Notice of Intent to Negotiate and Award a Short-Term Sole Source Contract Extension with Federal Consulting Inc. for Freedom of Information Act (FOIA) Analyst Support Services to Ensure Continuity of Services Pending Completion of a Competitive Acquision

The U.S. Nuclear Regulatory Commission (NRC) Office of Administration, Division of Contracts intends to negotiate and award a sole source contract extension to Contract No. NRC-33-08-389 with Federal Consulting, Inc., (FCI) for continuation of highly important Freedom of Information Act (FOIA) Analyst Support Services. The NRC's Office of Information Services, Information and Records Services Division, Information Services Branch has primary responsibility for the reviewed fulfillment of all FOIA requests submitted to the agency. The proposed extension will maintain continuity of FOIA analyst support services preceding the award of the follow-on contract. Presently, the aforementioned services are being provided to NRC by FCI under NRC Contract No. NRC-33-08-389 which expires on March 31, 2013. Proposals received for the competitive follow-on acquisition to that contract are currently under evaluation by NRC; however, because of a number of factors that have significantly complicated the evaluation of proposals, award of a contract resulting from that solicitation cannot be made before the current contract expires. The period of performance for the contract extension will be three (3) months, starting on April 1, 2013, through June 30, 2013, plus one three-month option to extend the term of the contract if that should become necessary, starting on July 1, 2013, through September 30, 2013. FCI has the necessary knowledge, experience, and staff to maintain services currently being performed under NRC-33-08-389 while the competitive follow-on acquisition is completed and awaded. FCI is the only source that can seamlessly perform those requirements while NRC completes its evaluation and award process for the follow-on acquisition. It is not feasible to award a new contract to provide the required support between now and award of the follow-on contract for the following reasons: - A new contractor would require several months to be able to comply with NRC Security standards. - It would not be cost effective for the NRC to negotiate and award a short-term contract with any source besides FCI. If NRC were to do so, NRC would incur thousands of dollars in transition costs and those costs may very well have to be incurred yet again after the award of the follow-on contract. That duplication of costs could not be recovered by NRC through competition or any other means. The statutory authority permitting other than full and open competition for this contract extension is 41 U.S.C. 253(c)(1), as implemented by FAR 6.302-1, which provides for limiting competition in those situations where only one responsible source and no other supplies or services will satisfy agency requirements. No source other than the incumbent can satisfy this short-term need given the transition period that would be required, and conducting a follow-on acquisition for this need would result in unacceptable delays in fulfilling the agency's requirements. For the reasons noted above, NRC intends to award the short-term contract extension to FCI to ensure that NRC is able to meet its mission without any lapse in services while it completes the competitive process for the follow-on acquisition.