Redacted--1301076713 06A SSJ MEMO WORD.pdf

SUBJ: SOLE SOURCE JUSTIFICATION MEMORANDUM TO ACQUIRE NON-

PENETRATING ROOFTOP FALL PROTECTION GUARDRAIL SYSTEM

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

This is a sole source justification. Contracting activity is:

Naval Sea Systems Command Naval Surface Warfare Center Panama City Division (NSWC PCD) 110 Vernon Avenue Panama City, FL 32407-7001 (Contracts Department Code 02)

2. Nature and/or description of the action being approved.

This action will award a firm fixed price order to the following:

Flexible Lifeline Systems 100 Stradtman Street Buffalo, NY 14206-2666 CAGE Code: 7W7G5

Procurement is for the purchase, installation, and certification of a non-penetrating rooftop fall protection guardrail system for NSWC building.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement is to purchase the following:

Manufacturer # Description Quantity Custom Non-penetrating rooftop fall protection guardrail system 192 LF

The Government’s minimum needs have been verified by the certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. This acquisition will be conducted using simplified acquisition procedures with a total dollar value above micro-purchase levels, but not exceeding the simplified acquisition threshold of $250,000.00. The purchase will be funded with FY 2023 Navy Working Capital Funds (NWCF).

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c) (1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1:

The Naval Surface Warfare Center Panama City Division (NSWC PCD) has a requirement to procure approximately 192 lineal feet of non-penetrating rooftop fall protection guardrail system for building 575. This requirement is not suitable for full and open competition for the following reason(s): NSWC PCD has a service contract with Flexible Lifeline Systems to perform the annual inspections and certifications for several roof-top fall protection railings on the base, including the one for building 575 that is associated with this procurement. Historically, companies have consistently refused to perform inspections and certification on systems manufactured by others. There exists a high potential for disruption of operations due to a loss in continuity if this procurement is awarded to a company other than Flexible Lifeline Systems as it was the only company that responded affirmatively that they would be willing to install, test, and certify the specified non-penetrating rooftop guardrail system. The primarily aluminum product that the Government has specified is a product they do not normally manufacture, sell or install.

The research found a few companies that manufacture the aluminum guardrails, but none of them also do installations or safety certifications.

Flexible Lifeline Systems was used to fabricate and install two hatch kits and gates for the roof of building 544 (N6133121P0101). As mentioned previously, NSWC PCD already has a service contract with Flexible Lifeline Systems (N6133122P0180) to conduct the annual inspection/certification of fall protection railings on buildings 544, 575, and 608. Their knowledge of the base and their familiarity with the requirements of the specified system attained during the installation on building 544 (with the product meeting all safety guidelines) needs to be replicated for building 575. Having another vendor using different processes may end in a guardrail system not meeting the safety guidelines, which are first and foremost the goal of this procurement.

As such, Flexible Lifeline Systems is the only source capable of meeting this requirement.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

This requirement will be synopsized on the Contract Opportunities website at sam.gov per FAR Part 5.2. No additional market research was conducted for the reasons discussed in paragraph 4 above, for any company other than Flexible Lifeline Systems to provide the products.

7. Any other facts supporting the justification. None.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, Flexible Lifeline Systems is the only source that can meet the requirement.