J A HAKI Redacted.doc

J&A Number:

J&A Number: PL-2181

Code: 410.2

PR Number: N3904023RC30340

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

For Sole Source Acquisition of Commercial Items Pursuant to FAR 13.5

1. Contracting Activity

The Naval Sea Systems Command Contracting Division (Code 410), Portsmouth Naval Shipyard (PNS), Kittery, ME.

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 required equipment in the North American commercial market. BrandSafway Services, Inc. is the exclusive North American contracting partner and sole distributor of Haki brand products including the required Hakitec 750 Trak temporary roofing system component parts.

3.

Description of Supplies/Services

The HAKITEC 750 Trak Temporary Roof System components are to be installed in the same location as the removed RSCs in order to allow work to continue on the exterior of the ship in a controlled atmosphere, as well as to provide overhead visual barrier. This requirement is for a firm fixed price contract for the rental of Hakitec 750 Trak temporary roofing system components (modular roofing). These component parts are compatible with existing Shipyard inventory, and are required to complete the roof arrangement in support of the SSN 784 at Portsmouth Naval Shipyard in Kittery, ME. The Base Period is POP: 07/12/2023 to 07/11/2024 (52 Weeks), with two options, (1) OPTION period, 07/12/2024 to 07/13/2025 (52 Weeks) and (2) OPTION period, 07/14/2025 to 01/14/2026. The estimated cost of the Base and Option is $575,000. The Independent Government Estimate (IGE) was prepared based on historical contract pricing for similar items, and BrandSafway Services, Inc.’s current commercial catalog pricing. This requirement will be funded using the appropriate fiscal year’s Operations & Maintenance, Navy funding.

4. Statutory Authority The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(b)(1)(i) and FAR 13.501(a)(2)(i).

5. Rationale Justifying Use of Cited Statutory Authority

In accordance with FAR 6.302-1, only one source can be capable of providing materials that meet the requirement. The compatible supplies required are unique to Haki, and are available from only one source. BrandSafway 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 components will satisfy agency requirements as it is necessary for each individual part to fit perfectly within the system as a whole to ensure maximum strength and structural integrity. The HAKI equipment is needed to complete the required roof arrangement for an EDSRA. The HAKITEC 750 TRAK Temporary Roof System components to be leased are compatible with existing inventory owned by Portsmouth Naval Shipyard. Some of these components are currently in place onboard the ship replacing some Removable Submarine Cover (RSC) Enclosures which are being refurbished.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable This will not be a competitive acquisition. BrandSafway Services, Inc. is the only vendor capable of providing the Hakitec 750 Trak rental equipment. Market research was conducted through past contract history and the publication of a Sources Sought Notice posted to the Government Point of Entry (GPE) on sam.gov as required by DFARS PGI. The Sources Sought announcement was published for market research purposes on April 18, 2023 to April 20, 2023 help identify qualified sources under NAICS code 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing) that may be capable of providing the required Hakitec 750 Trak Temporary Roofing System components. The Sources Sought produced no new capable vendors.

In addition recent contract history for the rental of this type of equipment was found under contracts N3904022C0013, N3904021C003, N3904021P0251, N3904020P0116, N3904020P125, N3904020P0228, and N3904019P310, all were solicited on a SOLE SOURCE basis via solicitations posted on BETA SAM.GOV. The market research conducted on the historical acquisitions above also indicated no other vendors were authorized as distributors of the Haki roofing system.

7. Determination of Fair and Reasonable Costs

A determination of fair and reasonable price will be based on price analysis by the Procuring Contracting Officer of the contractor’s offer and/or a comparison of previous pricing history, historical contract analysis, published price list of same or similar items, or any other reasonable basis, in accordance with FAR 13.106-3. Due the information herein it is the determination of the contracting officer that this procurement shall be done as a sole source action.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIRING COGNIZANCE:

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

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code)

Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

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

Date

APPROVAL BLOCK (Sole Source Acquisition of Commercial Products and Commercial Services Pursuant to FAR 13.5) Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 13.501(a), Sole source (including brand name) acquisitions.

Signature Name (Print)

Date

NCH 53.6-2

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NCH 53.6-2