--DE-LP0000076 JOFOC

This was an emergency procurement without full and open competition based on an unusual and compelling urgency under FAR 6.302-2, Unusual and Compelling Urgency, under the authority of the Competition in Contracting Act, 41 U.S.C. ? 3304(a)(2) for the U.S. Department of Energy?s Loan Programs Office (LPO). The acquisition was for obtaining specialized professional engineering services to advise the Department in connection the Abound Solar Manufacturing, LLC (Abound) loan guarantee. LPO required specialized expert engineering services from Shaw Consultants International, Inc. (?Shaw?). Shaw will provide the services in connection with the Abound loan guarantee in order to protect the federal government?s investment of approximately $70.5 million that is potentially at risk. Specifically, the services and expertise of Shaw as specialized professional engineering consultant was necessary in the default, insolvency, and bankruptcy contexts concerning Abound. The estimated period of performance for this contract is not to exceed one year at a total estimated cost of $426,360. Shaw possesses the necessary skills and expertise to assist the Department on an expedited basis. The timing was such that award of this contract based on full and open competition was precluded because there was an immediate need for the services. Abound?s imminent bankruptcy filing was not foreseen. The Government may be able to recoup some of the $70.5 million loan guarantee in this bankruptcy through the sale or liquidation of Abound?s assets. An award made as a result of full and open competition, including in bankruptcy contexts, could result in the putting at risk the Government's ability to protect its interests. Because of the time-sensitive nature of this procurement, the Government could not afford to award this contract based on full and open competition. A notice was not publicized as required by FAR 5.2 pursuant to exception 5.202(a)(2).