N3904024C0051 Justification and Approval Redacted.pdf

Ser 410/020

JUSTIFICATION AND APPROVAL

JUSTIFICATION APPROVAL FOR SOLE SOURCE

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 Hakitec 750 Trak temporary roofing system components (modular scaffolding) to perform maintenance and repairs on a dry-docked submarine, Portsmouth Naval Shipyard.

3. Description of Supplies/Services

The purpose of this rental is to install the HAKITEC 750 Trak Temporary Roof System (comprised of 4,072 components) in the same location as the removed submarine cover in order to allow work to continue on the exterior of the ship in a controlled atmosphere, as well as to provide overhead visual barrier.

4. Statutory Authority to use Non-Competitive Procedures.

Permitting

The statutory authority for limiting competition using simplified acquisition procedures is 41 U.S.C. § 1901(e)(2), as implemented by Federal Acquisition Regulations (FAR) 13.501(a). Here, only one source can meet the Government’s requirement.

5. Rationale Justifying Use of Cited Statutory Authority

The Navy intends to award a firm, fixed-price contract to BrandSafway Services, LLC, on a sole-source basis, to lease a Hakitec 750 Trak temporary roofing system because that equipment is compatible with the inventory equipment that Portsmouth Naval Shipyard owns and uses.

Some of these components are currently in place onboard the ship replacing some Removable Submarine Cover (RSC) Enclosures which are being refurbished. The compatible supplies required are unique to Haki, and are available from only one source. BrandSafway Services, LLC 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 HAKI equipment is needed to complete the required roof arrangement for an Extended Dry-Docking Selected Restricted Availability.

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 Offers as Practicable

This will not be a competitive acquisition. BrandSafway Services, LLC. is the only vendor capable of providing the Hakitec 750 Trak rental equipment. Market research was conducted through past contract history and the publication of a Sources Sought Notice posted to the Government Point of Entry on Sam.gov. The Sources Sought announcement was published for market research purposes on 03/25/2024 – 04/09/2024 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 Sources Sought produced no new capable vendors.

In addition recent contract history for the rental of this type of equipment was found under contracts N3904023C0020, N3904022C0013, N3904021C003, N3904021P0251, N3904020P0116, N3904020P125, N3904020P0228, and N3904019P310, all were solicited on a SOLE SOURCE basis via solicitations posted on SAM.GOV. All market research listed above show that no other vendors being authorized as distributors of Haki roofing system.

7. Determination of Fair and Reasonable Cost

A determination of fair and reasonable price will be based on price analysis performed by the 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 Future Competition

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

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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.

LEGAL SUFFICIENCY REVIEW:

CONTRACTING OFFICER CERTIFICATION:

APPROVAL BLOCK (Approving Official):

(Sole Source Acquisition of Commercial Products and Commercial Services Pursuant to FAR 13.5) Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 13.501(a), Sole