Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC) U.S. Department of Energy National Energy Technology Laboratory SITE OPERATIONS SUPPORT SERVICES DE-FE00040004 I recommend that negotiations be conducted only with Goldbelt Eagle, LLC. for the supplies or services described herein: 1. Identification of the agency and the contracting activity, and specific identification of the document as a ?Justification for Other than Full and Open Competition.? The National Energy Technology Laboratory (NETL) seeks award of a sole source modification to Goldbelt Eagle, LLC. who is currently providing Site Operations Support Services under contract DE-FE0004004. 2. The nature and/or description of the action being approved, i.e. sole source, limited competition, establishment of a new source, etc. The NETL requests approval of this Justification For Other than Full and Open Competition (JOFOC) to authorize a period of performance term extension of six (6) months. The Government reserves the right to extend the term further in order to allow sufficient time for the follow-on competition to be awarded. 3. A description of the supplies or services required to meet the agency?s needs. Goldbelt Eagle, LLC. is currently providing site maintenance, engineering, motor pool support, ES&H, and other related services under contract DE-FE0004004. A detailed Statement of Work is contained in the contract. 4. The statutory authority permitting other than full and open competition. The authority permitting other than full and open competition is 41 U.S.C. 253(c)(1), the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency. 5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. The period of performance for contract DE-FE0004004 was from 12/01/2009 through 11/30/2013. The authority of FAR 52.217-8, ?Option to Extend Services? was exercised in order to extend the performance an additional six-months through May 31, 2014 while the competitive follow-on solicitation was being conducted. An additional two month extension was issued as a bridge contract and will expire on July 31, 2014. The solicitation for the services provided under the Site Operations Support Contract remains in the evaluation process; the ability to make the award with a sufficient transition period will not be possible with the time remaining under the current contract. Goldbelt Eagle, LLC is the only contractor capable of providing the sought services at the level of quality required within a reasonable period of time. Goldbelt Eagle, LLC currently employees the workforce who is knowledgeable of the required services. Employees who providing services of this contract are covered by a Collective Bargaining Agreement?s (CBA?s). A competitive solicitation for these services is currently being evaluated. Therefore, it is necessary to continue services with Goldbelt Eagle, LLC until the competitive procurement process can be completed and services can be transitioned over to the new contractor. 6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps announcement was made and what response, if any, was received, and include the exception under FAR 5.202 when not synopsizing. Describe whether any additional or similar requirements are anticipated in the future. (This may not be included as an addendum, but must be in the body of the JOFOC.) This requirement is necessary due to the competitive process not being completed prior to the expiration of the current contract. Goldbelt Eagle, LLC is the current contractor performing the services at the NETL Pittsburgh, Pennsylvania site. A synopsis identifying this proposed sole source contract action was posted in the FedBizOpps. No other contractors expressed interest or provided a statement of qualifications. 7. Cite the anticipated dollar value of the proposed acquisition including options if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. $9,500,000 is the estimated dollar value based on the current contract price per month. The Contracting Officer will determine the modification price to be fair and reasonable upon execution. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Do not simply refer to the sources sought synopsis. Market research was not completed on this project due to the unique capabilities and knowledge base of the recommended source. 9. Any other facts supporting the use of other than full and open competition, such as: a. 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. b. When FAR Subpart 6.302-2 is cited for follow on acquisition as described in FAR 6.302-1(a)(2)(ii), an estimate of cost to the Government that would be duplicated and how the estimate was derived. c. When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. N/A 10. A listing of the sources, if any, that expressed a written interest in the acquisition. N/A 11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. Subsequent acquisitions for these services are currently being conducted on a competitive basis. Therefore, no further action is required to remove the barriers to competition.