Selection Process for External Experts and Contractors to Support the WTC Investigation

NIST has assembled a seasoned group of in-house experts at the agency to carry out the WTC investigation. This group has the needed technical expertise as well as experience from significant prior investigations. More than two dozen NIST experts will be involved over the course of the investigation.

How Is NIST Augmenting Its In-House Technical Staff for the WTC Investigation?

NIST is augmenting its in-house technical staff with experts outside of NIST who can contribute significantly to the goals and objectives of the WTC investigation. In most cases, this is being accomplished through contracts to provide specific deliverables required for successful completion of the investigation. Awarding contracts on technical tasks allows NIST access to capabilities and expertise available in the private sector and makes efficient use of in-house staff resources on the WTC investigation. In addition, an administrative services contract was awarded to Science Applications International Corporation (SAIC) in August 2002 to support the two-year investigation.

What Is the Process for Contract Solicitations?

In most cases, NIST is relying on full and open competition to fulfill these requirements. Proposal solicitations are posted on the Federal Business Opportunities (FedBizOpps) web site http://www.fedbizopps.gov. NIST posts direct links to solicitations at the WTC contracts web site http://wtc.nist.gov/solicitations. This site is updated with new solicitations and email notifications are sent, usually within 24 hours of a FedBizOpps posting.

The solicitations are based on statements of work prepared by NIST as a result of a careful and deliberate process to identify and define in detail the specific technical areas in which external expertise is needed to carry out each investigation project. The final investigation plan released August 21, 2002, with descriptions of the eight component projects is available at http://wtc.nist.gov/media/WTCplan_new.htm. To view an illustration of the statement of work development process, click here.

Competitive solicitations are listed on FedBizOpps for a minimum period of 15 days. More complex procurements may be kept open longer to give potential offerors (a commonly used to describe the individuals or organizations bidding on the contract solicitation) sufficient time to prepare their proposals. The solicitation contains all necessary information for an offeror to prepare a proposal, including the statement of work, the criteria against which the proposal will be evaluated, and applicable terms and conditions. Offerors may direct questions to the Contract Specialist.

What Is the Process for Reviewing and Selecting Proposals?

All proposals received in response to a WTC investigation competitive solicitation are evaluated on a best value basis. When proposals are received by NIST, the technical, business, and cost proposal sections are separated by the Contract Specialist. The technical proposal is distributed to a team of at least three independent evaluators who have been approved by the Lead Investigator in consultation with the responsible investigation Project Leader. Each reviewer conducts an independent review of each proposal received and evaluates it against the stated criteria.

When independent reviews are complete, a consensus review is conducted. This meeting is conducted by the Contract Specialist and includes the independent reviewers and a consensus reviewer (also approved by the Lead Investigator in consultation with the responsible investigation Project Leader). The independent reviewers share their scores for each of the proposals and reach consensus on any elements of the evaluation where individual scores vary. Based upon this consensus review, proposals are ranked based solely on their technical merit.

In some cases, NIST may use an outside expert to carry out technical reviews. Such outside reviewers function in an advisory capacity and do not participate in the evaluation, consensus scoring, and ranking of proposals.

Following the technical review, proposals are evaluated for cost reasonableness. This evaluation is conducted by the technical reviewers and is to determine if the proposed cost is reasonable, realistic, and complete relative to the statement of work. The government determines best value based on technical and cost factors, and recommends that proposal for award. The Lead Investigator is briefed on the outcome of the review process.

The Contracting Officer makes the selection decision with review of the Office of the NIST Counsel and, where required, by the Commerce Department’s Contract Law Division. Unsuccessful offerors are notified in writing that they were not selected. They may submit a written request within 3 days for a debriefing on their proposal. To view an illustration of the proposal review and selection process, click here.

How Are Potential Conflicts of Interest Considered?

Organizational Conflicts of Interest Requirement: Offerors must identify all business relationships in which they will provide data, research services, or advice concerning the WTC disaster, including any involvement in related litigation. If any such relationship would constitute a real or apparent conflict of interest, they must provide a plan for mitigation of the conflict. Third-party reviews of contractor work may be required to assure that contract deliverables will be completely objective. These reviews may include, but are not limited to, other government agencies, nonprofits, academia, or an independent contractor.

NIST takes all potential conflicts of interest seriously and has implemented a rigorous review and mitigation process. All offerors responding to WTC investigation solicitations are required to identify potential conflicts of interest and provide mitigation plans as a part of their business proposal. This information is reviewed by the Office of the NIST Counsel. The Office of the NIST Counsel will, in consultation with other parties as appropriate, determine if a conflict of interest exists and recommend appropriate actions to take in order to mitigate the conflict and assure the integrity of the work to be performed by the contractor. The Contracting Officer approves the mitigation plan with required changes incorporated into the terms and conditions of the award. To view an illustration of the process for mitigating potential conflicts of interest, click here.

Is NIST Issuing Sole Source Contracts for the WTC Investigation?

Generally no. In a limited number of cases, NIST may choose to issue a contract on a sole source basis consistent with all federal procurement laws and acquisition regulations. For the WTC investigation, NIST may issue a sole source contract where there is only one uniquely qualified source that can meet the requirements of the statement of work or when there is an urgent and compelling need to issue such an award.

NIST posts its intent to award sole source contracts on FedBizOpps for 15 days before making the award. Announcements of NIST’s intent to award a sole source contract are posted on the NIST WTC web site. During this period, any organization that feels it is qualified to meet the requirement may submit a capability statement for review by NIST.

Are There Other Options for NIST to Augment Its In-House Experts?

NIST is also able to directly hire experts or consultants for intermittent work (up to 130 days per year) and has used this approach in a few cases. The choice between contracting versus direct hire is made on a case-by-case basis.

Back to WTC Contracts

For additional information, go to: WTC Contacts  |  Building and Fire Research Laboratory |  NIST

Privacy Policy/Security Notice  |  Disclaimer  |  FOIA

NIST is an agency of the U.S. Department of Commerce