N0003021C1024-A07.03-JA20037signedFINAL10282020_REDACTED.pdf

DEPARTMENT OF THE NAVY

STRATEGIC SYSTEMS PROGRAMS

1250 10TH STREET SE

WASHINGTON NAVY YARD DC 20374-5127

J&A NO 20,037

Code: SPN103

DEPARTMENT OF THE NAVY

STRATEGIC SYSTEMS PROGRAMS

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The agency and contracting activity for this effort is the United States Department of the Navy’s Strategic Systems Programs Office (SSP) located at the Washington Navy Yard, 1250 10th Street SE, Washington, D.C. 20374.

2. Description of Action Being Approved.

This Justification and Approval (J&A) seeks approval to negotiate and award a contract, on a sole source basis, to General Dynamics Mission Systems (GDMS) of 100 Plastics Avenue, Pittsfield, MA. The contract will consist of one base year and one option year. This effort is for capital maintenance of equipment and facilities at the Naval Industrial Reserve Ordnance Plant (NIROP), Pittsfield, Massachusetts, for continued support of the Fleet Ballistic Missile programs (Fire Control and Guidance). Authority to act under this class justification expires on

202 .

3. Description of Supplies/Services.

Capital Maintenance is that work w is in excess of normal maintenance, that is major rehabilitation or repair work, which is not repetitive in nature and has a relatively long life span.

The submittals are limited to non-severable improvements, or modifications of, Navy-owned land and/or buildings and support utilities. Exclusions include capital type repairs, modifications, and improvements to Navy-owned machinery and equipment. The Capital Maintenance facilities are considered essential for support of the on-going Fleet Ballistic Missile (FBM) programs at the Pittsfield, Massachusetts facilities. The period of performance of this acquisition is anticipated to be 16 February 2021 to 1 202

J&A No 20,037 Code: SPN103

The following table delineates the estimated contract value, by appropriation and includes the values of all options. The total value of the authority requested under this J&A in the table below is . Values are presented in then-year dollars.

Estimated Dollar Value(K)

4. Statutory Authority Permitting Other Than Full and Open Competition. 10 U.S.C.

2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In order to maintain safe and reliable operations at the NIROP facilities, SP23 has determined that only the entity having custody (and using) the NIROP facilities can effectively perform the necessary maintenance on such facilities in the efficient, reliable, and timely manner required by the Government. 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 causing the attendant prohibitive difficulties concerning access to the site of the facilities and scheduling of work. Moreover, only performance by 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 relating to the facilities. Capital maintenance performed by another contractor, not under the control of the using contractor could result in uncertainty or other unforeseen problems relating to liability for damage should an accident occur or over responsibility for work completed, should a problem arise at a later date.

Consequently, the procurement of the proposed capital maintenance from GDMS, the using contractor with custody of and overall responsibility for the operation of the NIROP is necessary and clearly in the best interest of the Government.

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

Under solicitation number N00030-21-R-0024, a Sources Sought Notice was posted on April 17, 2020. Three responses were received and evaluated accordingly. The responses were rejected because the contractors lacked or failed to provide specific examples and experience with regard to some or all of the Capital Maintenance projects as outlined in the SSN.

As a result, SP23 has concluded that GDMS is the only entity capable of effectively satisfying the requirement to perform Capital Maintenance of the Pittsfield, Massachusetts NIROP facility.

The proposed contract was synopsized on 16 July 2020 indicating Strategic Systems Programs intends to issue a Request for Proposal (RFP) and negotiate a contract on a sole-source basis with General Dynamics Mission Systems, Pittsfield, Massachusetts.

. No additional market research was conducted as it is not practicable for the reasons identified in this section and section five, that GDMS as the contractor having custody of and using the NIROP facilities, is uniquely qualified to provide the required capital maintenance. Utilization of an alternative source would represent an untenable impact to the SSP mission and introduce an unacceptable level of risk to the Program.

Determination of Fair and Reasonable Cost. In accordance with FAR Subpart 15.402(a), the contracting officer must ensure all supplies and services are procured at a fair and reasonable price. The Contracting Officer has determined the anticipated cost to the Government for the supplies and services covered by this J&A will be fair and reasonable.

Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, and from the lack of qualified results and interest obtained from the Sources Sought, SSP has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, or further changes to the program are made, SSP will assess and make a determination whether competition for future requirements is feasible.

Additionally, the prime contractor for this effort will continue to utilize competition and commercial procurement for trade specific work to be performed by sub-contractors throughout this contract period. It is noted that the required work will be conducted in a way that does not preclude a company from participation in downstream capital maintenance efforts.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CHIEF of the CONTRACTING OFFICE CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE

Upon the basis of the above justification, I hereby approve, as the Competition Advocate, the proposed action using other than full and open competition, pursuant to authority of 10 U.S.C. 2304 (c) (1).

Hope Ruffin (SP100) (202) 433-7101 Signature Name (Printed) Phone No. Date

RUFFIN.HOPE

.V.1229475203

Digitally signed by

RUFFIN.HOPE.V.1229475203

Date: 2020.10.28 20:50:25 -04'00'