Sole_Source_Justification.pdf

JUSTIFICATION OTHER THAN FULL AND OPEN COMPETITION

Department of Transportation Maritime Administration West Building 1200 New Jersey Avenue, SE Washington, DC 20590

AUTHORITY:

41 U.S.C. 253(c)(1) as sited in Federal Acquisition Regulation (FAR) Part 6, Paragraph 6.302 Circumstances Permitting Other Than Full and Open Competition.

APPLICABILITY OF AUTHORITY:

FAR 6.302-1 (a) (2) states when the supplies or services required by the agency are available from only one responsible source…and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Nature and/or Description of the Action Being Approved:

1. The supply/material listed on Purchase Request MAPR61421000081 is available from only one source, and competition is precluded for reasons indicated below. There are no substitutes available for this material.

2. Restricted to the following source: Peck & Hale, L.L.C.. (If a sole source manufacturer distributes via dealers, also provide dealer information.)

Manufacturer: Peck & Hale, L.L.C.

Manufacturer POC and Phone Number: John Szeglin –

(631) 589-2510 X200 Manufacturer Address: 180 Division Avenue, West Sayville, NY 11796

Description of Supplies or Services required to meet the agency’s needs:

One (2) Shipset of Vessel Acquisition Manager (VAM) Lashing Gear comprised of:

Seven Thousand Two Hundred (7,200) 35K Cargo Tie Downs (P/N 35MTB/1631), Two Hundred (200) 70K Cargo Tie Downs (P/N 70MTB/1632), Two Hundred

(200) 17K Cargo Tie Downs (P/N 17MTB/1630), Fifty

(50) Bridge Fittings (P/N PH2703-13-1N) and Sixty-Four

(64) Turnlock Fasteners (P/N F476-R-C). Delivery Terms are FOB Norfolk, VA on September 1, 2022. Peck & Hale Quote 01342A, dated September 14, 2021 for a total $1,344,897.50 is attached. Total Estimated Cost to

MARAD: $1,350,000.

Estimated Cost: $1,350,000

CONTRACTOR’S UNIQUE QUALIFICATIONS (demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (SOLE

SOURCE):

Peck & Hale has been providing Lashing Gear to the US Navy, Military Sealift Command and the Maritime Administration for more than Forty (40) years. Peck & Hale is the only US manufacturer of ABS Type Approved military grade Cargo Tie Downs capable of securing 70 Ton M1 Abrams Tanks which MARAD Vessels must be able to transport securely.

PUBLICATION AND EFFORTS MADE TO INCREASE COMPETITION (Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable):

Sam.Gov 30 Day notice

PRICE FAIR AND REASONABLE (Determination that the anticipated cost to the Government will be fair and reasonable):

It is estimated that the cost of providing this subject matter expertise support is highly reasonable for the government based on comparison of contractor’s current rates with other industry rates for comparable tasks at the USDOT.

MARKET RESEARCH (Description of the market research conducted and the results or a statement of the reason market research was not conducted):

In 2015, MARAD issued a competitive solicitation for Cargo Lashing Gear for the CAPE MAY and CAPE MOHICAN; Peck and Hale was the sole offeror and provided excellent price and delivery terms on that procurement. Only Peck & Hale can provide US made Cargo Tie Downs capable of securing the largest US Military Grade equipment.

OTHER FACTS (Any other facts supporting the use of other than full and open competition):

N/A

SOURCES (Listing of the sources, if any, that expressed, in writing, an interest in the acquisition):

No other source expressed interest in the acquisition.

STATEMENT OF ACTIONS (Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required):

The Agency will continue to take a proactive approach to provide for full and open competition where practical.

CERTIFICATION (Certification by the technical or requirements personnel that the justification is accurate and complete):

SIGNATURE OF TECHNICAL/REQUIREMENTS PERSONNEL DATE

PRINTED NAME OF TECHNICAL/REQUIREMENTS PERSONNEL DATE

CONTRACTING OFFICER’S CERTIFICATION:

IAW FAR 6.303 Justifications and FAR 6.304 Approval of Justification. The Contracting Officer’s signature represents certification that the justification is accurate and complete to the best of here knowledge and belief.

SIGNATURE OF CONTRACTING OFFICER Date

Wilbur Turner Printed Name of Contracting Officer

JUSTIFICATION OTHER THAN FULL AND OPEN COMPETITION