INTENT TO SOLE SOURCE EXCEL STAGING EQUIPMENT TO EXCEL MODULAR SCAFFOLD AND LEASING CORPORATION

1. Contracting Activity:

Portsmouth Naval Shipyard-DETACHMENT (PNSY-DET), San Diego, CA.

2. Description of Action:

The proposed action is to award a sole-source, firm-fixed-price contract to Excel Modular Scaffold and Leasing Corporation for the procurement of modular scaffolding systems and associated leasing services.

3. Description of Supplies/Services:

The requirement is for the acquisition of modular scaffolding components and related leasing and support services to be used for naval maintenance and repair projects at the Portsmouth Naval Shipyard-DETACHMENT in San Diego, CA.

4. Authority and Justification:

This acquisition is conducted under the authority of Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i). This regulation states that "for purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization)." 

The use of a sole-source strategy is justified because Excel Modular Scaffold and Leasing Corporation is the only authorized manufacturer and distributor of their proprietary modular scaffolding systems in the United States. Due to this exclusive distributorship, no other source can provide the required items.

5. Rationale for Sole Source:

Market research confirms that Excel Modular Scaffold and Leasing Corporation holds exclusive rights to the manufacture and distribution of its specific scaffolding products in the United States. The government's requirement is for this particular brand-name product due to shipyard personnel are trained and qualified for Excel staging assemble/use only. Therefore, Excel Modular Scaffold and Leasing Corporation is the only source capable of fulfilling the agency's needs.