JA 19-59 S&RTS Gdansk Poland_Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

GDANSK, POLAND

HTC711-18-D-R024

1. CONTRACTING ACTIVITY

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation and Support Division, 508 Scott Drive, Building 1900W, Scott AFB

IL 62225-5357.

2. NATURE AND/QR DESCRIPTION OF THE ACTION BEING APPROVED

This action will result in a modification to extend the Period of Performance of the Gdansk, Poland S&R TS contract and to increase the contract ceiling. The ceiling on the contract will be increased by an additional - $1.5M from $6.99M to $8.5M to accommodate the anticipated increase in operational requirements from 1 February 2020 to 31 January 2021.

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS

The requires continued S&RTS services to maintain and sustain current and future terminal operations through 31 January 2021. S&RTS includes vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo, inland transportation of cargo, customs clearance, yard management and management expertise. S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through Gdansk, Poland in support of national and strategic military interests of the United States of America. The estimated value for this action is -$1.5M.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL ANDQPEN

COMPETITION

10 U.S.C. 2304(c)(l), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with FAR 6.302-l(a)(2)(iii), services may be deemed as available from the original source in the case of a follow-on contract when it is likely award to any other source would result in unacceptable delays to fulfill the agency's requirements. Any approach to fulfilling this requirement other than increasing the ceiling and extending the period of performance of the current contract would result in unacceptable delays.

FOR OFFICIAL USE ONLY

tchannn0 Cross-Out

A firm fixed-price IDIQ contract, HTC711-18-D-R024, was awarded to Deep Water Container Terminal (DCT) beginning 31 Jul 2018. The contract is currently in the 6-Month Extension and set to expire on 31 January 2020. A Request for Services Contract Approval (SCR) package was submitted to TCAQ by SDDC/G3 on 21 Nov 2019 requesting an increase to the contract ceiling, and extension of the Period of Performance to the Gdansk, Poland S&R TS contract for continued support.

A break in service is not acceptable.

It would take approximately 6 months to award an S&R TS contract; this means there is insufficient time to conduct a new acquisition before the current contract [HTC711-18-D-R024] expires. As well, any other contractor typically performing this requirement would require at least thirty days to receive the appropriate port-specific security requirements for this location.

A similar period of time is generally necessary to stage contractor-supplied equipment at the ports. Additionally, support for current and ongoing missions is a necessity, and there must not be an interruption in service. Failure to extend the Period of Performance would degrade the capability to provide support for military unit deployments and exercise execution, thus decreasing the overall readiness level.

An unacceptable delay or interruption of services jeopardizes support and the secure deployment of military personnel and cargo during missions and any unforeseen emergency. This contract period of performance extension, and ceiling increase is required to ensure the Government is capable of continued performance at a high operational tempo.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

If the Government has a continuing need for this requirement in the future, then the government will seek to solicit further competition in a full and open environment.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THEANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The contracting officer will negotiate the proposed labor and commodity rate increases to ensure that they are fair and reasonable. At time of award, DCT' s prices were determined to be fair and reasonable IAW 15.401-l(b)(2). No other market conditions exist that alter the determination that prices on this contract may be determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULT

No additional market research efforts were conducted specifically for this action. Prior to award, market research was conducted, and four companies expressed interest in performing this type of service at Gdansk, Poland. All four companies submitted a proposal for this requirement; however, DCT was determined to be the only responsive source when the original award was made.

FOR OFFICIAL USE ONLY

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

COMPETITION

None.

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

INTEREST IN THE ACQUISITION

None.

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

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICESREOUIRED

Market research will be conducted to ascertain whether or not any changes to the current contract structure would result in increased competition at the port.

12. CONTRACTING OFFICERCERTIFICATION

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

HIGGERSON.CALEB. Digitally signed by

H IGG ER SON .CALEB.J .

J. Date: 2020.01.06 11:27:16 -06'00'

CALEB J. HIGGERSON

Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSQNNELCERTIFICATIQN

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Chief, Seaport Contract Management Branch, SDDC-G3

CONTRACTING ACTIVITY: United States Transportation Command, USTRANSCOM/TCAQ-R, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225-5357

FOR OFFICIAL USE ONLY

PROGRAM/PROJECT: S&RTS, Gdansk, Poland

AUTHORITY: 10 U.S.C. 2304(c)(l)

ESTIMATED CONTRACT COST: $ l .5M

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

LINDS(Q.KERI.AN Digitallysignedby

LINDSCO.KERI.ANN

N. Date: 2020.01 .0715:51:02-06'00'

KERI A. LINDSCO

Competition Advocate

FOR OFFICIAL USE ONLY