JA Tally and Check Ceiling_Redacted.pdf

JUSTIFICATION AND APPROVAL

20-07

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS), GERMANY TALLY

AND CHECK

HTC711-16-D-R026

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/OR DESCRIPTION OF THE ACTION BEING APPROVED

This action will result in a modification to increase the Bremerhaven, Germany Tally and Check contract ceiling. The reason for this increase is due to a higher than anticipated rate of deployment/ redeployment and theater-driven mission requirements. The ceiling on the contract will be increased by an additional €1,000,000.00, increasing the ceiling from €2,000,000.00 to €3,000,000.00, to accommodate current and anticipated operations through the term of the contract.

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

This increase will provide the 598th Transportation Brigade (598th Trans BDE) with the Stevedoring and Related Terminal Services (S&RTS) needed to maintain and sustain current and future operations. 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 Bremerhaven, Germany in support of national and strategic military interests of the United States of America. The estimated value for this action is €1,000,000.00 total.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1) 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 6.302-1(a)(2)(iii), services may be deemed 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 of the current contract would result in unacceptable delays. A firm fixed-price IDIQ contract, HTC711-16-D-R026, was awarded to F.Bosse GmbH & CO. KG with a performance start date of 01 September 2016. The performance period consists of a one-year base period and four one-year options. A Request for Services Contract Approval (RSCA) package was submitted to TCAQ by SDDC/G3 on 18 November 2019 requesting an increase to the Germany Tally and Check S&RTS contract ceiling. The services being provided are in support of the 598th Trans BDE, located in Sembach, Germany. A break in service is not acceptable.

Spend for the base year totaled , which was higher than the estimated Contract Line Item Number (CLIN) value. In addition, Option Year 1 exceeded CLIN value by and Option Year 2 exceeded CLIN value by .

Option Year 3, with 9 months remaining, has exceeded the CLIN value by

, and with the projected workload is on pace to surpass that of the previous year. In addition to the unprecedented operational usage over the past several years forecasted demand will continue to drive usage upward as the 598th Transportation Brigade prepares to support

It is anticipated this increased demand for strategic sealift S&RTS capability through the port of Bremerhaven, Germany will quickly push contract obligations to 100% of the current ceiling.

F.Bosse GmbH & Co. KG and TRANSCAR GnbH are the only qualified contractors known to be available and capable of performing required S&RTS services in support of DoD cargo transiting through Bremerhaven, Germany. The Government would require 6-12 months to perform a competitive source selection to meet this requirement. In addition to this procurement timeline, a new contractor typically requires a minimum of thirty days to receive the appropriate security clearances necessary to access these locations and stage contractor-supplied equipment at the ports. This operational delay or interruption of services would significantly jeopardize the deployment and redeployment of military personnel and/or cargo in the region

As a result, a contract ceiling increase is required to ensure that the Government is capable of continued performance at a high operational tempo and efficiency in the European theater.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Competitive offers were not sought specifically for this proposed ceiling increase. FAR 5.202(a)(12), exception applies. The Contracting Officer need not submit the notice required by FAR 5.201 when the proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. A full and open, competitive Request for Proposal (RFP), HTC711-16-R-R021, for a long-term contract was solicited via Federal Business Opportunities (FBO) on 02 August 2016 and closed 10 August 2016.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Contract prices will not change. At time of award, F.Bosse GmbH & Co. KG’s prices were determined fair and reasonable based upon adequate price competition and comparison against the Independent Government Cost Estimate and historical pricing IAW FAR 15.404-1(b)(2). No other market conditions exist that alter the determination that the price is fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

Prior to award of the basic contract, market research was conducted and two companies were found capable of performing this type of service. TCAQ-R released a Request for Information (RFI) on 07 April 2016 pursuant to the release of RFQ HTC711-16-R-R021. No additional market research efforts were conducted specifically for this action.

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

No additional market research efforts were conducted specifically for this action.

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 SERVICES REQUIRED

By increasing the contract ceiling, we will be able to accommodate and other unknown future operations. In addition, increasing the ceiling will enable the Government to develop the follow on requirements package and perform a competitive solicitation prior to contract expiration, while implementing a metered operational transition period avoiding mission delay or interruption.

12. CONTRACTING OFFICER CERTIFICATION

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.

Digitally signed by

YEARIAN.CARRIE.E.

E.E.

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CARRIE YEARIAN

Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

YEARIAN.CARRI

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.

MATTHEWS.MICH

AEL.SCOTT.

MATTHEWS.MICHAEL.SCOTT.

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HAEL S. MATTHEWS

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

PROGRAM/PROJECT: S&RTS, Germany Tally and Check

AUTHORITY: 10 U.S.C. 2304(c)(1)

ESTIMATED CONTRACT COST: €1,000,000.00

TYPE OF J&A: Individual

APPROVED:

LINDSCO.KERI.ANN.

NN.

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KERI A. LINDSCO

Competition Advocate

LIND A