SPMYM3-21-Q-3002_Redacted.pdf

SPMYM3-21-Q-3002

Justification for Other Than Full & Open Competition (November 2011)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency and Activity: DLA Land and Maritime-KME

2. The action being approved is the acquisition of supplies/services on other than a full and open competition basis.

3. The supplies/services required to meet the using activity’s needs are described as follows:

BRIEF DESCRIPTION P/N QUANTITY EST. VALUE

3’ Plank Bearer PB36 500

10’ Ledger HL120 200 Telescoping Adjustable Bearer 36” to 48” TPB36 120 Telescoping Adjustable Bearer 48” to 60” TPB48 120 Telescoping Adjustable Bearer 60” to 72” TPB60 120 Telescoping Adjustable Bearer 72” to 84” TPB72 120

12” 1 Plank Bearer BB12 200 Fixed Base Screw Jack FBJ 400

10’ Steel Plank SP120 320 4’ X 6” Plank 6SB48 40 5’ X 6” Plank 6SB60 30 6’ X 6” Plank 6SB72 150 10’ X 6” Plank 6SB120 50

36” Walk thru Filler Plate WTFP36 130 4’ Truss TR4 130 7’ Truss TR7 50 10’ Truss TR10 20

Horizontal Rack HR1 24 Square Rack SSR 36 Wire Basket FWB 4

Doubled Walled 20 Cup Vertical HDVP20 500 Double Walled Pin Material and Labor HDVP20 1000 Deltak Custom Jack Support Hanger CSJSH 200

15.5” Board Bracket (custom) BB-15.5 100 Freight N/A 5

This procurement is for the purchase of Excel Scaffolding. The total Government estimate is The FSC Code for this procurement is 5440 and the NAICS code is 332311. This is being issued as a firm fixed price purchase order using simplified acquisition procedures in accordance with FAR 13.5 and 41 USC 1901.

This acquisition:

[X] will not include an option.

[ ] will include an option for increased quantity based on future projected projects.

[ ] will include an option to extend the term of the contract

The total estimated dollar value of this acquisition (inclusive of any option) is

4. The acquisition is restricted to the only source(s) of supply known to have the capability of furnishing the required supplies/services. Source(s) are: (Include CAGE code)

(November 2011)

Excel Modular Scaffold and Leasing Corp: BHI ENERGY POWER SERVICES; FORMALLY BARTLETT

SERVICES, INC.

The shipyard currently has an inventory of this Excel Scaffolding manufactured by Bartlett Services, Inc. in its possession. The scaffolding was purchased for shipyard use, and approximately 35% worth of the project’s scaffolding have been built from this inventory. Due to the proprietary design by Bartlett Services, Inc., there is no other scaffolding available that is compatible with the Shipyard’s existing supply. This proprietary design includes the feature of quick snap stacking pipe and planks that will coordinate with all the existing scaffolding that will be in use. If the Shipyard were to utilize another manufacturer’s scaffolding without compatible design, the Shipyard would be required to purchase or rent an entire set. This would result in the duplication of cost to the Government.

The Excel Scaffolding components will be used to stage the sail, exterior, interior, and dry-dock to support XHT availability work requirements. The Excel Scaffolding allows for assembly and disassembly without tools. In addition shipyard employees do not require training to build Excel Scaffolding components. The use of the Excel Scaffolding saves labor hours, material dollars, as well as providing a safer work environment.

This purchase also involves GFM. 1000 pieces of Excel #VP-20 20 from the Shipyard’s current inventory will be provided to the Contractor to be modified. The Contractor will be adding a steel pipe to the pieces, to improve the load rating on the material and then will be returned to the Shipyard with the rest of the material. This is represented on CLIN 0022. The total value of the Government furnished material is

5. The statutory authority permitting other than full and open competition is:

[X] 10 U.S.C. 2304(c)(1) - Available from only one or a limited number of sources.

6. The use of the authority cited in other than 10. U.S.C. 2304(c)(2) above is based on:

The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained.

7. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized and any firm requesting a solicitation copy will be provided one.

[ ] Manufacturers of similar products identified in the market survey will be solicited.

[ ] Dealers of the manufacturers will be solicited.

[ ] Other (Explain):

8. A market survey:

[X] was conducted, and firms indicating an interest in the acquisition will be solicited. Market research efforts, include:

Sources sought notice SPMYM3-21-Q-3S02 was posted to BetaSam on November 5, 2020 and closed November 10, 2020. No responses were received from industry.

9. Additional facts supporting other than full and open competition are:

[X] Based upon the technical certification on file, technical data is not available and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government.

(November 2011)

10. A listing of sources, if any, indicating an interest in the acquisition are: (If none, so state)

BHI ENERGY POWER SERVICES (CAGE CODE 7AN38)

11. The actions, being taken to overcome barriers to competition before any subsequent acquisitions are made are:

If it should occur that a manufacturer of a different brand of scaffolding expresses interest in the procurement and makes claim to compatibility with the Excel Scaffolding Design, the interested parties will be invited to the Portsmouth Naval Shipyard to provide a demonstration of their product, its compatibility, and history regarding its use. If it is determined that there is another possible source of scaffolding compatible with the proprietary design established by Excel, future acquisitions will allow for manufacturer competition.

12. I hereby determine that the anticipated cost to the Government will be fair and reasonable. Scaffolding by nature is commercial material. There is ample product in the market place to compare these scaffolding costs to, as well as substantial rental and purchase history to show price analysis on.

13. Additional facts, if any, supporting this determination: The design of this scaffolding is proprietary to Excel. There are no other known or OSHA approved compatible scaffolding pieces and any other scaffolding brands would have to be approved by OSHA if it were determined that they have a potential compatibility.

Using a different brand in conjunction with the proprietary design of Excel could pose a significant safety hazard to employees and contractors.

The Shipyard currently has over 9 million dollars of this scaffolding in their possession. The major issue with changing a vendor is work processes. Enclosing the boat in scaffolding is one thing but completely rewriting all Process Instructions, TGI's, equipment removal procedures, rigging requirements, dry dock arrangements, equipment clearances, etc. would not be practical or cost affective. It would take several years to rewrite documents followed by years of lessons learned incorporation with the potential of significant worker safety impacts. I also do not believe our safety office would allow us to work until those changes have been implemented. That would require us to continue renting until we reworked everything to suit a "possible" new vendor. The labor dollars required and work stoppage losses for such an endeavor would be not benefit the shipyard or the Navy.

In accordance with DFARS PGI 6.3, previous J&A information is being included as Attachment 1 to this J&A. The previous J&A was for solicitation SPMYM3-16-Q-3056 and was for a similar lot of Excel Scaffolding.