Unitil Subcontracting Redacted.pdf
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- Solicitation number
- N6247026R0004
About this file
This is a Justification and Approval (J&A) document for a non-competitive procurement by the Department of the Navy's Naval Facilities Engineering Systems Command, Atlantic, located in Norfolk, Virginia. The document justifies the use of limited competition authority under 10 U.S.C. 3204(a)(1) for a portion of solicitation N6247026R0004, a Military Construction (MILCON) project for Power Reliability and Water Resiliency Upgrades at Portsmouth Naval Shipyard in Kittery, Maine. The procurement requires direct coordination with Unitil, the sole public utility capable of providing natural gas to the shipyard and the only entity with restrictive rights to modify the natural gas system. The work includes installation of a natural gas main and gas regulating station, demolition of an existing gas regulating station, and construction of a new gas regulating station. The estimated value of the construction work is redacted, with estimated utility subcontracting services also redacted. The project will be incrementally funded through FY30 using MILCON funds, with completion required within 1,930 days after contract award.
The contracting office determined that Unitil's ownership and control of the natural gas system at Portsmouth Naval Shipyard necessitates a one-time exception to full and open competition, as only Unitil can fulfill the required modifications to that system. The Navy conducted market research through pre-solicitation notices and solicitation publications on SAM.gov in accordance with FAR Part 5 and made the J&A publicly available per FAR 6.305. The Contracting Officer certified that the anticipated costs are fair and reasonable. The document indicates no current plans to compete future contracts for these services, though future competition will be reassessed if alternative sources emerge. The J&A received technical, legal, and contracting officer certifications, and was approved by the Echelon III Commander.
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5. Rationale Justifying Use of Cited Statutory Authority.
This Justification and Approval seeks to require direct coordination by the contractor to obtain services from Unitil that require modifications to the natural gas system for the above referenced solicitation. Unitil has restrictive rights as they own the natural gas system at PNSY and requires that only their support staff complete necessary work to the natural gas system. These services can only be fulfilled by Unitil.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.
A pre-solicitation notice, and solicitation will both be publicized on SAM.gov, in accordance with the requirements of FAR Part 5. The approved J&A will also be made publicly available as required by FAR 6.305.
7. Determination of Fair and Reasonable Cost.
The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.
8. Actions to Remove Barriers to Future Competition.
For the reasons set forth in Paragraph 5, this is a one-time exception to full and open competition for this portion of the effort required by the solicitation. There are no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, an assessment of whether competition for future requirements is feasible will be undertaken.
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 and Requirements Cognizance:
LEGAL SUFFICIENCY REVIEW
I have determined this Justification is legally sufficient.
CONTRACTING OFFICER CERTIFICATION
I certify that this Justification is accurate and complete to the best of my knowledge and belief.
ECHELON III COMMANDER APPROVAL
Upon the basis of the above justification, I hereby approve, as Echelon III Commander, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.
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