CLADDING_Sole Source LSJ.pdf

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

JML DOC #: 1166V206 THRU 1166V210

VARIES CLADDING ITEMS THAT ATTACH TO EACH OTHER AND THE

SCAFFOLDING USED FOR SHEILDING PURPOSES.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

kayla.r.kuta Cross-Out

HAKI cladding system provide solutions to existing problems at Portsmouth Naval Shipyard.

HAKI cladding system prevents inadvertent access to areas within scaffolding builds, provides noise reduction and visual obstruction, pairs with existing scaffolding system components, and stops bad actors from dismantling the cladding system from the outside of the scaffolding build.

These solutions are necessary for project support at Portsmouth Naval Shipyard.

The HAKI cladding system is ideal for the planned intent, of which no other available cladding system meets all of the requirements. Unplanned modifications to the scaffolding build bay layouts occur frequently, and HAKI cladding can be modified to fit bay widths of all the sizes that will be used by production. Being able to modify plans helps keep schedules on track and production resources working. Other brands require a large inventory of varying sizes to meet last minute changes to bay widths. Portsmouth Naval Shipyard does not have storage space to plan for all contingencies, of which HAKI cladding system accounts for.

Engineering and Planning Department has spent over 100 hours planning with support from Engineering, Engineering and Planning Department, and Production Resources Department to identify the best product for the intended use. The HAKI cladding system has been designed to attach easily and quickly to the existing scaffolding system used at Portsmouth Naval Shipyard. The HAKI cladding system will be used to prevent unmonitored personnel from entering high radiation areas within the scaffolding build.

Additionally, the HAKI cladding system meets existing requirements for fuel security and high radiation areas, which prevent individuals from dismantling the cladding system with malicious intent. Purchasing a different cladding system will ensue rework for which the project schedule does not allow.

Portsmouth Naval Shipyard currently uses HAKITEC roof systems for every availability. The HAKI cladding system is designed to work flawlessly with the HAKITEC roof system. There is a high likelihood that the two systems will be paired together in future availabilities, and the cladding system purchased must interact seamlessly with the HAKITEC roof system.

Delivery dates must meet project schedules to prepare production personnel for assembly of the cladding system. Production employees have already been briefed and voiced their concerns for assembly and tear down. Production will not be able to spend a substantial time familiarizing themselves with the cladding system, due to lead time. However, technical drawings and discussions have begun in order to blunt the learning curve on the HAKI cladding system. To further support production’s training, the HAKI cladding system can be reused for future availabilities, which provides the opportunity to develop expertise.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

20 July 2021

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date

GREY.CODY.JAMES

CLIFTON.

Digitally signed by GREY.CODY.JAMES

CLIFTON.

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