Will WAI Have Unfair Advantage for Sludge Contract?
Some potential bidders on the new contract to provide architect and engineering services for design of the Sludge Processing Facility Buildouts Project at the Oak Ridge Transuranic Waste Processing Center appear to be concerned that Wastren Advantage may have an unfair advantage, according to a set of questions-and-answers the Department of Energy released late last week. Wastren Advantage, which operates the TWPC, had been responsible for the sludge project until last fall when the Department of Energy issued a stop work order. One potential bidder on the new contract asked DOE if Wastren Advantage would be allowed to compete for the new contract given their past involvement in the project. “Knowledge of the design, the selected technology and the design maturity offers and advantage in developing an offer (teaming requirements and personnel selections for example) in the SOW,” one potential bidder wrote.
In response, DOE said Wastren Advantage would be allowed to compete for the new contract, but the Department will work to “mitigate” any advantage the company may have “by providing the design to date and any materials or research related to that design to all potential bidders.” DOE added, “We will do our best to ensure that all those making offers have the same level of knowledge as it relates to the maturity of the current design and what that design is when they formulate an offer.”
Some potential bidders also expressed concern over DOE’s requirement that a joint venture agreement be submitted as part of the Standard Form 330 package the Department is currently seeking from interested companies. “DOE has provided specific small business goals but has not clarified whether that requirement applies to the total value of the contract or to the value of work subcontracted. Additionally, the total cost of the procured equipment/materials for the pilot plant are unknown. Each of these factors drive the organization of a Joint Venture with respect to the placement of large business and small business team members inside our outside the JV,” one potential bidder wrote. Another wrote, “Given the short notice period, it will be very difficult, if not impossible, for a newly formed Joint Venture to complete the negotiation of a Joint Venture Agreement prior to the time when submission of the SF330.” In response, DOE modified the pre-solicitation notice seeking Standard Form 330s to remove the requirement for a joint venture agreement to be submitted with the SF-330 package, but it will be required at the time of Request for Price Proposal, the Department said.
