JA Rota Spain Ceiling Incr_Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

20-13

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS), ROTA SPAIN

HTC711-17-D-R005

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 Rota Spain S&RTS contract ceiling. The reason for this increase is due to a higher rate of deployment/redeployments and theater-driven mission requirements. The ceiling on the contract will be increased by an additional $2,000,000.00, extending the ceiling from $1,000,000.00 to $3,000,000.00, to accommodate current and anticipated operations through the term of the contract. This amount includes the 6 month extension allowed by FAR Clause 52.217-8, Option to Extend Services.

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

This contract will provide the 598th Transportation Brigade (598th Trans BDE) services 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 Rota, Spain in support of national and strategic military interests of the United States of America. The estimated value for this action is $2,000,000.00.

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 awarded 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, HTC711-17-D-R005, was awarded to Astaroth Desarrollos SL beginning 01 April 2017, with a base year, 4 option years and a possible 6 month extension.

A Request for Services Contract Approval (RSCA) package was submitted to TCAQ by SDDC/G3 on 26 December 2019 requesting an increase to the Rota, Spain S&RTS contract ceiling. The services being provided are in support of the 598th Trans BDE, 839th Transportation Battalion (TB) located on the Leghorn Army Depot, Tombolo, Pisa, Italy. 839th TB serve as the Single Port Manager (SPM) for the Port of Rota, Spain located in the North Atlantic Ocean on the southwestern coast of Spain.

The . In 2017, the Port of Rota, Spain, The S&RTS contractor provides required drayage services between the sea and air ports (and vice versa) to support this unique requirement. Support for current and ongoing missions is a necessity and there must not be an interruption in service. Failure to increase the ceiling price by executing this modification would result in the Government being seriously injured as cargo would not be able to be loaded and unloaded from arriving and departing vessels; resulting in mission failure. An unacceptable delay or interruption of services jeopardizes support and secure deployment of military personnel and cargo during missions and any unforeseen emergency.

Astaroth Desarrollos SL is the current contractor under HTC711-17-D-R005, is qualified, available, and capable of performing required S&RTS services in support of DoD cargo transiting through the Ports of Rota Spain. Although solicted as full and open, Astaroth Desarrollos SL was the only company that proposed on the solicitation. This contract ceiling increase is required to ensure continued performance at a high operational tempo and efficiency in support of a combat theater, at fair and reasonable rates. With an increase in operations bringing cargo and to the Port of Rota, Spain, modifying the contract to extend the ceiling by $2,000,000.00 will cover the expected expenses for future obligations and orders.

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 because Astaroth Desarrollos SL is the only source qualified, available, and capable of performing required S&RTS services in support of DoD cargo transiting through the Ports of Rota Spain.

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. Any re-compete effort will be published to beta.sam.gov in order to solicit from as many sources as possible.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Unit prices will remain unchanged. At time of award, Astaroth Desarrollos S.L’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 prices are fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

No market research efforts were conducted specifically for this action. Prior to award, market research was conducted. Multiple companies were found capable of performing this type of service; however, only one offeror submitted a proposal in response to the solicitation.

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 SERVICES REQUIRED

If a re-compete is determined necessary, market research will be conducted to identify as many potential sources as possible and the solicitation will enable maximum competition.

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

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.

YEARIAN.CARRI

MATTHEWS.MICH

AEL.SCOTT.

Digitally signed by

MATTHEWS.MICHAEL.SCOTT.

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HAEL S. MATTHEWS

Chief, Seaport Contract Management Branch, SDDC-G3

APPROVED:

Digitally signed by

LINDSCO.KERI.ANN. NN.

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KERI A. LINDSCO

Competition Advocate

LIND A