JA - N32205-19-D-1001- Redacted.pdf

4. Statutory Authority Permitting Other than Full and Open Competition:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

In accordance with FAR 6.302-1(a)(2)(ii)(A), it is likely that award to any other source would result in both substantial duplication of cost to the Government that is not expected to be recovered through competition, and unacceptable delays in fulfilling the agency's Requirements. Further, FAR 6.302-1(a) (2) (iii) (B), states:

“For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-. . .

(A) Substantial duplication of costs that are not expected to be recovered through competition”

5. Rationale Justifying Use of Cited Authority:

Emprise Corporation, through its performance under Contract N32205-19-D-1001, has extensive knowledge and experience in the areas described. Emprise Corporation is the only source providing SAMM support services to MSC and the U.S. Navy. The duplication of costs in having another contractor obtain the amount of knowledge and experience that Emprise possesses would be very high and would result in unacceptable delays. The MSC Engineering Office estimates that another company would need, at a minimum, six months and 20,000 hours of relevant work time to develop the necessary skills to support these services. Such a delay would jeopardize successful completion of the required work. In addition, the services are uniquely integrated into the MSC Maintenance Management Systems and given Emprise Corporation’s depth of knowledge and capabilities with the systems, another company could not provide the same level of analysis expertise resident at Emprise Corporation without extensive duplicative effort, costs, and time, needed to provide the level of support needed by MSC.

Furthermore, without the ability to award task orders under this Contract, MSC would be at risk of not successfully completing missions due to increased costs and equipment failures.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable:

As described in sections 4 and 5 above, the proposed contract action will be executed pursuant to FAR 6.302-1 as services were determined to be available from only one source. No effort was made to solicit offers from other contractors as this action is for contract modification and current contract ordering period expires on 09 December 2023.

7. Determination of Fair and Reasonable Cost:

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable. A fair-and-reasonable determination will be documented and made using the techniques described in FAR 15.404-1. The Contracting Officer has surveyed the history of acquisitions for the subject requirement, for which fair-and-reasonable determinations were established. The Contracting Officer will ensure that the anticipated modification will be awarded with pricing which is commensurate with earlier pricing, adjusted for the current market conditions and applicable inflation.

8. Actions to Remove Barriers to Future Competition:

For the reasons set forth the paragraphs above, MSC has no plans at this time to engage in full-and-open competition for this requirement. If another potential source emerges, MSC will assess whether additional competition for future requirements is feasible. The Government will continue to monitor the market and conduct market research to identify additional sources and solutions, should they arise in the marketplace. The Contract ordering period ends on 09 December 2023 and the follow-on contract requirements package is being finalized.

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