JA No 23005_Redacted.pdf

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J&A No. 23,005

Code: SPN107

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 3204(a)(l), One source. Only one responsible source and no other supplies or services will satisfy agency requirements

5. Rationale Justifying Use of Cited Statutory Authority

SSP' s Enterprise Infrastructure and Capabilities Branch (SP25) representatives have determined that only the entity having custody of (and using) the NIROP facilities can perform the necessary capital maintenance of NIROP equipment and facilities in the secure, safe, efficient, reliable, and timely manner required by the Government. Due to the sensitive nature of the work conducted within the facilities, sources operating in the facilities to carry out capital maintenance tasks must maintain secret security clearances and the requisite need-to-know, while having the functional and technical expertise to perform tasks per DoD and Navy specific specifications. Only GDMS possesses the requisite clearance, need-to-know, and technical expertise required.

Additionally, it is neither feasible nor practicable for the Government to arrange for third parties not under the control of the operating contractor to perform the above work without the attendant prohibitive difficulties concerning access to the site of the facilities and scheduling of work.

Although the operating contractor manages and schedules all capital maintenance, the majority of the projects utilize local subcontractors. It would be inefficient and more costly for the Government to attempt to manage multiple individual capital maintenance contracts with these contractors. Utilization of a third party general contractor would require that contractor to have access to sensitive information, including the operating contractor's schedule, capabilities, and other proprietary industrial information, and is therefore also not a viable option.

Finally, only performance by or on behalf of the entity having custody of and using the NIROP facilities will result in the certainty required by the Government in tracking responsibility and mitigating production risk related to the facilities and operations performed therein. Capital maintenance projects and related studies performed by another contractor not under the control of the operating contractor would increase uncertainty and complicate determinations of liability for damage should an accident occur, responsibility for work done should a problem arise at a later date, and responsibility for impact on the production schedule due to maintenance or other related activity.

Consequently, the contractor with custody and overall responsibility of the operation of the NIROP, GDMS, is the only viable source from which the proposed capital maintenance and related studies can be procured.

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

A Sources Sought Notice (SSN), which is required by the Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI), was posted to the Government-wide Point of Entry (SAM.gov) on 10 November 2022 in an effort to promote competition. The SSN sought to identify businesses capable of managing and performing capital

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