SOLICITATION NOTICE
99 -- DE-AM090-05SR22399/EM Nationwide IDIQ - IDIQ JOFOC Approval
- Notice Date
- 11/2/2009
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 562910
— Remediation Services
- Contracting Office
- Department of Energy, Federal Locations, All DOE Federal Contracting Offices, Various, Various locations, 20585
- ZIP Code
- 20585
- Archive Date
- 11/17/2009
- Point of Contact
- Tony Jasper, Phone: 513-744-0973
- E-Mail Address
-
Anthony.jasper@emcbc.doe.gov
(Anthony.jasper@emcbc.doe.gov)
- Small Business Set-Aside
- N/A
- Award Number
- DE-AM09-05SR22399
- Award Date
- 10/7/2004
- Description
- IDIQ JOFOC Approval Identification Number: Environmental Management's Nationwide Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Contracts, consisting of 22 contracts with the following numbers: DE-AM09-05SR22407, DE-AM09-05SR22403, DE-AM09-05SR22405, DE-AM09-05SR22406, DE-AM09-05SR22404, DE-AM09-05SR22402, DE-AM09-05SR22419, DE-AM09-05SR22401, DE-AM09-05SR22399, DE-AM09-05SR22400, DE-AM09-05SR22408, DE-AM09-05SR22411, DE-AM09-05SR22414, DE-AM09-05SR22413, DE-AM09-05SR22412, DE-AM09-05SR22410, DE-AM09-05SR22409, DE-AM09-05SR22420, DE-AM09-05SR22416, DE-AM09-05SR22422, DE-AM09-05SR22417, and DE-AM09-05SR22415. 1. Agency and Contracting Activity: The United States Department of Energy (DOE), Office of Environmental Management (EM), Consolidated Business Center (CBC) proposes to modify EM's Nationwide IDIQ Multiple Award Contracts by extending the period of performance on the basis of other than full and open competition. 2. Nature and/or Description of the Action Being Approved: The action being approved is a six month extension to EM's Nationwide IDIQ Multiple Award Contracts. On October 7, 2004, DOE awarded EM's Nationwide IDIQ contracts to 22 contractors (consisting of a mix of large, small, and 8(a) businesses) for either one or more of the following: Environmental Remediation (ER)/Waste Management (WM) Services; Deactivation, Demolition, and Removal (DD&R) for Contaminated Facilities; and/or DD&R of Buildings (Non-contaminated) across the DOE complex. The combined maximum order quantity for the contracts was $800M. The contracts have five year ordering periods that expire on October 7, 2009. The completion date for Task Orders placed during the effective period of the contracts will be for up to two years. The six month extension would extend the ordering period from October 7, 2009 to April 6, 2010, and combined maximum order quantity for all the contracts would remain at $800M. The acquisition planning for the follow-on ID/IQ contracts began in May 2008 and continued through September 2009. The six month extension is for the purpose of ensuring that Nationwide IDIQ Multiple Award Contracts are in place, so that DOE has a means for continuing to accomplish needed ER, WM, and DD&R work in the interim between the expiration of the current ID/IQ contracts and the follow-on ID/IQ contracts, in accordance with all the applicable laws, regulations, DOE Directives, permits, and Agreements and Orders. The six-month extensions will also support American Recovery and Reinvestment Act (ARRA) objectives, as ARRA funded task orders are anticipated. 3. Description of Services Required to Meet the Agency's Needs, Including the Estimated Value: EM was created by Congressional mandate in 1989 and is responsible for cleanup and legacy waste management activities at DOE sites. The objective of the DOE EM program is to restore contaminated sites to a state protective of human health and the environment. To assist EM in meeting its objectives and support the needs of DOE, particularly when it is difficult to identify a specific quantity during a fixed period, EM awarded the subject IDIQ contracts to provide ordering flexibility, and promote small business utilization and competition. The purpose of this extension is to maintain the IDIQ contractual instruments while the award multiple contracts is made in two follow-on procurements so that DOE sites can continue to place timely, cost-effective, legally-sound task orders for ER, WM, and DD&R services that are required nationwide to support EM's mission, as well as some non-EM sites. The maximum order quantity for the contracts combined for the entire 5-year, 6-month period of the extended contracts will remain at the original ceiling of $800M. No increase in the ceiling will be made. The maximum value of the work that may be ordered during the extension period is approximately $218M. (To date, seventeen task orders have been placed at a total value of $386M and three additional task orders with an approximate total value of $150M are in the process of award as well as $68M for a pending ARRA modification). Therefore, in order to ensure continuity of services for cleanup work across the EM complex, the current contract vehicle must be extended until the follow-on contracts are awarded. 4. Statutory Authority Permitting Other Than Full and Open Competition: The Competition in Contracting Act, 41 U.S.C. 253(c)(1), as implemented by FAR 6.302-1(a), 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. The existing IDIQ contracts are currently being used for award of competitive task orders at a time that the contracts are nearing expiration, requiring extensions in order to permit the agency to complete these competitive acquisitions. Extension of these contracts will ensure continued availability of this critical contract vehicle and will avoid having potential offerors incur additional costs in preparing proposals for the relatively short period of time between the expiration of the current IDIQ contracts and the awards in the follow-on procurements. 5. Nature of the Action Requiring Extension: The extension of the Nationwide IDIQ Multiple Award Contracts is for the purpose of providing contracts to bridge the time period from when their original ordering period ends (October 7, 2009), until the follow-on Nationwide IDIQ contracts are awarded. Award of the follow-on contracts is anticipated to occur by April 2010. The acquisition planning process for the follow-on IDIQ acquisitions took longer than originally anticipated as a result of efforts to ensure competition was not unduly restricted. Extension for this six-month period will also ensure that competition is maximized under the follow-on acquisition. The existing IDIQ contracts also continue the availability of small business and 8(a) firms, and the use of competitive techniques between the existing awardees. 6. Efforts to Solicit Offers from as many Potential Sources as Practicable: As the existing Nationwide IDIQ Multiple Award contractors are the only currently evaluated sources possessing the capabilities to perform the anticipated scopes of work for the bridge period, and award of task orders will continue to occur using competitive techniques among the awardees, no additional sources will be solicited for this extension. DOE published a synopsis stating the intent to issue a sole source modifications to extend the period of performance under the existing Nationwide IDIQ Multiple Award contracts. Although the synopsis is not a formal request for proposals or an invitation for bids, the synopsis did afford interested parties the opportunity to submit capability statements. After the 15-day response period, no capability statements submitted. 7. Determination of Fair and Reasonable Anticipated Cost: This action will extend the Nationwide IDIQ contract on a no-cost basis; therefore, the current $800 million ceiling will remain unchanged, as will the rate and fee ceilings in the contracts. The $800 million ceiling and the rate and fee ceilings in the contracts were determined to be fair and reasonable at the time of award of the initial contracts. Additionally, a determination for fair and reasonable pricing will take place as competitive task orders are awarded. 8. Market Research: Formal market research has not been conducted to support this sole source extension request. Given the short time period for solicitation and evaluation of offers under a new procurement, the existing Nationwide IDIQ Multiple Award contracts are the only practical vehicles for accomplishing the work, as discussed in paragraph 5 above. A synopsis stating the intent to issue a sole source modification to extend the period of performance for the Nationwide IDIQ multiple Award contracts by six months was issued on July 27, 2009. The notice provided potential offerors a reasonable opportunity to submit capability statements to assist the Department in determining the existence of potential sources. At the end of the 15-day response period, no capability statements were received. 9. Other Facts Supporting the Use of Other than Full and Open Competition: EMCBC Office of Contracting is currently in the process of conducting two procurements for award of multiple IDIQ contracts similar to the current Nationwide IDIQ Multiple Award Contracts. DOE plans to competitively award multiple IDIQ contracts pursuant to FAR 15, FAR 19, DOE Acquisition Regulation (DEAR) 915, and DEAR 919. The services to be procured include Environmental Remediation Services, Deactivation, Decommissioning, Demolition, and Removal (DD&R) Services of Facilities, Waste Management Services, and Regulatory Services at various locations throughout the United States in support of the U.S. Department of Energy (DOE) including National Nuclear Security Administration (NNSA). The EM Nationwide IDIQ follow-on acquisition will utilize two solicitations, one set-aside for small businesses and one unrestricted acquisition for work scope that encompasses complex and/or larger scopes of work. The estimated contract ceiling for the set-aside for small business solicitation is $926M; the estimated contract ceiling for the unrestricted solicitation is $907M. Any resulting contracts will be awarded with a five-year ordering period. The completion date for Task Orders placed during the effective period of the contracts will be for up to five years. Facilities classified as HazCat III, II, and I, including associated safety systems and/or associated or surrounding structures and land and associated utilities and distribution systems; reactor facilities, whether fueled or defueled; and complex facilities which have multiple hazards such as those containing a combination of radioactivity, elemental sodium, and/or mercury will not be included in the small business set-aside procurement. The procurements are at varying degrees of completeness; the small business set aside solicitation was issued to industry in August 2009 and the unrestricted solicitation is projected to be issued in September 2009. The projected award dates for the small business set aside and the unrestricted is March 2010 and May 2010 respectively. EM began advance planning for these increasingly complex, follow-on procurements in May 2008 and it was not until June 2009 that EM received final approval of the Acquisition Plan. There were a series of unforeseen circumstances that delayed the follow-on procurements. They are listed as follows: a) EM engaged the DOE complex in estimating usage of the IDIQ contracts from around the DOE complex. A complicating factor was the term of the proposed contracts and the significant amount of work that was being estimated for these two follow-on contracts. b) Various strategies for improving task order competition and increasing utility of the multiple award contracts were thoroughly discussed and reviewed. DOE was also ensuring that any strategy developed included compliance with the requirement for the agency to maintain competition throughout the performance periods of multiple award IDIQ contracts. c) In October 2008, the Government Accountability Office (GAO) in Delex Systems, Inc., B-400403, October 8, 2008, determined the set-aside provisions of Federal Acquisition Regulation (FAR) section 19.502-2(b) apply to competitions for task and delivery orders issued under Multiple Award unrestricted IDIQ contracts. The GAO decision caused a delay in finalizing the Acquisition Plan because the Delex Systems case changed the way ordering will occur under multiple award contracts. In sum, there were a series of delays due to the complexity of the two follow-on procurements and the unforeseen impact of the GAO Delex Systems case. However, the Department exercised due diligence in identifying appropriate follow-on strategies that provides maximum flexibility to the government in procuring its requirements in a relatively short time frame while increasing opportunities for small business participation. Additionally, through the steps taken in the acquisition planning phase, the agency has demonstrated the following: (1) that the use of multiple awards of indefinite-quantity contracts is a viable option for these follow-on procurements, (2) the agency has avoided situations in which awardees specialize exclusively in one or a few areas within the statement of work, thus creating the likelihood that orders in those areas will be awarded on a sole-source basis, and (3) the agency has maintained the ability to maintain competition among the awardees throughout the contracts' period of performance. 10. Listing of Interested Sources: In accordance with FAR 5.203(a), the EMCBC Office of Contracting transmitted a synopsis (attached hereto) of the proposed contract action to FedBizOpps.gov. The synopsis was posted on July 27, 2009 and described in detail the government's intent to extend the current IDIQ contracts by a period of six months. As required, the notice was published for 15 days. During this period, no capability statements received. 11. Actions to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition for the Services Required: EMCBC Office of Contracting is currently in the process of conducting two acquisitions for the award of multiple IDIQ contracts, one set aside for small business and another using full and open competition, as described in paragraph 9 above. Awards are anticipated to be made in March 2010 and May 2010 respectively.
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