The Department of Energy (DOE), Environmental Management Consolidated Business Center (EMCBC) Office of Contracting, intends to modify an existing Cost-Plus-Fixed-Fee contract, DE-AC03-99SF21530 with The Boeing Company (Boeing), to provide for some continued services at the Energy Technology Engineering Center (ETEC) site during the period required to complete the Environmental Impact Statement (EIS) and Record of Decision (ROD) for Area IV of the Santa Susana Field Laboratory (SSFL) and beyond until cleanup is achieved. On May 2, 2007, the U.S. District Court for the Northern District of California (Natural Resources Council et al. v. DOE et al.) issued a decision which directed DOE to complete an EIS and ROD for Area IV of the SSFL. The EIS and ROD for Area IV SSFL are being performed by another DOE contractor under a task order with DOE, with completion scheduled for March 2016. Environmental Monitoring, Surveillance and Maintenance (S&M), Facility Maintenance and Infrastructure Support, Project Support, and Decontamination and Demolition (D&D) activities for ETEC are also being performed by another DOE contractor through a competitive task order award with a potential period of performance from October 1, 2014 through September 30, 2019. The current period of performance for contract DE-AC03-99SF21530 with Boeing ends September 30, 2014. The Government anticipates negotiating a five-year extension to the Boeing contract for performance through September 30, 2019. The potential five year extension period is necessary to provide for the continuation of essential services at the ETEC site during the period required to complete the EIS and ROD for Area IV of the SSFL and beyond until cleanup is achieved. Since Boeing is the landowner of Area IV of the SSFL which included ETEC, on which DOE-owned buildings and other structures are located, there are certain areas of scope that only Boeing can provide as the real property owner and these are the areas of scope being acquired under this contract extension. Boeing and DOE have negotiated an "Access Agreement" to provide the terms, covenants and conditions under which DOE and its representatives, agents, contractors and subcontractors ("DOE Parties") may enter the Boeing Property to conduct environmental investigation, remediation, building decontamination, decommissioning, and demolition ("D&D") activities that are reasonably acceptable to Boeing and that DOE is required to perform pursuant to the AOC signed by DOE and the California Department of Toxic Substances Control ("DTSC") in 2010; the Record of Decision that DOE will issue when it completes the Environmental Impact Study ("EIS") that DOE was ordered to complete by Federal District Court Judge Samuel Conti in Case No. C-04-04448 SC, Northern District of California; and the 2007 Consent Order signed by DOE, NASA, Boeing and DTSC. DOE, EMCBC intends to issue a sole source extension to contract DE-AC03-99SF21530 with Boeing (site owner of ETEC) to provide a contracting vehicle for the conditions where Boeing may incur reimbursable costs, as specified in the Access Agreement and other areas of scope under this contract extension as follows: • reimbursable conditions as specified in the Access Agreement for "Off-Hour Access," (outside of the Contractor's regular business hours, including overtime, weekend, and holiday work) including personnel and security that exceeds routine security services; • reimbursable conditions as specified in the Access Agreement for potential costs, fines or penalties incurred by the Contractor in connection with any noncompliance or violation of the NPDES Permit arising from DOE's activities at the SSFL; • reimbursable conditions as specified in the Access Agreement for repairs associated with damages to the Contractor-owned buildings and infrastructure (e.g., roads, utilities, and/or structures/systems) in the Access Area caused by the act or omission of any DOE Parties in connection with the access provided by the Access Agreement; • reimbursable conditions as specified in the Access Agreement for expansion or modification of any system or control required as a result of the DOE Permitted Activities in the Access Areas; • reimbursable conditions as specified in the Access Agreement for fines or penalties issued by a governmental authority and incurred by the Contractor as a result of a spill or release caused by any DOE Party; • reimbursable conditions as specified in the Access Agreement as a result of potential implementation measures required by the final Biological Opinion which exceed existing Contractor policies and practices; • reimbursable conditions associated with potential road maintenance where Boeing may incur reimbursable costs per the signed, tri-party Transportation Agreement between DOE, NASA and Boeing; and • continued services per the Energy Employee Occupational Illness Compensation Program Act (EEOICPA) responsibilities. The statutory authority permitting other than full and open competition is Section 303(c) of the Federal Property and Administrative Services Act of 1949, as amended by the Competition in Contracting Act (41 U.S.C. 253(c)(1)), implemented under Federal Acquisition Regulation (FAR) 6.302-1(a) which authorizes other than full and open competition when the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements. During the extended period of performance for contract DE-AC03-99SF21530, DOE expects to conduct a competitive acquisition for remediation activities required to complete closure of the ETEC site. THIS IS NOT A FORMAL REQUEST FOR PROPOSALS UNDER FAR PART 15 OR AN INVITATION FOR BIDS UNDER FAR PART 14. IF PARTIES CHOOSE TO RESPOND, ANY COST ASSOCIATED WITH THE PREPARATION AND SUBMISSION OF DATA OR ANY OTHER COSTS INCURRED IN RESPONSE TO THIS ANNOUNCEMENT ARE THE SOLE RESPONSIBILITY OF THE RESPONDENT AND WILL NOT BE REIMBURSED BY THE GOVERNMENT. Responsible parties believing they have all of the capabilities described above may submit capability statements to provide the services, including a demonstration of the ability to meet all of the needs identified above within the required timeframes. The capabilities statement describing and demonstrating the above, shall be submitted within 15 days of publication of this notice electronically to Lori Sehlhorst, Contracting Officer at:
[email protected].