SPMYM323Q1101 J and A Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPMYM323R1101

Controlled by: DLA Land and Maritime Controlled by: DLA KME

CUI Category: PROCURE/SSI Distribution/Dissemination Control: FED ONLY

POC: Stephen.1.Smith@dla mil

DLA Land & Maritime Justification for Other Than Full & Open Competition (December 2021)

[X] ORIGINAL

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

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

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 NSN/P/N QUANTITY EST. VALUE

Haki Panel 3 Meter 203302 1950

Haki Panel 2.4 Meter 203302 900 Haki Cladding Track 6230070 2100

Haki Couplers Clamps 7541001 4200 Haki Track Joint Plates 7540000 2100

Shipping

Identify end item, weapon system, or class of item: Haki panels and hardware

ESTIMATED BASE VALUE:

ESTIMATED TOTAL VALUE (BASE + OPTIONS): _

MAXIMUM CONTRACT VALUE:

FOR ADD-ONS, PROVIDE VALUE OF OPTION YRS REMAINING:

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

[X] 10 U.S.C. 3204(a)(1) - Available from only one or a limited number of sources.

HAKI cladding system prevents inadvertent access to areas within scaffolding builds, provides noise reduction and visual obstruction, pairs with existing scaffolding system components, and stops bad actors from dismantling the cladding system from the outside of the scaffolding build.

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition (November 2021)

8. Market Research/Efforts to Obtain Competition:

Market Survey [10 U.S.C. 2304(f)(3)(D)]:

[ X] A market survey was conducted on/during 30 June – 15 July 2022.

A Sources Sought Notice SPMYM322QHakiSystem was posted on SAM.gov on 30 June 2022 and closed on 15 July 2022 seeking sources capable of providing the required materials. No responses were received. The Contract Specialist contacted Haki directly to determine available sources. Haki responded that it only distributes through authorized distributors. BrandSafway (Cage Code 52779) is the distributor for the United States.

Information received regarding the commerciality of the item(s): Review of HAKI’s product catalog as well as its distributor, BrandSafway, show HAKI panels and associated hardware are readily available in the commercial marketplace to the general public. After review of all the market research information, the Contracting Officer has determined that these items are commercial.

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

[X] Other: Based upon the technical review and certification completed by the Product Specialist, technical data is not available to the Government, and cannot be developed to permit full and open competition. The data presently available reflects the minimum needs of the Government. The Haki cladding system attaches easily to the existing scaffolding and roof systems used at Portsmouth Naval Shipyard. Other brands would not be compatible and would result in the to determine compatibility. HAKI (LG) is a global company based in Sweden, with USA based Dealers. Haki has an authorized distributor for their material resulting in this requirement being brand name mandatory instead of sole sourced. The Haki website lists BrandSafway (52779, LG) as their authorized dealer for the United States. This was also verified by the Contract Specialist, who contacted Haki directly.

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

As previously stated, no responses were received from the Sources Sought Notice, but DLA has ordered HAKI materials from HAKI’s authorized distributor (BrandSafway) in the past.

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

[X] Solicitation contains DLA Procurement Note, L04 Offers for Part Numbered Items [X] Solicitation contains DLA Procurement Note, M06 Evaluation of Offers for Part Numbered Items [ ] VE Bailment Program [ ] Source Development Review [ ] Reverse Engineering [X] Other (Explain) A solicitation will be posted on SAM.gov. All qualified interested parties may quote. Prior contract SPMYM322P3104 for similar materials was under SAT. Limited Source Justification attached.

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition

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 $750,000, this signature serves as the approval.

Technical Date

Contracting Officer Date

APPROVAL/CERTIFICATION

I have reviewed and approve this justification:

Competition Advocate Date Signature

Head of the Contracting Activity (HCA) Date Signature

Senior Procurement Executive (AQ) Date Signature

APPROVAL REQUIREMENTS

MCCLUSKEY.RACHEL.

JESSICA.1012573452

Digitally signed by

MCCLUSKEY.RACHEL.JESSICA.1012

573452 Date: 2023.01.17 13:41:15 -05'00'

SOLICITATION SPMYM323R1101

DLA Land & Maritime Justification for Other Than Full & Open Competition

[ ] Up to $750,000 Contracting Officer

[X] $750,000 to $15,000,000 Competition Advocate

[ ] $15,000,000 to $100,000,000 Head of Contracting Activity (HCA)

[ ] over $100,000,000 Senior Procurement Executive (AQ) (DLA General Counsel signature line required when sending to AQ)

Attachment(s):

Market Research Memorandum SPMYM322P3104 Limited Sources Justification