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FULLY OPERATIONAL
OPERATING STATUS
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
Since the requirement is for something that exists the areas of "Other Transactions (OTs)" and "Commercial Solutions Openings (CSOs)" don't appear to be readily applicable.
Your ability to award appears not to be "justifying a sole source award" so much as "finding someone to make a sole source award to." With that in mind, proper documentation following FAR/DFARS/NMCARS direction/guidance is the key. If your facts are as stated you should not have difficulty in getting the justification document approved. We believe the most supportable exception is FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. If you determine another exception to be more appropriate it is to be used per FAR 6.302-1(b) "Application. ...it shall not be used when any of the other circumstances is applicable."
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