2021.04.14 GB J&A Redacted.pdf

CUI

SOURCE SELECTION INFORMATION See FAR 2.101 and 3.104

Controlled by: USTRANSCOM Controlled by: Dir. of Acquisition CUI Category/ies: SSEL Limited Dissemination Control: FED ONLY

POC:

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JUSTIFICATION AND APPROVAL (J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

SCHEDULED FUEL BARGE IN GULF REGION

Control Number 21-27

1. CONTRACTING ACTIVITY:

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

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

The incumbent contract, HTC711-16-C-W001, for transportation of Department of Defense (DoD)-owned bulk jet fuel (JP5 and JAA) by tug and barge between all ordered United States ports and points on the Gulf of Mexico and the Lower Mississippi River and their connecting waterways and tributaries, was awarded to JAR Assets, LLC on 28 January 2016. This contract contains an 8-month base period beginning on 1 February 2016 and four 12-month option periods ending on 30 September 2020. This contract also contains FAR 52.217-8, Option to Extend Services, which allows for an extension of performance for up to an additional six months. This J&A is to support modification P00037 to the incumbent contract for an additional two months of performance to provide sufficient time to conclude proposal evaluations and start follow-on contract performance.

USTRANSCOM, requiring continued scheduled Gulf Region fuel barge services, released Request for Proposal (RFP) HTC711-20-R-W001 on 31 March 2020, soliciting proposals for a follow-on Scheduled Fuel Barge in Gulf Region contract. At the time the RFP was released, USTRANSCOM anticipated the award to be made on or before 1 October 2020. However, due to the prolonged source selection process, the award of HTC711-21-C-W001 will be delayed until 1 April 2021.

As a result of the delay awarding the follow-on contract, modification P00032 was executed extending the incumbent contract for three months from 1 October 2020 through 31 December 2020. Sequentially, modification P00034 extended the contract an additional two months from 1 January 2021 through 28 February 2021; and Modification P00035 extended the contract an additional month from 1 March 2021 through 31 March 2021, using the final month of the 6-month FAR 52.217-8, Option to Extend Services period.

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Upon receipt of proposals in response to the RFP, it was determined proposals had significant deficiencies that needed to be addressed. Discussions, which included (ENs), were conducted between 16 June 2020 and 16 February 2021, resulting in in the competitive range. Before the expiration of the current contract on 31 March 2021, USTRANSCOM will issue a modification adding two months of performance (1 April 2021 to 31 May 2021), beyond the FAR 52.217-8 extension period under the authority of FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. USTRANSCOM estimates the follow-on contract being awarded on 1 April 2021 with the performance starting on 1 June 2021.

The estimated value of this 2-month extension from 1 April 2021 to 31 May 2021 is $2,253,183.18.

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

The contract will provide Defense Logistics Agency (DLA) services needed to maintain and sustain current and future operations while finalizing the award under the RFP and transitioning to performance under the new contract. The Gulf Barge contract covers the transportation of DoD-owned bulk jet fuel (JP5 and JAA) by tug and barge between all ordered United States ports and points on the Gulf of Mexico and the Lower Mississippi River and their connecting waterways in Louisiana, Texas, Alabama, and Florida in a 24/7 capacity. This performance must be provided by barge/tug systems compliant with the coastwise laws of the United States.

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, as implemented under FAR 6.302-1.

5.

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED:

In accordance with FAR 6.302-1(a)(2)(iii)(B), highly specialized services may be deemed available from the original source in the case of a follow-on contract when it is likely that award approach to fulfilling this requirement other than extending the period of performance of the current contract will result in unacceptable delays. The service within the Gulf region is critical

. A break in service will severely impact the operations of Gulf Coast military bases causing potential mission failure. The Gulf Coast military bases are purely supported by fuel barges. The fuel supports aircrew training, crisis action response for natural disasters and threats to the homeland, and ultimately readiness which

Line hauling fuel by truck is not feasible because the amount of fuel provided exceeds the amount trucks can transport.

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The incumbent contractor is the only source that can currently provide service without interruption. They have all the required equipment in place with proper inspections completed and are positioned to continue 24/7 support during the extension.

Support for current and ongoing missions is a necessity, and there must not be any interruption in service. The 2-month extension provides the required services and support to ensure DLA fuel transportation mission success and mitigates the possibility of negative impact.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICAL:

A full and open RFP was released on 31 March 2020 for the follow-on contract which is anticipated to be awarded on . Competitive offers were not sought for this 2-month extension.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

During solicitation of incumbent contract, HTC711-15-R-W004, (awarded on 28 January 2016), three offerors submitted proposals that were determined to be within the competitive range. JAR Assets, LLC was evaluated as the lowest priced, technically acceptable offeror and was awarded the contract. Price analysis conducted during this solicitation determined the evaluated price for the base period and four option years was fair and reasonable based on market and historical prices (FAR 15.404-1(b)(2)).

increased and were determined fair and reasonable at contract award. Option year 4 rates of the incumbent contract will apply to this extension period.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED:

TCAQ-I conducted extensive market research for the follow-on requirement. Request for Information (RFI) TRANSCOM20W001 was posted on Federal Business Opportunity (FBO) (now beta.SAM.gov) on 19 September 2019. TCAQ-I also conducted internet searches, a site visit to Port Houston, TX to meet with the customer, and a search of the Small Business

This market research focused on additional technical requirements, and updated the RFP evaluation factors, pricing structure, contract length, and contract lead time. No additional market research efforts were conducted for this 2-month extension.

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

OPEN COMPETITION:

None.

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

ACQUISITION:

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:

The solicitation for the follow-on contract was issued on 31 March 2020 using full and open competitive procedures. Four offers were received, with one offeror being removed from the competitive range. Upon completion of the proposal evaluation, as identified above, TCAQ-I will make a source selection award decision utilizing the approved full and open best value competitive source selection procedures. Absent protracted litigation, it is anticipated the 2-month extension contemplated herein will allow for contract award execution and contract performance to start without further extension.

12. CONT

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.

SHANDA L. LYMAN

Contracting Officer

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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.

WARREN BOONE

DLA- Chief, Distribution Branch

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- 1(a)(2)(iii)(B) applies to this justification for other than full and open competition.

KERI A. LINDSCO

Competition Advocate