JA-Scaffolding SPMYM323Q3002 -Redacted.pdf

CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPMYM323Q3002

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

[X] Other: This material is required to work with existing PNS owned Excel Scaffolding components, which must match in form, fit, and function. Due to the proprietary interlocking design of the scaffolding and the fact that this scaffolding must be compatible with existing inventory, and other brands will not be compatible

This material is in accordance with a brand name description per FAR 6.302-1(c)(1) to Excel (Manufacturer:

Deltak Manufacturing Inc CAGE Code 6UL20), due to the proprietary nature of the material, and the need for it to be compatible with existing inventory. Deltak Manufacturing Inc. is the only source approved for this acquisition because Deltak Manufacturing retains the data rights, manufacturing knowledge, or technical data that is not economically available to the government, and the data or knowledge is essential to maintaining the quality of the part.

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.

The Portsmouth Naval Shipyard Temporary Services Structural Branch Head has determined from a technical perspective that Excel Scaffolding is the safest and most robust engineered system scaffolding available. Converting or combining with another system would require redesigning all custom dry dock enclosures and hundreds of historical structural designs that have been evaluated and designed for personnel, equipment, seismic and destructive weather loads.

These designs are specific to the Excel proprietary brand of scaffolding. Other brands use a completely different connection system.

Excel Manual Excel Modular Scaffolding Code of Safe Practices (EMSLC-TSM-100) is available online and clearly states the following: “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.”

[ X ] Other. Parallel to this effort, the agency is working on requirements contract for the Portsmouth Naval Shipyard. We recently underwent extensive market research, resulting in the identification that the only offer anticipated for this material is from Excel Scaffolding directly.

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

[X] The acquisition will be synopsized via a combined synopsis from July 12, 2023 to July 19, 2023.

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

In accordance with FAR 15.404, the Procuring Contracting Officer will make a determination of fair and reasonable pricing based upon comparison of the proposed price with prices found fair and reasonable on previous contracts, as well as other cost, price, and buyer analysis. Information from market research, governmental sources, and Producer Price Index Industry (PPI) Data will also be used to help establish price reasonableness when needed. Certified cost and pricing data is not required due to Contracting Officer commerciality determination.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPMYM323Q3002

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

During the solicitation phase of SPMYM315D3080 (an Excel scaffolding delivery order contract over $4 million awarded to BHI Energy), BHI submitted pricing information showing it had previously quoted and delivered Excel scaffolding items to Graybar (CAGE 90176), a commercial entity. The material is considered Commercial Off the Shelf (COTS), and therefore Certified Cost and Pricing Data is not required.

Additionally, the Government has evidence from previous procurements that BHI has quoted this material to non-Government entities.

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

Based upon the attached technical certification, 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.

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

Excel (Cage Code 93D98)

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

THE PREVIOUSLY APPROVED J&A FOR THIS MATERIAL (SPMYM323R1101) IS ATTACHED TO

THIS J&A FOR REFERENCE.