J&A6.302-1SPMYM319Q0004.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION: SPMYM3-19-Q-0004

[ X ] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Maritime Portsmouth, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis. The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

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

DESCRIPTION P/N QUANTITY E EST. TOTAL VALUE

4 CUP VERTICAL 23" VP4 1

6 CUP VERTICAL 34.5" VP6 1

8 CUP VERTICAL 46" VP8 64

10 CUP VERTICAL 57.5" VP10 4

12 CUP VERTICAL 69" VP12 23

20 CUP VERTICAL 115" VP20 124

FIXED BASE SCREW JACK FBJ 22

2' 6" BEARER PB32 44

36" BEARER PB36 102

48" BEARER, 5 PLANK BEARER PB48 809

SIX FOOT BEARER PB72 100

SEVEN FOOT BEARER PB84 100

EIGHT FOOT LEDGER HL96 238

3 FT. PLANK SP36 80

4 FT. PLANK SP48 256

6 FT. PLANK SP72 56

8 FT. PLANK SP96 225

6 IN X 4 FT PLANK 6SP48 6

6 IN X 10 FT PLANK 6SP120 12

8' TRUSS TR8 12

10' TRUSS TR10 15

16' TRUSS TR16 8

HORIZONTAL RACK HR-1 28

FOLDING WIRE BASKETS FWB 3

STEEL SQUARE RACK SSR 17

LADDER BRACKET W/ CLAMP LB3 14

SAFETY GATE W/ CLAMP SG2 18

DIAGONAL SWIVEL BASE DSB 504

EST. TOTAL AMOUNT

*Requirement quantity of the material listed in the table above will be procured as one (1) Lot.

The subject requirement is for the procurement of one (1) lot of above-identified parts and components of excel scaffolding material. The excel scaffolding material is sole source and proprietary to BHI Energy I Power Services LLC (BHI). Bartlett Holdings, Inc. is the immediate owner of BHI. Bartlett Holdings, Inc.is also known as Bartlett Services, Inc., who owns the proprietary design of the excel scaffolding design. The proprietary design of this specific type of scaffolding entails a quick snap tool-less feature that is Occupational Safety and Health Administration (OSHA) approved. At this time, there is no other known source of supply capable of providing the required scaffolding material that would be compatible with this proprietary design and the scaffolding already in use.

The Portsmouth Naval Shipyard currently has over $9.6 million dollars of the excel scaffolding material in their possession and in use. The proprietary design of this specific type of scaffolding entails a quick snap feature that will only coordinate with the existing material on hand. Utilizing a different brand in conjunction with the proprietary excel design could pose a significant safety hazard to employees and contractors. If the shipyard were to use another type of scaffolding, they would be required to purchase or rent an entire new set of material, as no other known type of scaffolding is compatible with the excel scaffolding design. This would result in the duplication of resources, cost, and time to the Government that would not be recovered through competition. The usage of any other type of scaffolding would require the shipyard to completely rewrite and change all work process instructions and procedures in place, to include items such as; boat scaffolding enclosures, equipment removal procedures, rigging requirements, dry dock arrangements, and equipment clearances. The instructional rewrite process would take several years to complete, which is not practical or cost effective. Additionally, the shipyard’s safety office would hinder all work from being performed until any process or instructional changes were approved and finalized. The work stoppage losses and labor hours involved for such an endeavor would not be justifiable or beneficial to the Government.

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): Not Applicable

MAXIMUM CONTRACT VALUE:

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

10 U.S.C. 2304(c)(1) - Available from only one responsible source and no other type of property or services will satisfy the needs of the agency.

5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

BHI Energy I Power Services LLC (BHI), Cage Code-7AN38.

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

The acquisition will be solicited on Federal Business Opportunities (FedBizOpps) to encourage potential supplier participation. Any interested party that requests a copy of the solicitation will be provided with one. The Government will continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 13.106-3(a), the Procuring Contracting Officer will make a determination of fair and reasonable of pricing based upon comparison of the proposed price with prices found fair and reasonable on previous purchases, as well as other cost, price, and buyer analysis. There is ample product in the related industry/commercial marketplace to compare the scaffolding costs to, as well as

SOLICITATION: SPMYM3-19-Q-0004

substantial rental and purchase history to perform analysis on and utilize for ccomparison of proposed prices with prices found reasonable on previous purchases

8. Market Research/Efforts to Obtain Competition:

A Sources Sought notice was posted to Federal Business Opportunities (FBO) on 7 June 2019 with a closing date of 11 June 2019. One (1) response was received as a result of this notice. Architectural Metals LLC (Cage Code -87G97), a small disadvantaged business concern, responded to the sources sought notice. After further review of the capability statement submission provided by Architectural Metals LLC, there is no clear indication that Architectural Metals LLC would have the resources and/or capabilities available to successfully support this requirement.

Recent prior purchase history for the same and similar excel scaffolding material was obtained. The same material was identified by the same manufacturer part number reference. Similar material item determination is based off of size, manufacturer part number, and material dimensions. DLA Maritime, Portsmouth awarded a contract on 27 June 2018, for the same and similar scaffolding material as the current requirement. Contract number SPMYM3-18-P-1051 was awarded on an unrestricted basis, in the amount of $249,815.61, to BHI Energy I Power Services LLC (Cage Code 7AN38), for a quantity of one (1) kit. In accordance with DFARS PGI 206-303-2, a copy of the previous justification and approval (J&A) for solicitation number SPMYM3-18-Q-1051, resultant contract SPMYM3-18- P-1051, is attached. (See Attachment 1, Previous J&A). A second contract was awarded by Portsmouth Naval Shipyard, Code 410 on 9 February 2018. Contract number N39040-18-P-0025 was awarded on an unrestricted basis, in the amount of $582,960.28, to BHI Energy I Power Services LLC (Cage Code 7AN38) for the rental of excel scaffolding material.

The Portsmouth Naval Shipyard, Defense Logistics Agency (DLA), and numerous other Department of Defense activities have also done business with BHI Energy I Power Services LLC (BHI) in the past.

Supporting information was located by querying Government databases that provide information relevant to agency acquisitions. Catalogs and other generally available published product literature available via the internet were also reviewed. BHI is active in the System for Award Management (SAM) database, with no exclusions indicating history of debarment or suspension. The Acquisition Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a Sources Sought Notice via FedBizOpps, analyzed same and similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet. Additionally, Excel Modular Scaffolding’s Code of Safe Practices (EMSLC-TSM-1001, Revision AL, dated 5/1/2018) advises that “scaffolds must be designed and used in accordance with the manufacturer’s specifications and recommendations. Do not intermix different brands of scaffold, unless authorized by the manufacturer.” Based on the information above and outlined herein; there is no indication or reasonable expectation that any other business concern would have the capability or resources available to support this requirement. Therefore, the Acquisition Specialist has determined BHI as the only source capable of providing the required items approved by Portsmouth Naval Shipyard (PNSY) at this time.

Information received regarding the commerciality of the item(s):

SOLICITATION: SPMYM3-19-Q-0004

In accordance with FAR 10.002(b), market research has been conducted to determine if commercial items or non-developmental items are available to meet the Government’s needs or could be modified to meet the Government’s needs. The results of market research establish that a type of scaffolding is generally available in the commercial marketplace and has been offered for sale or lease to the general public. The general definition of the term ‘scaffolding’ refers to, “a temporary or movable platform for workers (such as bricklayers, painters, or miners) to stand or sit on when working at a height above the floor or ground.” Scaffolding is also a “supporting framework” used by the general public to aid with construction, maintenance and repair of buildings, bridges and all other man-made types of structures.

Based on the results of the market research conducted, the Acquisition Specialist has determined that the excel scaffolding material meets the FAR 2.101(1)(i) definition of a commercial item.

[ X ] A market survey was not conducted due to:

Based on the results received from multiple other market research techniques used, a formal market survey was not conducted. The Acquisition Specialist contacted knowledgeable individuals within the Government regarding market capabilities, published a Sources Sought Notice via FedBizOpps, analyzed same and similar past procurement history requirements, queried Government-wide databases, and also reviewed catalogs and other product information available on the internet.

9. A listing of sources, if any, indicating an interest in the acquisition is:

BHI Energy I Power Services LLC (Cage Code - 7AN38) and Architectural Metals LLC (Cage Code - 87G97).

10. The following actions are being taken to identify additional sources:

, Production Controller at Portsmouth Naval Shipyard, has provided and offered the following course of action. Should the solicitation result with an alternate offer identifying another manufacturing source of supply of a different brand of scaffolding, and makes claim to be compatible with the Excel Scaffolding Design; the interested parties will be invited to the Portsmouth Naval Shipyard to provide a demonstration of the product’s compatibility and prior successful history of the product use. If the determination is made that there is another possible manufacturing source of scaffolding compatible with the proprietary design established by Excel, future acquisitions will allow and provide for manufacturer competition. The Government will also continue to conduct market research, to see if changes occur in the marketplace that would enable future actions for these items to be competitive. Additionally; Sources Sought notices will continue to be posted to FedBizOpps, prior to any future solicitations.

A review of the previous J&A (See Attachment 1) for solicitation number SPMYM3-18-Q-1051, resultant contract SPMYM3-18-P-1051, reveals that a Sources Sought notice (SPMYM3-18-Q-1S51) was posted to the Government Point of Entry (FedBizOpps) from 19 April 2018 to 25 April 2018. One

(1) response from a distributor offering the product of another scaffolding manufacturer was received.

The vendor responding to the notice could not provide adequate specifications to prove safe compatibility with the Excel scaffolding components. There is indication that a market survey was conducted.

However, the previous J&A did not reference the number of vendors contacted or number of responses received, if any, to the market survey conducted. Additional efforts performed also entail;

SOLICITATION: SPMYM3-19-Q-0004

internet market research, and a review of recent similar acquisitions for the same material components.

Prior acquisition history reviewed includes SPMYM3-16-M-3056, SPMYM3-15-M-3111, and SPMYM3-15-D-3080. Solicitation SPMYM3-18-Q-1051 was synopsized and solicited on FedBizOpps (FBO). The requirement was synopsized to FBO from 7 June 2018 to 15 June 2018. Solicitation SPMYM3-18-Q-1051 was posted to FBO from 14 June 2018 through 21 June 2018. As a result of the solicitation, contract SPMYM3-18-P-1051 was awarded on 27 June 2018, on a sole source basis to BHI. Planned actions to remove any barriers to competition cited on the previous justification include posting a Sources Sought notice to the Government Point of Entry (FedBizOpps) prior to any future solicitation. If the determination is made that there is another possible source of scaffolding compatible with the proprietary design established by Excel, future acquisitions will allow for manufacturer competition.

As previously conveyed; prior to publicizing and posting the solicitation (SPMYM3-19-Q-0004) for the current requirement; a Sources Sought notice was posted to Federal Business Opportunities (FBO) on 7 June 2019 with a closing date of 11 June 2019. One (1) response was received as a result of this notice. Architectural Metals LLC (Cage Code -87G97), a small disadvantaged business concern, responded to the sources sought notice. After further review of the capability statement submission provided by Architectural Metals LLC, there is no clear indication that Architectural Metals LLC would have the resources and/or capabilities available to successfully support this requirement. Therefore;

the determination has been made that there are no other possible source(s) of the scaffolding material and/ or components compatible with the proprietary design established by Excel, at this current point in time.

Based on the information provided above; the determination has been made that the planned actions to remove any barriers to competition cited on the previous justification have been completed at this time, and the requirement/guidance in PGI 206.304 have been fulfilled.

Referenced Attachments:

1.) Attachment 1, Previous J&A

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $700,000, this signature serves as the approval.

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

SPENN.AMANDA.

R.1283715090

Digitally signed by

SPENN.AMANDA.R.1283715090

Date: 2019.08.19 11:24:19 -04'00'

Competition Advocate Signature Date

Head of the Contracting Activity (HCA) Date Signature

DLA General Counsel Date

Senior Procurement Executive (AQ) Date

APPROVAL REQUIREMENTS

[ X ] Up to $700,000 Contracting Officer

[ ] $700,000 to $13,500,000 Competition Advocate

[ ] $13,500,000 to $93,000,000 Head of Contracting Activity (HCA)

[ ] over $93,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to

AQ)