Legal and Advisory Support Services
Overview
Buyer
Place of Performance
NAICS
PSC
Set Aside
Original Source
Timeline
Qualification Details
Fit reasons
- NAICS alignment with historical contract wins in similar service areas.
- Scope strongly matches core technical capabilities and delivery model.
Risks
- Past performance thresholds may require one additional teaming partner.
- Potential clarification needed on staffing minimums before bid/no-bid.
Next steps
Validate eligibility requirements, assign capture owner, and schedule partner outreach to confirm teaming strategy before submission planning.
Quick Summary
The Department of Energy (DOE), Office of Headquarters Procurement Services, has issued a Class Justification for an Exception to Fair Opportunity (JEFO) for Legal and Advisory Support Services. This justification, published on February 10, 2026, outlines the conditions under which the DOE may issue sole-source task orders under an existing multiple-award Indefinite Delivery/Indefinite Quantity (IDIQ) contract, bypassing the standard fair opportunity process.
Scope of Justification
The JEFO applies to an IDIQ contract with a maximum ceiling value of $50,000,000.00 over five years, anticipating annual expenditures of $5,000,000.00 to $10,000,000.00. It details three primary exceptions to fair opportunity, in accordance with Federal Acquisition Regulation (FAR) 16.507:
- Urgency (FAR 16.507-6(b)(1)): Applicable when immediate legal action is required due to imminent litigation deadlines, court-imposed timeframes, emergency energy infrastructure matters, or rapidly evolving regulatory/policy developments, where a fair opportunity process would cause unacceptable delays.
- Unique/Highly Specialized Services (FAR 16.507-6(b)(2)): Used when only one awardee possesses the unique expertise, experience, or institutional knowledge necessary for complex legal matters, such as specialized energy law, intellectual property, or situations involving conflicts of interest.
- Economy and Efficiency (FAR 16.507-6(b)(3)): For logical follow-on orders where a previous awardee has developed institutional knowledge, provided fair opportunity was given for the original order.
Contract & Timeline
- Type: Class Justification for Exception to Fair Opportunity (JEFO)
- Product/Service Code: R418 (Legal Services)
- Set-Aside: Not applicable (justification for existing IDIQ)
- Published: February 10, 2026
Relevance to Bidders
This document is crucial for current or prospective IDIQ holders, as it clarifies the specific circumstances under which the DOE may issue task orders without full and open competition among all IDIQ holders. It informs them about the conditions that could lead to non-competitive awards.
Additional Notes
The DOE commits to minimizing sole-source awards, promoting competition through on-ramp procedures, and ensuring transparency via annual reporting. This notice does not solicit new bids but provides critical information regarding the execution of the existing IDIQ contract.
Contact: Kelley R. Vandecoevering (kelley.vandecoevering@hq.doe.gov)