasked with cleaning and formatting the data for public use, providing copy edit and layout, and responding to DOE feedback and edits for the final report.

The Contractor will provide support for 2- - Committee meetings. In addition to providing the final report, the Contractor will incorporate feedback for future reports which includes revising the 2024/2025 employer survey and supporting the Paperwork Reduction Act (PRA) and Office of Management and Budget (OMB) process for approvals.

4. 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.

as implemented by the FAR Subpart -1, “Only One Responsible Source and

No Other Supplies or Services Will Satisfy Agency Requirements.”

5. APPLICATION OF AUTHORITY

BWR is uniquely qualified to provide the required research, surveying, and data collection services in support OP’s 2025/2026 USEER, as its proprietary system for collecting energy jobs data has been used exclusively for developing prior USEERs, and because the Government requires access to historical data and current-year energy data to develop the 2025 USEER. Furthermore, no other research model or dataset contains data with a comparable breadth of energy-related jobs information as provided by BWR, and both the USEER and other government datasets are reliant upon the data generated from proprietary research system for additional fine-tuning and accuracy.

Background on Requirement OP’s Office of Energy Jobs is tasked with the development and delivery of an annual USEER as the authoritative source for energy jobs data in the United States. The USEER helps guide decision-making and policy in the energy sector, providing a comprehensive overview of the energy labor market. The USEER offers unique insights into the individuals who meet the nation’s energy needs, identifying important trends and skillsets for the 21st century energy workforce, and providing data on employment trends in five major energy sectors — Electric Power Generation; Transmission, Distribution, and Storage; Fuels; Energy

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Efficiency; and Motor Vehicles. In addition to the major energy sectors, to better reflect shifts due to the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA), the 2025/2026 USEER will capture construction firms that are involved in the construction of new manufacturing assembly facilities, related warehouse and logistics centers, ports (primarily related to offshore wind) and other facilities.

The 2025/2026 USEER requires a reliable dataset that can be utilized to categorize employment in certain industries and occupations as either energy jobs or non-energy jobs;

and among those classified as energy jobs, jobs that are attributable to fossil energy sources versus renewable energy sources; and to identify the actual fossil or renewable energy source that supports the job.

Previous years’ USEERs were prepared under a Memorandum of Understanding (MOU) between the National Association of State Energy Officials (NASEO) and the Energy Futures Initiative (EFI), and a contract between EFI and BWR. BWR is the exclusive owner of the underlying data, and the current provider of the USEER.

Rationale for Sole Source BWR has developed a proprietary system for collecting energy jobs data. BWR collects data from a sample of firms operating in the energy sector. The data is collected through a survey, and BWR’s survey methodology is unique because it is the only nationwide energy employment-focused survey that captures the direct value chain activities related to renewable and fossil energy generation, distribution and transmission, energy efficiency, transportation, motor vehicles, and other energy-related activities.

BWR’s survey methodology on wage and benefits data is the only national effort that builds on existing federal data sources, which reduces overhead cost of building that capability and novel analytical models, reducing prices while providing more accurate and timely data.

BWR has also developed a unique approach to extrapolating employment data by technology to the county level. BWR’s years of experience refining and developing a team of experts to deploy this DOE-validated research approach will further reduce overhead costs and provide more timely and accurate data.

It is not possible for another organization to perform the sheer breadth of labor statistics in time to support DOE’s Congressional mandate for issuing the 2025/2026 USEER.

Attempting to recreate BWR’s energy jobs survey would significantly impair the 2025/2026 USEER’s timely completion, as well as represent a substantial duplication of cost, as any other entity would need to devise a similar survey instrument with the timelines needed to complete the 2025/2026 USEER. Any attempt to use another contractor will result in the new contractor subcontracting to BWR to obtain access to their proprietary system for collecting data. This would result in increased costs and additional overhead which is not in the best interest of the Government.

Without the proprietary approach used by BWR, OP would not have the full picture of energy sector employment. The survey data is required to fine tune other government data sets. DOE has been working with the Energy Jobs Council (mandated by BIL, an advisory council made up of other government experts) to improve the data available from public datasets; however, this initiative is still a few years off from completion before DOE will no longer require a supplementary survey from the private sector (even if there is interest and capacity). To respond to its Congressional mandate, DOE needs the methodology employed by BWR to execute the 2025/2026 USEER. If DOE were modeling future jobs, there would be other potential competitors, but looking at past jobs is a niche area of work, and only BWR is capable of integrating data from different sources to achieve the comprehensive detail and level of granularity in the energy sector that Congress requires.

BWR stands as the only responsible source for the 2025/2026 USEER services required.

Combined, BWR’s position as the incumbent contractor whose survey data (collected through a propriety system) has historically been used for previous USEER research efforts and is depended upon currently to fine tune other government data sets, uniquely position this vendor as the only responsible source for completing the 2025/2026 USEER requirement.

6. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

A combined sources sought notice was posted on 10/25/2024 but for reasons discussed in the Application of Authority section, OP has not been able to identify any other sources comparable to BWR’s services package.

7. DETERMINATION OF REASONABLENESS OF COST OR PRICE

The Contracting Officer determines the anticipated contract pricing will be fair and reasonable based on the current costs, as this is an extension of those services.

8. MARKET RESEARCH

OP performed market research based on the NAICS and labor categories and identified vendors with similar labor categories that perform data analysis. However, for the reasons discussed in the Application of Authority section, OP’s market research has not identified any other sources comparable to BWR’s services package and with an ability to allow OP to meet the Congressionally mandated reporting timeline. Future actions are anticipated to be competed based on the findings from on-going market research.

9. OTHER FACTS

This modification will prevent gaps in ongoing analysis supported by BWR. If there is a break in services, OP will not be able to provide timely 2025/2026 USEER data to support domestic energy policy.

10. INTERESTED SOURCES

A combined sources sought, and notice of intent was posted on 10/25/2024 which resulted in one potentially interested party who provided a capability statement. The statement did not demonstrate the capability to perform the unique and specific work required within the expedited timeframe required to comply with PRA and OMB requirements for the USEER.

11. STEPS TO FOSTER COMPETITION

DOE will continue to market their mission, progress and challenges on its website, public meetings and at industry conferences, with the objective of generating supporting interest from industry for solutions and skills to meet OP’s requirements. DOE has an active interest in encouraging industry to invest in these fields to foster healthy competition in the future for improved performance and reduced costs to the Government. Each future requirement will be handled on a case-by-case basis.

However, it is anticipated that DOE will be posting a Request for Information (RFI) notice in the near future to search the market and open this requirement for other potential vendors for competition.

CERTIFICATION

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator

Date

Contracting Officer/Team Lead

MA-64.1

Signature Date

APPROVALS

Contracting Activity _ ____

Competition Advocate Signature Date

File details come from the government source that posted it. Updated .