JA HAKI System Ser 410-020 SSN 775 TX1 (KO Signed)_Redacted.pdf

DEPARTMENT OF THE NAVY

PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH, NH 03804-5000 IN REPLY REFER TO:

Deana J&A Number:PL-2023

Serial: 020 Code: 410

P.R. Number: N3904021RC10055

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION APPROVAL FOR SOLE SOURCE

1. Contracting Activity

The Naval Sea Systems Command Portsmouth Naval Shipyard (PNS) Contracting Division (Code 410), Kittery, ME. The requiring activity is PNS Code 245 Material Support Division.

2. Description of the Action Being Approved

This requirement is for a firm fixed contract for the rental of Hakitec 750 Trak temporary roofing system components (modular scaffolding). There is only one (1) source of the required equipment in the North American commercial market. Safway 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 (RSC).

3. Description of Supplies/Services

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 HAKI equipment is needed to complete the required roof arrangement for a Depot Modernization Period (DMP). The HAKITEC 750 Trak Temporary Roof System brand component parts to be leased are compatible with existing shipyard inventory.

This requirement is for a firm fixed contract for the rental of Hakitec 750 Trak temporary roofing system components (modular scaffolding). These component parts are compatible with existing Shipyard inventory, and are required to complete the roof arrangement in support of the

The

Independent Government Estimate (IGE) was prepared based on historical contract pricing for similar items, and Safway 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 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), the compatible supplies required are unique to Haki, and are available 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.

5. Rationale Justifying Use of Cited Statutory Authority

In accordance with FAR 6.302-1, only one source is capable of providing materials that meet the requirement. The HAKI equipment is needed to complete the required roof arrangement for an DMP. The HAKITEC 750 TRAK Temporary Roof System component parts to be leased are compatible with existing shipyard inventory, some of which are currently in place onboard the ship due to some of the Removable Submarine Cover (RSC) Enclosures previously removed for delivery for refurbishment. 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.

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

This will not be a competitive solicitation. Safway Services, Inc. is the only vendor capable of providing the Hakitec 750 Trak rental equipment.

7. Determination of Fair and Reasonable Cost

A determination of fair and reasonable price will be based on price analysis performed 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.

8. Actions to Remove Barriers to Competition

Market research was conducted through the publication of a Sources Sought Notice posted to the Government Point of Entry (GPE) on BetaSam.gov from November 3 2020 to November 9 2020.

The Sources Sought announcement was published for market research purposes to help identify qualified sources under NAICS code 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing) that may have been capable of providing the required Hakitec 750 Trak Temporary Roofing System component parts. The only company that submitted a response was Safway Services, Inc. Additional market research included internet searches, discussions with the requiring activity, a review of prior contract history, and email and telephone correspondence with potential suppliers.

9. Contracting Points of Contact:

Rene StPierre, Contract Officer Email: rene.r.stpierre@navy.mil Phone: 207-438-2189

Brian Lee, Contract Specialist Eamil: brian.c.lee2@navy.mil Phone: 207-690-1527

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 documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature

REQUIREMENTS COGNIZANCE:

Signature

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature

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 Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

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(c)(1).

(TITLE OF APPROVING OFFICIAL)

Signature Nicholas Kulakowski, CCO, Code 410 207-438-5253 Date

Killian Kilroy Code 220P Branch Head

HARNEY.DAVID.P

AUL.1010323360

Digitally signed by

HARNEY.DAVID.PAUL.

Date: 2020.11.17 12:13:27 -05'00'

ST PIERRE

JR.RENE.RONALD.1005859022

Digitally signed by ST PIERRE

JR.RENE.RONALD.

Date: 2020.11.24 08:47:54 -05'00'