Ser 410-012 JA Fully Signed_Redacted.pdf

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DEPARTMENT OF THE NAVY

PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH NH 03804-5000 IN REPLY REFER TO:

Ser 410/012 J&A No. PL-2343

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity.

The Naval Sea Systems Command (NAVSEA), Portsmouth Naval Shipyard (PNS) Contracting Division (Code 410), Kittery, ME.

2. Description of the Action Being Approved.

The Navy intends to award a commercial, firm fixed-price contract, using Federal Acquisition Regulation (FAR) Parts 12 and 13.5, to Excel Modular Scaffold and Leasing Corporation, on a sole-source basis for the rental of Excel Staging to perform maintenance and repairs on a dry-docked submarine, USS (SSN ). The Independent Government Estimate (IGE) for this requirement is .

3. Description of Supplies/Services.

This proposed contract provides for the potential rental of pieces of Excel modular-system scaffold material to support the maintenance and repair work at

. This comprises of a -week base period (POP: ) with an option to extend the rental another weeks (POP:

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for limiting competition using simplified acquisition procedures is 41 U.S.C.

§ 1901(e)(2), as implemented in 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 Excel Modular Scaffold and Leasing Corporation, on a sole-source basis, to lease an Excel Scaffolding System because that equipment is compatible with the Excel brand scaffolding equipment that Portsmouth Naval Shipyard owns and uses on Naval Base New London. The Navy has spent millions of dollars to acquire Excel scaffolding over the years and has adopted that system based on safety, adaptability, and

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operational considerations; as a result, Portsmouth Naval Shipyard work instructions and engineered drawings are based on the use of that system and include design plans for erecting that scaffolding and its enclosures to perform maintenance and repair work. In addition, the Navy’s Shipwrights are trained and qualified specifically in the use of Excel Brand scaffolding.

Alternative systems are not compatible with the form, fit or function and proprietary interlocking design of the Excel Scaffolding System; using alternative brands would create safety risks, would force the Navy to expend significant time, effort, and money to revise work instructions and engineered drawings and retrain its workforce and would interfere with timely execution of this maintenance and repair project.

The Navy has confirmed that Excel Modular Scaffold and Leasing Corporation is the original equipment manufacturer and has exclusive ownership rights in the relevant technical data, proprietary information and equipment for the required scaffolding equipment needed, to aid in facilitating maintenance on SSN .

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

Excel Modular Scaffold and Leasing Corporation is the sole authorized distributor for Excel staging in the United States. Excel staging is the only authorized and engineering-approved staging for use to support PNS. Furthermore, PNS shipwrights are only qualified to assemble Excel Staging. The most recent acquisition history for scaffolding rental material at Portsmouth Naval Shipyard, was acquisition contract number N3904024C0041, which was also sole-sourced.

Notice of this justification and the Government’s intended solicitation will be provided on https://www.sam.gov/ in accordance with FAR 6.305.

7. Determination of Fair and Reasonable Cost.

The Naval Sea Systems Command 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.

The Contracting Officer anticipates the costs to the Government for the supplies/services covered by this J&A will be fair and reasonable. The Procuring Contract Officer will determine if the quote received from the vendor is fair and reasonable based on historical contract price analysis, published price lists of same or similar items, and by any other reasonable means, in accordance with FAR 13.106-3, prior to award.

8. Actions to Remove Barriers to Future Competition.

For the reasons outlined in Paragraph 5, the contracting officer has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential

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source emerges, Portsmouth Naval Shipyard will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact:

Sharon Hall, Contact Officer Email: sharon.e.hall19.civ@us.navy.mil Phone: 207-994-0374

David Agea, Contract Specialist Email: david.a.agea.civ@us.navy.mil Phone: 207-994-0614

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 Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Date

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

COMPETITION ADVOCATE

Upon the basis of the above justification, I hereby approve, as Competition Advocate, 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. 3204(a)(2).

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