JA HAKI 24Q1101 KO Signed 6-7-24 Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPMYM324Q1101

Controlled by: DLA Land and Maritime Controlled by: DLA KME

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Stephen.1.Smith@dla.mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION NSN/P/N QUANTITY EST. VALUE

Haki Panel 3 Meter 2033304 100

Haki Panel 2.4 Meter 2033254 572 Track Clamp 2048030 1000

Cladding Track 6230070 480 Haki Track Joint Plates 7540000 1000

Shipping 1 Haki Fabric 11’4” x 44’2” 3 Haki Fabric 2’6” x 59’6” 6

Sail End Curtain 2 Main End Curtain 2

Haki Fabric 12’4” x 67’10“ 3 Haki Fabric 7’x 67’10” 5 Haki Fabric 7’ x 59’6” 35 Haki Fabric 5’ x 59’6” 18

Identify end item, weapon system, or class of item: Haki panels and hardware

ESTIMATED BASE VALUE: $

ESTIMATED TOTAL VALUE (BASE + OPTIONS): $ _

MAXIMUM CONTRACT VALUE: $

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING:

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

4. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

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.

Portsmouth Naval Shipyard has invested in around Excel staging. The shipyard can only use the Haki roof system and fabrics/cladding which are designed to work with it.

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 accommodate this large inventory required by other cladding systems.

Engineering and Planning Department has 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

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. Other systems to do not meet this requirement or attach to the Excel system described above.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

HAKI (No CAGE Code).

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized on or about 27 May 2024.

[ ] Manufacturers of similar products identified in the market research will be solicited.

[X] Dealers of the manufacturers will be solicited.

[ ] A synopsis exception cited in FAR 5.202 applies. (explain) [X ] Other. (Explain)_Combined Synopsis Solicitation will be posted for 15 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3 and 15.404, the Procuring Contracting Officer will make a determination of fair and reasonable pricing prior to award. Determination to establish price reasonableness will be made based upon comparison of the proposed price with prices found fair and reasonable on previous contracts, as well as information from market research and other price analysis techniques, such as Producer Price Index Industry (PPI)

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition

Data, if necessary. Certified cost and pricing data is not required due to the fact that this requirement is under the threshold (FAR 15.403-4 and 15.403-1(b)(3)), and the Contracting Officer has determined this material to be Commercial (in accordance with FAR 12.103) (See attached).

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 3204(e)(2)(D)]:

[ X] A market survey was conducted on/during 22 February – 8 March 2024.

A Sources Sought Notice SPMYM324QHakiSystem was posted on SAM.gov on 22 February 2024 and closed on 8 March 2024 seeking sources capable of providing the required materials. One response was received from GFS Supply (Cage 7NNQ5), a small business. The Contract Specialist contacted Haki directly to determine available sources. Haki responded that it only distributes through authorized distributors. Brand Safway (Cage Code 52779) is the distributor for the United States.

Information received regarding the commerciality of the item(s): Review of HAKI’s product catalog as well as its distributor, Brand Safway, show HAKI panels and associated hardware are readily available in the commercial marketplace to the general public. After review of all the market research information, the Contracting Officer has determined that these items are commercial.

9. Additional facts supporting other than full and open competition are:

[X] Other: Based upon the technical review and certification completed by the Product Specialist, technical data is not available to the Government, and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government. The Haki cladding system attaches easily to the existing scaffolding and roof systems used at Portsmouth Naval Shipyard. Other brands would not be compatible and would result in the Planning Department, Engineering, and Production Resource Departments to determine compatibility. HAKI (LG) is a global company based in Sweden, with USA based Dealers. Haki has an authorized distributor for their material resulting in this requirement being brand name mandatory instead of sole sourced. The Haki website lists Brand Safway (52779, LG) as their authorized dealer for the United States. This was also verified by the Contract Specialist, who contacted Haki directly.

10. A listing of sources, if any, indicating an interest in the acquisition is:

As previously stated, no responses were received from the Sources Sought Notice, but DLA has ordered HAKI materials from HAKI’s authorized distributor (Brand Safway) in the past.

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition

11. The following actions are being taken to identify additional sources:

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other (Explain) A solicitation will be posted on SAM.gov. All qualified interested parties may quote. Prior contract SPMYM322P3104 for similar materials was . Limited Source Justification attached.

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

Technical Date

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Date Signature

Head of the Contracting Activity (HCA) Date

Senior Procurement Executive (AQ) Date

RAMSEY.JASON.MIC

HAEL.1005560949

Digitally signed by

RAMSEY.JASON.MICHAEL.1005560949

Date: 2024.06.07 13:00:03 -04'00'

SMITH.STEPHEN.P.15152376

Digitally signed by

SMITH.STEPHEN.P.1515237670

Date: 2024.06.07 14:53:11 -04'00'

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition

APPROVAL REQUIREMENTS

[X] Up to $750,000 Contracting Officer

[ ] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachment(s):

Market Research Memorandum SPMYM323P1101 Limited Sources Justification