JA BrandSafway Services LLC_Redacted.pdf

Ser 410/005

J&A No. PL-2325

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity.

The Naval Sea Systems Command Portsmouth Naval Shipyard (PNS) Contracting Division, Kittery, ME. The requiring activity is PNS Code 220P Process Control Branch.

2. Description of the Action Being Approved.

The Navy intends to award a commercial, firm fixed contract, using FAR Parts 12 and 13.5, to BrandSafway Services, LLC. on a sole source basis for the rental of Haki Tec 750 Trak temporary roofing system components (modular scaffolding) to perform maintenance and repairs, at Groton Naval base, Groton, Connecticut.

3. Description of Supplies/Services.

The purpose of this requirement is to construct the roof needed to properly enclose the dry-dock for project to ensure environmental can be maintained and to attach to pre-existing structures. The Haki System is designed to be attached to existing Excel Scaffolding and is engineered to ensure all safety regulations are met for both the Haki system and Excel Scaffolding system.

The contract will include a fifty-two-week (52) base period (08/04/2025 to 08/02/2026) for the sews tent build, consisting of 1474 pieces and (10/1/2026 to 3/31/2026) for the FWD/AFT build, consisting of 1556 pieces. The Option will consist of the middle build, containing 2134 pieces with a period of performance of (10/15/2026 to 4/14/2026) and a five (5) week option period; sews tent build (8/3/2026 to 9/6/2026), FWD/AFT build (4/1/2026 to 5/5/2026) and middle build (4/15/2026 to 5/19/2026). The estimated cost of the Base Period, Option, and freight, for this acquisition is $437,297.99. The Independent Government Estimate was prepared based on historical contract pricing for similar items, and BrandSafway Services, LLC’s current commercial catalog pricing.

This requirement will be funded using Fiscal Year 2025 Operations & Maintenance, Navy funding.

CLIN 0001 Sews Package Rental NSP SLIN 0001AA Sews Package Rental 8/4/2025 to 8/2/2026 SLIN 0001AB All Freight associated with CLIN 0001 8/4/2025

CLIN 0002 FWD & AFT Package Rental NSP SLIN 0002AA FWD & AFT Package Rental 10/1/2025 to 3/31/2026 SLIN 0002AB All Freight associated with CLIN 0002 10/1/2025

Options

CLIN 0003 Middle Haki Rental Package NSP SLIN 0003AA Middle Haki Rental Package 10/15/2025 to 4/14/2026 SLIN 0003AB All Freight associated with CLIN 0003 10/1/2025

CLIN 0004 Sews Package Rental option to extend CLIN 0001 8/3/2026 to 9/6/2026 CLIN 0005 FWD & AFT Package Rental option to extend CLIN 0002 4/1/2026 to 5/5/2026 CLIN 0006 Middle Haki Rental Package option to extend CLIN 0003 4/15/2026 to 5/19/2026

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for restricting competition through simplified acquisition procedures is established in 10 U.S.C. § 3204(a)(1), as outlined in FAR 13.501(a) and as implemented in FAR 6.302-1, which permits limiting competition when only one responsible source can provide the supplies/services required or when no other type of supplies/services will satisfy agency requirements. In this instance, it has been determined that only one source possesses the capacity to fulfill the Government's requirement.

5. Rationale Justifying Use of Cited Statutory Authority.

The United States Navy plans to award a firm, fixed-price contract to BrandSafway Services, LLC on a sole-source basis. This decision was made the Navy has spent millions of dollars to acquire Excel scaffolding over the years and has adopted that system based on safety, adaptability, and operational considerations; as a result, Portsmouth Naval Shipyard work instructions and engineered drawings are based on the use of that system and include design plans for erecting that scaffolding and its enclosures in order to perform maintenance and repair work. In addition, the Navy’s Shipwrights are trained and qualified specifically in the use of Excel Brand scaffolding.

Alternative systems are not compatible with the form, fit or function and proprietary interlocking design of the Excel Scaffolding System; using alternative brands would create safety risks, would force the Navy to expend significant time, effort, and money to revise work instructions and engineered drawings and restrain its workforce, ultimately interfering with timely execution of this maintenance and repair project.

The Navy has confirmed that BrandSafway Services, LLC is the original equipment manufacturer and has exclusive ownership rights in the relevant technical data, proprietary information and equipment for the required roofing system needed, to aid in facilitating maintenance on

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research has been conducted to identify potential sources that can meet the Government's requirements. This research also aimed to assess whether these needs align with the FAR definition of a Commercial Service. In accordance with FAR Part 10, it has been determined that the necessary services are competitively available in reasonable quantities within the commercial marketplace, based on specified tasks carried out under standard commercial terms and conditions.

Recent contract history for the rental of this type of equipment was found under contracts N 3 9 0 4 0 2 5 C 0 0 1 2 , N 3 9 0 4 0 2 4 C 0 0 5 1 , N3904023C0020, N3904022C0013, N3904021C003, N3904021P0251, N3904020P0116, N3904020P125, N3904020P0228, and N3904019P310, all were solicited on a Sole Source basis via solicitations posted on SAM.gov with all historical market research showing that no other vendors being authorized as distributors of Haki roofing system.

Additionally, a Sources Sought Notice was published on the Government-wide Point of Entry SAM.gov from January 30,2025 to February 14, 2025. The Government received one (1) response from industry: expressed an interest in the requirement. On February 14, 2025, the Government sent an email to requesting confirmation that has the capability to provide the required HAKI Roofing System, no response was received. Additionally, , a representative from BrandSafway Services, LLC, provided documentation confirming that BrandSafway Services, LLC is the exclusive source and original equipment manufacturer (OEM) of HAKI Roofing System.

Furthermore, a Notice of Intent will be issued to provide justification for this decision on the SAM.gov website in accordance with FAR 13.501(a)(1)(iii). This notification presents a final opportunity for industry stakeholders to demonstrate their capability to meet the reverse osmosis requirements following the posting of an Intent to Sole Source notice for BrandSafway Services, LLC, which is expected around May 26, 2025. It is anticipated that no inquiries from industry participants, due to BrandSafway Services, LLC designation as the OEM for the HAKI Roofing System.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer anticipates the costs to the Government for the items covered in this Justification & Approval will be fair and reasonable. The Contracting Officer will assess a fair and reasonable price by conducting a detailed analysis of historical contract prices, comparing the catalog pricing used by BrandSafway Services LLC for commercial clients, and applying any other relevant criteria as stipulated in FAR 13.106-3(a)(2) before finalizing the contract award.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the Government 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, the Governement will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact:

Brian Lee, Contracting Officer Email: brian.c.lee2.civ@us.navy.mil Phone: 207-690-1527

Christie Ashcraft, Contract Specialist Email: christie.j.ashcraft.civ@us.navy.mil Phone: 207-451-7549

J&A No. PL-2325

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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

CONTRACTING OFFICER CERTIFICATION

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

Name Ph Date

APPROVAL

Upon the basis of the above justification, I hereby approve, as 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(a)(1).

Signature Name Phone No. Date