J_ _A_PL-1738_Redacted.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

Code 410

PL-1738

09/23/2014

JUSTIFICATION AND APPROVAL

TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: The requiring activity is Portsmouth Naval Shipyard. The contracting activity is Code 410, Contracts Division Portsmouth Naval Shipyard (PNS), Portsmouth, NH 03801. Requisition number: N3904015RQ50382 and N3904015RQ50383.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This is a sole source action to be awarded under commercial acquisition practices utilizing simplified acquisition procedures to the large business identified in paragraph 3 below. The placement of a firm, fixed price contract is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The requirement is for the purchase of 4,832 pieces of scaffolding that supports multiple projects/structures within the Controlled Information Area (CIA). The scaffolding was rented originally under contracts N00189-13-P-PC08 and N00189-13-P-P431 in support of the

Projects. Upon contract completion a complete inventory of material was conducted. All of the scaffolding has been identified, accounted for and a contract is now being issued to purchase the material.

The total dollar estimate for the procurement is approximately $ which will be funded by FY-15 OM&N funds. The cost to purchase is significantly lower than renting and represents the best value to the Government based on the fact that this scaffolding is currently being used to support multiple projects and shipyard interests with no immediate date for removal scheduled. In the past, the Shipyard did not purchase material as there was not a place to provide proper storage. The remodeling of Building 174 has addressed this problem and storage is no longer an issue.

4. IDENTIFICATION OF STATUTORY AUTHORITY: The statutory authority permitting other than full and open competition is section 4202 of the Clinger-Cohen Act of 1996, a sole source acquisition under the authority of the Test Program for Certain Commercial Items, as Implemented by FAR 13.501(a).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF

ACQUISITION: The shipyard currently has an inventory of this EXCEL Scaffolding manufactured by Bartlett Services, Inc. in its possession. The scaffolding was purchased for shipyard use, due to the proprietary design by Bartlett Services, Inc., there is no other scaffolding available that is compatible with the Shipyard’s existing supply.

This proprietary design includes the feature of quick snap stacking pipe and planks that will coordinate with all the existing scaffolding that will be in use.

If the Shipyard were to utilize another manufacturer’s scaffolding without compatible design, the Shipyard would be required to purchase or rent an entire set. This would result in the duplication of cost to the Government.

6. CBD ANNOUNCEMENT/POTENTIAL SOURCES: Upon approval of this J&A, a synopsis/solicitation will be posted on the Government-wide point of entry as intent to negotiate on a sole source basis with Bartlett Services, Inc.

7. DETERMINATION OF FAIR AND REASONABLE COST: The NAVSEA Contracting, Code 410 Portsmouth Naval Shipyard Contracting Officer will determine fair and reasonableness of price based on the

Procuring Contracting Officer’s price analysis of the contractor’s quote and or a comparison of previous pricing history or published price list of the same or similar items in accordance with FAR 13.106-3.

8. DESCRIPTION OF MARKET SURVEY: The contracting officer has determined that no other market survey efforts are appropriate for this procurement action because Bartlett Services, Inc. is the only responsible source for the procurement of the required supplies/services.

9. ANY OTHER SUPPORTING FACTS: Shipyard personnel are already trained on EXCEL Scaffolding. They would require retraining on another brand which would not support the availability start date.

The requirement is for the purchase of Excel Scaffolding temporary staging components. The components are identical to shipyard-owned components, which will be used in unison with the currently rented/owned components.

The other shipyard components are also Excel and not compatible with other manufacturers components. The Excel Scaffolding components are being used for availability work and shipyard requirements. The Excel Scaffolding allows for assembly and disassembly without tools. In addition shipyard employees do not require training to build Excel Scaffolding components. The use of the Excel Scaffolding saves many labor hours, dollars, as well as providing a safer work environment. The shipyard had conducted a full inventory and has identified all pieces previously rented. These components are currently being used in semi-permanent structures at Portsmouth Naval Shipyard and Detachment Point Loma, CA. The removal of these structures would impact submarine delivery dates to the Navy. Based on the above information, it is recommended that this requirement be processed as a brand name mandatory requirement.

10. LISTING OF INTERESTED SOURCES: EXCEL Modular Scaffolding (Bartlett Services, Inc.) is the Prime Contractor of the EXCEL scaffolding and will be submitting a quotation.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: For reasons set forth in Paragraph 5, NAVSEA Contracting, Code 410, Portsmouth Naval Shipyard will handle all future requirements on a case by case basis. Over the past three (3) years, PNS has issued six (6) sole-source contracts to Bartlett Services with a J & A posted each time to FBO. These posts did not result in any other vendors inquiring about Excel Scaffolding services. Based on this information it has been determined that posting a Request For Information (RFI) would not be beneficial to the Government nor would it result in creating competition.

12. STATEMENT OF DELIVERY REQUIREMENTS: Delivery is not applicable as the material is already on-site from previous contract rentals N00189-13-P-PC08 and N00189-13-P-P431.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION COVERED BY THIS J&A: The total estimated dollar value of this acquisition is which will be funded by OM&N funds.

14. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): An acquisition plan is not required for the acquisition.

15. DOCUMENTATION FOR SPARE/REPAIR PARTS: This acquisition does not include spare or repair parts.

16. CONTRACTING POINT OF CONTACT: The point of contact at NAVSEA Contracting is Aimee Maciejewski, Code 410, at DSN 684-5524, commercial 207-438-5524, or by email at aimee.maciejewski@navy.mil.

TECHNICAL AND REQUIREMENTS CERTIFICATION

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

TECHNICAL COGNIZANCE

270 .

Code Telephone Date

REQUIREMENTS COGNIZANCE

207-438-2221 .

Code Telephone Date

COUNSEL REVIEW

100L 207-684-2880 .

J.E. Fender Code T42604260 lephone Date

CONTRACTING OFFICER CERTIFICATION/APPROVAL

I certify and approve that this justification, based on the above information, is accurate and complete to the best of my knowledge and belief. To the extent that the J&A/LSJ value is between $150K and $650K, the Contracting Officer’s signature below also represents approval of the J&A/LSJ.

410 207-684-5253 .

Nicholas Kulakowski Code Telephone Date

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A/LSJ value is between $650K and $12.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

410 .

Code Telephone Date