Special Operational Force Combat Diving Rapid Engineering Division (SOF CBDIV RED) Support
JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity. Naval Surface Warfare Center, Panama City Division (NSWC PCD), Contracts Department, 110 Vernon Aven... JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity. Naval Surface Warfare Center, Panama City Division (NSWC PCD), Contracts Department, 110 Vernon Avenue, Panama City, FL 32407-7001. 2. Description of the Action Being Approved. Award of a Firm Fixed Price Indefinite-Delivery Indefinite Quantity (IDIQ) type contract on a sole source basis to Complete Logistics Support, Inc. (CLS), 475 Market St. Elmwood Park, Elmwood Park, NJ 07407 (CAGE Code 7VDF1), for Configuration Management (CM) and Logistics support services. 3. Description of Supplies / Services. This procurement is for the award of a Firm Fixed Priced IDIQ Contract to acquire CM Architect, Logistics Support Services, Configuration Analyst, Documentation/Data Analyst, Product Support Specialist, Program Management support labor as follows: The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The contract action will be funded with Navy Working Capital Funds. 4. Statutory Authority Permitting Other than Full and Open Competition. 10 U.S.C. 2304(c)(1) [10 U.S.C. 3204(a)(1)], Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Rationale Justifying Use of Cited Statutory Authority. This requirement provides for Configuration Management and Logistics Support for the project. This acquisition is unsuitable for full and open competition because CLS has been identified as the only source that possesses the knowledge, skills, and abilities to meet the requirements of the project. CLS has developed and gained tacit knowledge of the processes and program requirements that govern the project’s day-to-day activities and understand the future project developmental needs. The project, as the designated Engineering Agent by the program office under the, has a requirement to continue, improve and grow configuration management processes to deliver to the combat diver extended capabilities through new equipment development or identification. The continued implementation and improvement of this requirement will improve the product lifecycle management of such equipment by better tracking equipment configuration baselines, detailed inventory, and equipment specific associated data. This requirement has been determined by all stakeholders to be better met by the implementation of the Configuration Management Professional (CMPRO) software. This software has an extensive history within the DoD in the application of configuration management processes improvement and has been approved for use by the Department of the Navy (DON) through the “Department of the Navy Applications and Database Management System” (DADMS) and meets the strict security requirements of various Naval “Authority To Operate” (ATO’s). CLS has an extensive history in the application of configuration management processes through the implementation of the CMPRO software and through their work with the project have developed unique skills in the application of these processes to specifically support the Middle Tier Acquisition (MTA) Process under the Adaptive Acquisition Framework Pathways that governs the project requirement. These tailored configuration management processes allows the project to meet the fast paced needs and requirements of the program office. In addition, CLS has a branch near the operational facilities that retain the adequate skilled talent that have been proven to be able to support and meet the program particular requirements, which is advantageous to the Government. Their talent include the highest levels of certification in Configuration Management and CMPRO, which includes Configuration Management II (CMII) Certified and Certified Instructor and CMPRO Instance Developer and System Architect. Due to the iterative nature of configuration management and database structure development processes the project has determined that contracted personnel working remotely would be ineffective and the effort would be cost-prohibitive to the government. The contracted personnel must be able to come on-site regularly to collaborate with engineers, technicians, and analysts. Selection of another source would significantly impact the project with extensive schedule delays to project deliverables and increased financial burden. Moreover, the NSWC PCD, estimates that employing any other company would require minimum investment of 24 months and an estimated cost in excess of provide the aforementioned services. This requirement has been historically solicited sole source to CLS (Solicitations: N61331-21-T-VT03, N61331-21-T-VT37, N61331-21-T-EW03, and N61331-22-T-VT12). Each solicitation was advertised in the government point of entry respectively. Neither of these proposed contract actions generated other industry or WOSB sources capable of meeting the program requirements. 7. Determination of Fair and Reasonable Cost. The Contracting Officer will determine that the anticipated price to the Government for the supplies covered by this J&A will be fair and reasonable. 8. Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraphs 5, NSWC PCD has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, NSWC PCD will assess whether competition for future requirements is feasible. CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--Representation. OCT 2020 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation NOV 2015 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services NOV 2021 52.216-19 Order Limitations OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement JUN 2020 52.227-3 Patent Indemnity APR 1984 52.227-11 Patent Rights--Ownership By The Contractor MAY 2014 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Unique Identification and Valuation MAR 2022 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime MAY 2022 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns APR 2019 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation FEB 2014 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends MAY 2013 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data APR 2022 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration APR 2020 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
Data sourced from SAM.gov.
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