Description
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC) U.S. Department of Energy National Energy Technology Laboratory GROUNDS MAINTENANCE, JANITORIAL, AND RELATED SERVICES 14FE004170 I recommend that negotiations be conducted only with Eagle Design, Inc. 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), Site Operations Division (SOD) seeks award of a sole source modification to Eagle Design, Inc. (EDI) who is currently providing grounds maintenance, janitorial, and related services under contract DE-NT0004717. 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. EDI is currently performing grounds maintenance, janitorial, recycling, mail room, snow and ice removal, office/systems furniture assembling and moving, and other related services under contract competitively awarded contract DE-NT0004717. 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-NT0004717 was from 10/01/2008 through 09/30/2013. The authority of FAR 52.217-8, ?Option to Extend Services? was exercised in order to extend the performance an additional six-months through March 31, 2014 while the competitive follow-on solicitation was being conducted. The solicitation 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. As the incumbent contractor EDI is the only contractor capable of providing the sought services at the level of quality required within a reasonable period of time. EDI currently employees all of the workforce who is knowledgeable of the required services. The employees are covered by a Collective Bargaining Agreement (CBA). A competitive solicitation for this service is currently being evaluated. Therefore, it is necessary to continue services with EDI 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 a one-time action due to the competitive process not being completed prior to the expiration of the current contract. EDI is the current contractor performing the related services at the NETL Pittsburgh, Pennsylvania site. A synopsis identifying this proposed sole source contract action was posted in the FedBizOpps on 07/09/2014. One contractor expressed interest in obtaining information on the current contract. 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. The estimated dollar value of $1,344,572 is based on the current contract price per month cost which was determine fair and reasonable on the current contract. 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. Four Seasons Property Management, Inc. requested a copy of the current contract and was directed to NETL?s electronic reading room where the EDI contract is available. No other contact was made. 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 will be conducted on a competitive basis. Therefore, no further action is required to remove the barriers to competition.