Haki.pdf

J&A Number: PL-1991 Code: 410 P.R. Number: N3904020RC00258

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

For Sole Source Acquisition of Commercial Items Pursuant to FAR 13.5

JUSTIFICATION

1. Contracting Activity

The Contracting Activity is Contracting Division (Code 410), Portsmouth Naval Shipyard (PNS), Kittery, ME. The recurring activity is the Project Support Equipment Team (PSE) (Code

270.3), PNS.

2. Description of the Action Being Approved

This is a sole-source action submitted for a Firm Fixed Price contract. There is only one (1) source of the ^ recruired equipment in the North American commercial market.

Safway Services, Inc. is the exclusive North American contracting partner and sole distributor of Haki brand products1including the required Hakitec 750 Trak temporary roofing system component parts.

3 . Description of Supplies/Services_

This requirement is for a Firm Fixed Price contract for the rental of Hakitec 750 Trak temporary roofing e components (modular scaffolding). These component parts are compatible with existing Shipyard inventory, and are ^ reouired to complete the roof arrangement in suPP°r^ of th p on hlLorical contract pricing for srmrlar

^rtrx;ga^riSnr^trir^lrren;SwiUrr =rusing the appropriate fiscal year's Operations a Marntenance, Navy funding.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1(b)(1)(i) and FAR 13.501(a)(2)(i), the compatible supplies required are unique to Haki, and are ayailable from only one source. Safway Services, Inc. is the Haki manufacturer's exclusive North American contracting partner and authorized distributor of Hakitec 750 Trak Temporary Roofing System component parts.

No other manufacturer's model will satisfy agency requirements.

Rational Justifying Use of Cited Statutory Authority in accordance with FAR 6.302-1, only one source is capable of proyiding materials that meet the requirement. The HAKI equipment is needed to complete the required roof arrangement for an The HAKITEC 750 TRAK Tempora^ Roof System component parts to be leased are compati e W1 _ existing shipyard inventory, some of which are currently i place onboard the ship due to some of the Removable Submarine Cover (RSC) Enclosures previously removed for refurbishment.

n^srription of Efforts Made to Solicit Offers from as Many Offerors as Practicable

This will not be a competitive acquisition. Safway Se^ices, Inc. is the only vendor capable of providing the Hakitec 750 Trak rental equipment.

Notice of this justification and the Government's intended solicitation will be provided on beta.sam.gov in accordance with FAR 6.305.

7. Determination of Fair and Reasonable Cos^

A determination of fair and reasonable price on price analysis by the Procuring Contracting Officer o the contractor's offer and/or a comparison of piicLg history, historical contract analysis p^lxshed price list of same or similar items, or any other reasonable basis, in accordance with FAR 13.106-3.

j£iA Number; PL-1991

8. Actions to Remove Barriers to Competition

The purpose of this rental is to replace the RSC's scheduled for refurbishment. The HAKITEC 750 Trak Temporary Roof System component parts are to be installed in the same location as the removed RSC's in order to continue work on the exterior of the ship in a controlled atmosphere. The equipment is needed to complete the required roof arrangement for an The HAKITEC 750 Trak Temporary Roof System brand component parts to be leased are compatible with existing shipyard inventory.

For reasons set forth in Paragraph 5, the contracting officer has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, Portsmouth , Naval Shipyard will assess whether competition for future ;

requirements if feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2 (c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. PL-1829, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Phone No. Date

REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

Signature Rene St. Pierre Code 410.2

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as the Competition Advocate for the Procuring Activity, 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. 2304(f).

COMPETITION ADVOCATE, CHIEF OF THE CONTRACTING OFFICE

Signature Name (Print) Date