ASSESSMENT OF OFFERED SERVICES

Notice Date

December 28, 2000

Contracting Office

DOE/National Energy Technology Laboratory, P.O. Box 10940, MS 921-107, Pittsburgh, PA 15236-0940

ZIP Code

15236-0940

E-Mail Address

mohn@netl.doe.gov (mohn@netl.doe.gov)

Description

SUBJECT: Assessment of Offered Services DESC: The U.S. Department of Energy's National Energy Technology Laboratory (NETL), Pittsburgh, PA intends to award a purchase order on a sole-source basis to Leonard S Goodman, Washington, DC to provide all materials, support, work or services in accordance with the following Statement of Work.. Background: The U.S. Department of Energy (DOE) in 1981 filed two cases before the Surface Transportation Board (STB) concerning the rates charged by railroads for shipment of radioactive materials (RAM). The formal cases are referred to as U.S. Department of Energy v. Baltimore and O. R. Co., and are numbered Docket Nos. 38302S and 38376S. The STB has encouraged the parties to attempt to negotiate a settlement. Negotiations between DOE and Union Pacific (UP) are currently underway. Once settlement is reached, negotiations with other rail service providers will be pursued. If settlement is not reached, the cases before the STB will resume. WORK DESCRIPTION: The contractor shall provide information to support DOE in negotiations to reach agreements with rail service providers to ensure that services will be provided to the government at fair cost. If the current negotiations are abandoned, the contractor will support DOE in their cases before the STB. Specifically, the contractor shall provide analysis and advice to support DOE in developing legally sound draft offers and counter offers for RAM transport rates and service. The information provided shall include assessments of offered services, rates, and charges, as necessary, to support negotiations or DOE's cases before the STB. The information, provided in the form of interim reports should address the following, as necessary and appropriate: (1) Total or average costs of services offered using proposed rates. (2) Other costs to be incurred. (3) The relief sought from past charges that have been deemed excessive, including all reparations as well as the level and duration of any rate prescription. (4) The present value of the relief sought. (5) Other information needed to support negotiations or cases before the STB. (6) The assumptions, calculations and any documentation necessary to support the above factors. Interim reports may be provided in electronic form. Further, the contractor may be asked to participate in negotiation meetings, STB hearings, and internal meetings, as necessary, to support negotiations or STB actions. DELIVERABLES: The contractor shall, at the end of the contract period, provide a final letter report to summarize the information provided during the contract period. The letter report should be provided as a draft report to the designated DOE Contract Officer and Contracting Officer's Representative by 30-September 2001. Following a review of the report and the contractor's receipt of DOE's written comments, the contractor shall have thirty calendar days to incorporate and address DOE's comments and submit its final letter report to DOE. This purchase order is being issued to Leonard S Goodman because he has studied and is justified based upon his extensive, successful experience and significant publication in the area. He also has 39 years experience in railroad rates and tariffs and also has 13 years experience in the Interstate Commerce Commission (ICC) Office of General Counsel. In 1998, has two-volume, approximately 1500-page treatise "The Process of Rate Making" and published by Public Utilities Reports, Inc. His experience with transportation of radioactive materials (redmat) began in 1975 when he became a consultant to ERDA. Throughout the 1980's and 1990's, Mr. Goodman and his staff assisted DOE in maintaining reasonable railroad service and enforcing reasonable rates for radmat transportation. Key staff are intimately familiar with rate making for federal regulation of transportation companies which qualifies them uniquely qualified to perform the work This request is considered to be sole source to Leonard S Goodman. Therefore, no solicitation will result from this announcement. This award shall be made using simplified acquisition procedures. However, all responsible sources may submit a bid, proposal, or quotation which shall be considered by NETL. The responses must convey the ability of the response to meet the stated requirements. The documentation shall include descriptive literature containing sufficient technical literature to establish a bonafide capacity of meeting this requirement. Only FAX responses will be considered. Request for information should be addressed to Mr. Robert L. Mohn, FAX 412-386-5770. Note 1.

Record

Loren Data Corp. 20010102/SPMSC004.HTM (W-363 SN5097O4)