SPECIAL NOTICE
99 -- Assessment of Solid State Lighting ? Updated Report
- Notice Date
- 7/1/2015
- Notice Type
- Special Notice
- NAICS
- 541690
— Other Scientific and Technical Consulting Services
- Contracting Office
- U.S. DOE/NETLMorgantown Campus3610 Collins Ferry RoadPO Box 880MorgantownWV26507-0880
- ZIP Code
- 26507-0880
- Solicitation Number
- DE-EE0007045
- E-Mail Address
-
Contract Specialist
(jacqulyn.wilson@netl.doe.gov)
- Small Business Set-Aside
- N/A
- Description
- Justification for Other than Full and Open Competition U.S. Department of Energy National Energy Technology Laboratory Assessment of Solid State Lighting ? Updated Report DE-EE0007045 I recommend that negotiations be conducted only with the National Academy of Sciences (Academy) 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) of the U.S. Department of Energy (DOE) plans to contract with the Academy by means other than full and open competition. This document sets forth the justification and approval of the use of one of the exceptions to full and open competition in accordance with the statutory authority for this particular action: 41 U.S.C. 253(c) (5), Authorized or Required by Statute. 2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc. This is a sole source action, in accordance with the statutory authority for this particular action: 41 U.S.C. 253(c) (5), Authorized or Required by Statute. 3. A description of the supplies or services required to meet the agency?s needs. The Academy has previously conducted an independent critical review of the Solid-State Lighting (SSL) Program that is conducted by the Energy Efficiency and Renewable Energy (EERE) Building Technology Office (BTO). As directed by Congress, the Academy will conduct another independent critical review of the SSL Program. Specifically, the objectives of the review is to assess the commercialization status of SSL, the advancements still required for SSL to have greater impact, and the challenges related to high-volume, low cost manufacturing of SSL. The effort is anticipated to have a duration of 17 months. 4. The statutory authority permitting other than full and open competition. The statutory authority for this particular action is 41 U.S.C. 253(c) (5), Authorized or Required by Statute. Section 912 (i) of the Energy Policy Act of 2005 states, ?NATIONAL ACADEMY REVIEW.?The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the (Next Generation Lighting) Initiative.? Section 321 (a)(h)(3) of the Energy Independence and Security Act of 2007 states the following: NATIONAL ACADEMY REVIEW.? (A) IN GENERAL.?Not later than December 31, 2009, the Secretary shall enter into an arrangement with the National Academy of Sciences to provide a report by December 31, 2013, and an updated report by July 31, 2015. The report should include? (i) the status of advanced solid state lighting research, development, demonstration and commercialization; (ii) the impact on the types of lighting available to consumers of an energy conservation standard requiring a minimum of 45 lumens per watt for general service lighting effective in 2020; and (iii) the time frame for the commercialization of lighting that could replace current incandescent and halogen incandescent lamp technology and any other new technologies developed to meet the minimum standards required under subsection (a)(3) of this section. (B) REPORTS.?The reports shall be transmitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. The long established status of the Academy as a noncompetitive source of scientific research and policy advice to the Government derives from its creation by Congress in 1863 (36 U.S.C. Sec. 253). This special status and relationship with the Government was reconfirmed by E.O. 2859, May 11, 1918, as amended by E.O. 10668, May 10, 1956. The noncompetitive status of the Academy was most recently formally affirmed in E.O. 12832 on January 19, 1993. This order cites the special relationship of the Academy to Government and its unique capacity to marshal scientific expertise of the highest caliber in order to provide independent and objective science policy advice. Specifically, E.O. 12832 states that ?4. When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.? The Academy has the unique ability to assemble the Nation's most eminent scholars and other experts, who are appointed by the President of the Academy to provide their expertise without compensation on committees and boards, which render advice and guidance of the highest quality and unparalleled objectivity to address national issues of high priority. Accordingly, the Academy is well qualified to provide the measure of expertise, independence, objectivity and audience acceptance necessary to meet the program requirements. The Academy's uniqueness was recognized by the Federal Acquisition Regulations (FAR) Council, which included a specific reference to the Academy in FAR 6.302, which provides that certain limitations on sole source awards made in connection with a specific provision of law do not apply to "any contract requiring the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to rep ort on those matters to the Congress or any agency of the Federal Government." 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. Pursuant to FAR 6.302-5, which provides that certain limitations on sole source awards made in connection with a specific provision of law do not apply to ?any contract requiring the National Academies of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on those matters to the Congress or any agency of the Federal Government,? Therefore, pursuant to FAR 5.202 (a)(4), the Contracting Officer is exempt from making notice of the proposed contract action. 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 government anticipates funding a cost reimbursement type of contract. The anticipated dollar value of the proposed action is approximately $425,000. Funding is from annual appropriations to SSL. Full funding is available to this award in Fiscal Year 2015. The government will perform a cost analysis on the offeror?s proposal received to determine if the overall cost to the government is fair and reasonable. 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 conducted for this particular contract action because the proposed work is expressly authorized or required by statute pursuant to FAR 6.302-5 requiring the Academy to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on those matters to the Congress or any agency of the Federal Government. 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. This project will provide for the independent, credible, unbiased review of the BTO SSL program as a follow up to the first review published in 2013. Such periodic critical evaluations are essential toward ensuring that the goals of the BTO and SSL are being achieved in the most efficient and timely manner. No other lighting technology offers as much potential to save energy and enhance the quality of our building environments, contributing to our nation's energy and climate change solutions. Since 2003, the DOE has invested with industry partners in research and development of SSL ?including both light emitting diode (LED) and organic light emitting diode (OLED) technologies. SSL will mean greener homes and businesses that use substantially less electricity, making them less dependent on fossil fuels. In the United States, lighting consumed about 18 percent of the total site electricity use in 2010, according to a recent DOE report. With the promise of being more than ten times as efficient as incandescent lighting and twice as efficient as fluorescent lighting, SSL will change the way we light our homes and businesses. In the coming decade, solid-state lighting will become a key to affordable high-performance buildings?buildings that consume less energy and produce fewer greenhouse gas emissions than their counterparts. By 2030, SSL could potentially reduce national lighting electricity use by nearly one half?the annual equivalent to saving: ?300 terawatt-hours ?$30 billion (in today?s dollars) ?Output of fifty 1,000-megawatt power plants ?Greenhouse gas emissions equivalent to 40 million cars Therefore, it is in the Government?s best interest to only conduct negotiations with the Academy because of their unique capabilities for providing the measure of expertise, independence, and objectivity necessary for the broad-based respect for and acceptance of its findings and recommendations. 10. A listing of the sources, if any, that expressed a written interest in the acquisition. Not applicable. 11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. NETL will periodically revisit these and other related requirements to determine if any barriers to competition can be removed regarding future requirements  
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