2021.06.03 Gulf Barge JA Redacted.pdf

CUI

SOURCE SELECTION INFORMATION-See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL (J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

DEDICATED FUEL BARGE IN GULF REGION

Control Number 21-50

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 (JPS and JM) 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 contained an 8-month base period beginning on 1 February 2016 and four 12-month option periods ending on 30 September 2020. This contract also contained FAR 52.217-8, Option to Extend Services, which allowed for an extension of performance for up to an additional six months, which ended on 31 March 2021. As discussed in more detail below, a follow-on contract was solicited and awarded on 14 April 2021; however, due to a post-award protest filed with the Government Accountability Office (GAO), USTRANSCOM determined an additional extension was necessary to allow time to take necessary corrective action. As described below, this is the second Justification and Approval (J&A) with the previous covering the Period of Performance (PoP) from 1 April 2021 to 31 May 2021. This J&A is to support modification P00038 to the incumbent contract for an additional six months of performance from 1 June 2021 to 30 November 2021.

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-W00 1 was delayed until 14 April 2021.

Gulf Barge, J&A CUI

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

POC:

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As a result of the delay in 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.

Upon receipt of proposals in response to the RFP, it was determined all proposals had significant deficiencies that needed to be addressed. Discussions, which included Evaluation Notices (ENs), were conducted between 16 June 2020 and 16 February 2021, resulting in offerors remaining in the competitive range. Before the expiration of the current contract on 31 March 2021, USTRANSCOM issued 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 awarded the follow-on contract on 14 April 2021 with performance scheduled to begin on 1 June 2021. However, before services could begin under HTC711-21-C-W001, a post-award protest was filed with the Government Accountability Office (GAO) (i.e. GAO Protest B-419804) on 30 April 2021. As a result, a stop work order (P0000l) was issued for HTC711-21-C-W001 pending resolution of the protest.

This J&A supports an additional six months of performance of contract HTC711-16-C-W001 to permit the Agency time to take corrective action and allow for the 90-day lead time for performance start. The estimated value of this 6-month extension from 1 June 2021 to 30 November 2021 is

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

AGENCY'S NEEDS:

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 (JPS 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)(2) Unusual and Compelling Urgency, as implemented under FAR 6.302-2.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED:

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In accordance with FAR 6.302-2( a)(2), need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. The service within the Gulf region is critical to DLA's mission to provide transportation of fuel between all ordered United States ports and points on the Gulf of Mexico and the Lower Mississippi River and their connecting waterways. A break in service will severely impact the operations of Gulf Coast military bases causing 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 directly correlates to the nation's warfighting capabilities. Line hauling fuel by truck is not feasible because the amount of fuel provided exceeds the amount trucks can transport.

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 6-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:

The follow-on contract HTC711-21-C-W001 was awarded on 14 April 2021 and protested on 30 April 2021. Due to the protest, a stay of performance modification was executed. The follow-on contract was competed utilizing Full and Open Competition. Due to the unusual and compelling urgency, offerors were not solicited from other sources for this proposed 6-month extension.

Only one entity (JAR Assets, LLC) currently has the highly specialized equipment with all inspections/approvals/and certificates in place as needed to meet the Government's immediate requirements. Other entities would require up to 90 days for the placement of the highly specialized equipment and to obtain the necessary inspections/approvals/certificates.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

During solicitation of the incumbent contract, HTC711-15-R-W004, (awarded on 28 January 2016), 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-l(b)(2)).

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED:

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TCAQ-1 conducted extensive market research for this follow-on requirement. Request for Information (RFI) TRANSCOM20W001 was posted on Federal Business Opportunity (FBO) (now beta.SAM.gov) on 19 September 2019. TCAQ-1 also conducted internet searches, a site visit to Port of Houston in Texas to meet with the customer, and a search of the Small Business Administration's (SBA) Dynamic Small Business Search website. 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 6-month extension.

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:

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:

The solicitation for the follow-on contract was issued on 31 March 2020 using full and open competitive procedures. offers were received, with being removed from the competitive range. Upon completion of the proposal evaluation, as identified above, TCAQ-1 issued an award to JAR Assets, LLC on 14 April 2021 based on the best value to the Government using approved source selection procedures. The award produced a GAO protest resulting in a modification to stop work until there is resolution to the protest. Absent protracted litigation, it is anticipated that the 6-month extension is sufficient time to allow for corrective action and the 90-day contractor transition period for the new contract start date of 1 December 2021. The follow-on contract's base PoP will be 1 December 2021 through 30 November 2022.

12. CONTRACTING OFFICER'S 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.

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LYMAN.SHANDA Digitallysignedby

L YMAN.SHANDA.L.

.L. Date: 2021.05.27 09:13:41 -05'00'

SHANDA L. LYMAN

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.

BOONE WARREN

Digitallysignedby

• • BOONE.WARREN.KEITH.

KEITH . 2021.05.21 13:51:11-04•00·

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 6.302-2 applies to this justification for other than full and open competition.

LINDSCQ.KERI.A Digitally signed by

LINDSCO.KERI.ANN.

NN . Date: 2021.05.27 13:38:23-05'00'

KERI A. LINDSCO

Competition Advocate

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