J_and_A_signed_and_redacted_Redacted.pdf

DEPARTMENT OF THE NA VY

PORTSMOUTH NAVAL SHIPYARD

PORTSM,OUTH, NH 03804-5000

J&A ~umber: PL-1940 Code: 410-185

IN REPLY REFER TO: .,

P.R. Number: N3904019P0074

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

For sole Source Acquisition of Commercial Items Pursuant to FAR 13.5

JUSTIFICATION

· 1. Contracting Activity

The Contracting Activity is Contracting Division (Code 410), Portsmouth Naval Shipyard {,PNS), Kittery, . ME. The requiring activity is the Project Support Equipment Team (PSE) (Code

270.3), PNS.

2. Description . of the Action Being Approved

This is a sole-source action submitted for ·a Firm Fixed Price contract. 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.

3. Description of Supplies/Services

Th.is requirement is for a firm fixed contract f .or the rental of .Hakitec 750 Trak _temporary roofing system components (modular scaffolding) . These component parts are compatible with existing Shipyard inverttory, and are required to .

complete the roof arrangement ·in support of the SSN 781 (USS

. California) Extended Dry-Docking Selected Restricted Availability {EDSRA) Over Haul at Portsmouth Naval Shipyard in Kittery, ME. The Base Period is estimated cost of the Base Period, including freight, for this acquisition is $592,512.00; the estimated cost including the Option Period is $98,752. The lndependent 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.

J&A Number: PL-1940

4. Statutory Authority Permitting Other Than Fuli and 0pen 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-l(b) (1) (i) and FAR 13 .501 (a) (2) (i).

5. Rational Justifying Use of Cited Statutory Authority

In accord~nce with FAR 6.302-1, only one source can be capable of providing materials that meet the requirement.

The compatible supplies required are unique to Hald, 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. 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. The HA.KI equipment is needed .to complete the required roof arrangement for an EDSRA. The HAKITEC 750 TRAK Temporary Roof System components to be leased are compatible with existing inve_ntory owned by Portsmouth Naval Shipyard. Some of these components are currently in place onboard the ship replacing some Removable Submarine Cover (RSC) Enclosures which are being refurbished.

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

This will not be a competitive acquisition. Safway Services, Inc. is the . only vendor capable of p:r::oviding the Hakitec 750 Trak rental equipment.

7. Determination of Fair and Reasonable Costs

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

J&A Number: PL-1940

8. Actions to Remove Barriers to Competition

For this ac~isition, market research was conducted through the publication of a Sources Sought Notice posted to the Government Point of Entry (GPE) on FedBizOpps.gov (FBO.gov). ·The Sources Sought announcement was published for market research purposes on December 4, 2018 to December 14, 2018 to help identify qualified sources under NAICS code 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing) that may be capable of providing the required Hakitec 750 Trak Temporary Roofing System components. The only company that submitted a response was Saf~ay Services, Inc. Government Services Administration (GSA) reached out to of fer a GSA contract holder as a potential source but it was learned during the most recent rental of this equipment that the source, Native American Transformers, only sells a very small selection of components, and does not rent at all.

GSA then reached out to an additional group of GSA Contract holders ; the 26 companies selected did not respond in the

,affirmative, nor were there other responses.

9. Actions to Remove Barriers to Competition

The purpose of this rental is to replace the RSCs scheduled for refurbishment. The HAKITEC 750 Trak Temporary Roof System components are to be installed in the same location as the removed RSCs in order to allow work to continue on the exterior of the ship in a controlled atmosphere, as well as an overhead visual barrier. The HAKI equipment is needed to complete the required roof arrangement for an EOH. The HAKITEC 750 Trak Temporary Roof System brand component parts to be leased are compatible with existing shipyard inventory.

J&A Number: PL-1940

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICAT°!ON (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 data, including Acquisition Plan No. PL-1829, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

REQUIREMENTS COGNIZANCE: N/A

Signature : Date:

Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.·

Signature'~ Date, /~/~/~ .

Mary Taylo~~s~tC:ounsel, Code lOOL, 2o'7- 8-4620

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)l2))

I certify th the best of accurate and complete to .

Date : t;z{ '20 { ( "'i?

Officer, Code 410 1 207-438-5524

APPROVAL BLOCK (FAR 6.304 for Approving Official)

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

COMPETITION ADVOCATE, CHIEF OF THE CONTRACTING OFFICE (CCO)

Sig_n:ature: / /4- Date:

Nicholas Kulakowskf/Cco, Code 410, 207-4_3_8 ___ 3_8_5_3~~-~~~~