J and A Crane Repair Replacement cco signed.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

J&A No.: J&A13.501-24-MR11

Estimated Cost: $955,125.00

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In Accordance With Federal Acquisition Regulation (FAR) 13.5

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a sole source proposed contractual action pursuant to the authority of: ☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The Naval Research Laboratory Contracting Division proposes to enter into a Brand

Name or Equal Sole Source contract with Craneworks Inc. for Crane Repair/Replacement under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved: Brand Name or Equal Sole Source under procedures for certain commercial items in accordance with FAR 13.5.

The Rigging/Crane Program Unit located within the Research and Development Services Division at the Naval Research Laboratory (NRL) requires Crane Repair/Replacement. This action is for a new, Firm Fixed Price, acquisition from Craneworks Inc. The requirement is critical, and necessary to support ongoing research projects throughout NRL.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

The Crane Repair/Replacement is for Crane #503. It includes removing two top running trolley/hoists, installing new bridge controls, radio, festoons system, and bridge motors components as listed in the SOW. All work performed, documentation and acceptance tests must be completed by personnel that is fully qualified and certified by the Naval Facilities Engineering Command (NAVFAC), specifically under NAVFAC P-307. This requirement will ensure the crane is in full compliance with the Navy Crane Center Instruction (NAVCRANECENINST) 11450.2A. The contractor must perform necessary engineering services, generate submittals and drawings, and retain an approved Crane Alteration Request (CAR) from the Navy Crane Center prior to fabrication and install. The project is anticipated to have a one year (365 day) period of performance.

Crane Repair/Replacement J&A No.: J&A13.501-24-MR11

4. The statutory authority permitting sole source.

The authority for permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a).

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

Craneworks Inc. was determined to be the only source with capability to complete the required work to remain in compliance with the standards and regulations established by the Navy Crane Center. Craneworks Inc. has the specialized experience and background in crane certifications, testing, repair and providing detailed accurate documentation as required by the Navy Crane Center, complying with NAVFAC P-307. Delays in repairs, or improper repairs would negatively impact research projects leading to loss of funding and missed deadlines.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in the Government Point of Entry (GPE) (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

Market research indicated other sources that offer commercially available supplies and services for various types of cranes do not fully meet the Government’s requirements or are not certified by Navy Crane Center. The Technical POC conducted market research via catalogs and other generally available product literature, and price lists. Additionally, the Technical POC conducted a market survey of potential sources. It was determined there are no other known vendors specializing in crane certifications, testing, repair, and providing detailed accurate documentation as required by the Navy Crane Center, complying with NAVFAC P-307. Therefore, it was determined that only Craneworks Inc. could meet the above specifications.

Similar Market Research was also conducted by the Contracting Office. In addition, an RFI (N00173-24-RFI-MR11) was posted to Contract Opportunities at www.SAM.gov (SAM) on 05 February 2024 through 21 February 2024. One response was received from Craneworks Inc., a veteran owned small business. The intent of this RFI was to gauge industry interest and search for potential sources capable of fulfilling the requirement. The RFI included the Governments minimum technical requirements.

In accordance with FAR Subpart 5.2, a Notice of Intent (NOI) to Sole Source was posted to the SAM.gov website subsequent to the closing of the RFI on 5 March 2024. As of the closing of the NOI on 12 March 2024, no inquiries or challenges to the sole source were received.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The anticipated cost to the government for this action is $955,125.00. The Contracting Officer will determine price reasonableness in accordance with FAR 13.106-3(a)(2) through the use of market research to find comparable pricing for similar items and comparison to proposed prices to previous similar purchases.

8. A description of the market research conducted and the results or the reason market research was not conducted.

As noted above in Section 6, Market research was conducted in accordance with FAR 10.001 to determine if sources capable of satisfying the subject requirement exist and determine whether the requirement is regularly offered in the commercial marketplace. Additionally, market research was conducted to determine if either an 8(a) firm or small business have the capability to meet the Government’s requirement and support the development of an appropriate acquisition strategy.

Based on the above market research, the determination was made that the required Crane Repair/Replacement can be met by Craneworks Inc, which is capable of performing the required work in compliance with the standards and regulations set forth by the Navy Crane Center.

9. Any other facts supporting the use of sole source.

As mentioned in Section 6, other sources offer commercially available supplies and services for various types of Cranes. These sources do not fully meet the Government’s requirements or are not certified by Navy Crane Center for compliance. Delays in repairs, as well as improper repairs would negatively impact research projects leading to loss of funding and missed deadlines.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Craneworks Inc.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

While existing sources could develop supplies, services, and obtain the certifications required to satisfy this acquisition, this would be a major undertaking requiring both extensive time and funds, possibly delaying critical research work at NRL.

NRL is not aware of any specific procedural barriers to competition. NRL has no plans at this time to procure future items for the type of supplies covered by this document. If another potential source emerges or new technology is developed which advances the state of the art and provides the capabilities NRL requires, NRL will assess whether competition for future requirements is feasible.

In accordance with FAR 13.501(a)(iii) this J&A will be made publicly available on www.SAM.gov within 14 days after contract award.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Nathan Cook Date Telephone No.

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

Legal Counsel Name:

Date Telephone No.

CONTRACTING OFFICER CERTIFICATION

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

Tracie Rustin, Contracting Officer Date Telephone No.

COMPETITION ADVOCATE APPROVAL

Craig S. Barton, Chief of the Contracting Office Date Telephone No.

202-731-62283/28/24 http://www.sam.gov/