15CW001 D2S2 JA Redacted.pdf

CUI

SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

LOGISTICS SUPPORT SERVICES DEPLOYMENT

AND DISTRIBUTION SERVICE (D2S2)

Control Number 21-25

1. CONTRACTING ACTIVITY:

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Sealift Division, 508 Scott Drive, Scott AFB IL 62225-5357.

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This action will result in a modification to extend the Period of Performance of the firm-fixed price contract HTC711-15-C-WOO 1 supporting 595th Transportation Brigade (TBDE) with deployment and distribution services in Kuwait. Period of Performance for this extension will be for six ( 6) months from 1 April 2021 through 31 September 2021. Option periods will be used in one month increments, as needed, with the first option period being from 1 April 2021 through 30 April 2021, the second option period from 1 May 2021 through 31 May 2021, and so on until no longer needed or until 30 September 2021.

3. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS (INCLUDING THE ESTIMATED VALUE).:.

The 595th TBDE requires continued deployment and distribution service to provide Military Surface Deployment and Distribution Command (SDDC) forward presence in order to coordinate redeployment support, container management, and door-to-door/door-to-port/ port-to port surface distribution operations in the United States Central Command (USCENTCOM) Area of Responsibility (AOR). The Brigade manages all Universal Services Contract (USC) cargoes entering and exiting the Theater of Operations (TO). In support of this critical task, this contract provides contract deployment and distribution service support for traffic management services, and related vessel services and support and documentation not limited to cargo manifest deployment and distribution operations mission within the USCENTCOM AOR. The estimated value for this six (6) month extension is

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Controlled by: USTRANSCOM Controlled by: Dir. of Acquisition CUI Category/ies:

Limited Dissemination Control:

POC: Shanda Lyman, Page 1 of5 tcbakeaa Cross-Out tcbakeaa Cross-Out

A firm-fixed price contract, HTC711-15-C-W001 , was awarded to Raith Engineering & Manufacturing. Co. W.L.L (Raith) effective 1 September 2015. The contract is currently in a three (3) month extension authorized by FAR 52.217-8, Option to Extend Services, expiring on 31 March 2021 . The follow-on Logistics Support Services Deployment and Distribution Service Contract HTC71120PW001 was awarded on 13 August 2020 with performance scheduled to start on 1 October 2020. However, before services could begin under HTC71120PW001 , a post award protest was filed with the Government Accountability Office (GAO) (i.e. , GAO Protest B- 419023) on 19 August 2020. As a result, a stop work order was issued pending resolution of the protest. On 31 August 2020, the GAO formally dismissed protest B-419023 because USTRANSCOM determined it was taking corrective action. Thereafter, the Agency conducted a price realism analysis and, on November 25, 2020, notified offerors the Agency intended to award the contract to Raith. On 3 December 2020, a second post-award protest was filed with the GAO (i.e., GAO Protest B-419023.2; B-419023.3). On 22 January 2021 , the GAO formally dismissed protest B-419023.2 and B-419023.3 because USTRANSCOM determined it was taking corrective action.

This Justification and Approval (J&A) supports an additional six (6) months of performance of contract HTC711-15-C-W001 to permit the Agency time to perform its corrective action, issue or affirm a new source selection decision, and allow the successful offeror to begin performance.

The current incumbent contract is due to expire on 31 March 2021 and a delay in contract award would result in serious injury to the Government.

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION.

10 U.S.C.2304(c)(2)

5. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND

SUPPORTING RATIONALE, E.G., THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:.

In accordance with (IA W) 10 U.S.C.2304(c)(2) I FAR 6.302-2(a)(2)(b), an unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious impact, financial or other, to the Government. Any approach to fulfilling this requirement other than extending the Period of Performance would result in serious impact to the 595th TBDE mission and United States strategic initiatives supporting ongoing US military operations in the USCENTCOM AOR.

Failure to extend the Period of Performance would degrade the 595th TBDE's capability to provide transportation support to deployment and redeployment of supplies and equipment in the USCENTCOM AOR. These services are mission essential to the SDDC to ensure accurate and timely processing of deployments and cargo movements for USC in the USCENTCOM AOR.

These services are administrative in nature and consist of an array of logistics services and support for traffic management services, operation of software application systems, preparation of vessel documentation to include, but not limited to, cargo manifests, and the preparation of reports and analyses. Failure to contract for these necessary services would seriously degrade

Atlantic Barge, J&A Page 2 of5 the mission capability of the 595th TBDE in the USCENTCOM AOR. The incumbent contractor is uniquely familiar with the operational requirements with the current sustainment to the extent award to another source at this point in time would result in disruption of SDDC services and unacceptable transportation delays for supplies and equipment in the USCENTCOM AOR. The primary reason for pursuing this strategy is to reduce the risk of delay and mission disruption.

Support of current and ongoing missions is a necessity, and there must not be an disruption in service. This extension provides the required services and support to ensure mission success and mitigates the possibility of negative impact on the transportation of mission critical cargo.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202

APPLIES.

Due to the unusual and compelling urgency of this requirement, offerors were not solicited from other sources for this extension. Notice is not required to be publicized IA W FAR 5.202(a)(2) because the proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time periods specified in

5.203. In addition, this justification follows the format at 6.303-2, modified to reflect the procedures in FAR subpart 13.5 were used and IAW 13 .5 (a) (iii) this justification will be made publicly available as required by 6.305(a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (t). Competitive RFQ HTC71120QW001 (released on 17 June 2020), was originally awarded on 13 August 2020 with performance scheduled to begin on 1 October 2020; eight (8) offerors submitted proposals in a full and open competitive environment. However, before services could begin under HTC71120PW001, a post-award protest was filed with the Government Accountability Office (GAO) (i.e., GAO Protest B- 419023) on 19 August 2020. As a result, a stop work order was issued pending resolution of the protest. On 31 August 2020, the GAO formally dismissed protest B-419023 because USTRANSCOM determined it was taking corrective action. Thereafter, the Agency conducted a price realism analysis and, on November 25, 2020, notified offerors the Agency intended to re award the contract. On 3 December 2020, a second post-award protest was filed with the GAO (i.e., GAO Protest B-419023 .2; B-419023.3). On 22 January 2021 , the GAO formally dismissed protest B-419023.2 and B-419023.3 after USTRANSCOM determined it was taking corrective action. This extension is necessary so that USTRANSCOM may once again evaluate revised solicitation quotes, and re-award under the current solicitation. A current and ongoing need exists for uninterrupted services while the Agency performs its corrective action and up until the new contract can begin performance.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

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The Contracting Officer will ensure the resultant award price is fair and reasonable per FAR 13.106-2., by extending rates previously established as fair and reasonable. In the original award and subsequently at the time of each option year initiation and the subsequent extension, these rates were compared to the contractor's proposal to the independent government cost estimate, comparing to competition, and any other price/cost analysis techniques deemed necessary.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED.

Market research was conducted for the follow-on requirement before the competitive RFQ HTC71120QW001 was released on 17 June 2020. Due to the urgent need for uninterrupted services, additional market research efforts were not conducted specifically for this extension.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

None.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION.

The following companies submitted proposals in response to the follow-on acquisition for these services:

11. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

While circumstances do not permit full and open competition at this time, it is understood this situation is unique and a one-time occurrence driven by operational requirements. The Government anticipates a competitive acquisition for the follow-on procurement and it is anticipated the six-month extension is sufficient time to allow for a new source selection decision, contractor transition lead time ( 45 days, if needed), and any administrative delays in awarding the follow-on contract.

12. CONTRACTING OFFICER'S CERTIFICATION:

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13 April 2021

I certify that the justification is accurate and complete to the best of my knowledge and belief.

L YMAN.SHANDA.L. Digitally signed by

L YMAN.SHANDA.L.

Date: 2021.04.1210:57:30-0S'00'

SHANDA L. LYMAN

Contracting Officer

12 April 2021

DATE

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION.

I certify that the supporting data which form a basis for this justification are complete and accurate.

Date: 2021 .04.13 08:21 :11 +03'00'

Deputy, Director of Operations (Acting) 595th Transportation Surface Brigade

DATE

14. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING

THE CIRCUMSTANCE THAT APPLIES TO THE ACTION:

Based on the above cited justification, I hereby determine the circumstance in FAR 6.302-2 applies to this justification for an exception to fair opportunity.

LYMAN.SHAN DA.L. Digitally signed by

L YMAN.SHANDA.L.

Date: 2021.04.12 10:58:36 -05'00'

SHANDA L. LY AMN

Contracting Officer

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12 April 2021

DATE

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