2025.06.26_JA_Bridge_Kuwait_Redacted.pdf

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SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104

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

POC:

JUSTIFICATION AND APPROVAL (J&A)

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS) KUWAIT

HTC711-19-D-R014 / Modification P00015

CONTROL NUMBER: 25-51

1. CONTRACTING ACTIVITY.

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation and Support Division (TCAQ-R), 508 Scott Drive, Building 1900W, Scott AFB IL 62225-5357.

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

This action will result in a modification to extend the period of performance (PoP) of the S&RTS contract at the Ports of Kuwait by two months plus four one-month options for a total of up to six months. The total extension will cover 15 July 2025 through 14 January 2026 if all options are exercised. The current contract is set to expire on 14 July 2025 with no additional extensions of service available under the terms of the contract.

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

AGENCY’S NEEDS.

The Military Surface Deployment and Distribution Command (MSDDC) and 840th Transportation Battalion require continued S&RTS support to include Third Party Logistics (3PL) in connection with the receipt, processing, logistics and tracking, and loading/discharging of cargo via all conveyances as designated by the Contracting Officer or Contracting Officer’s Representative (COR). If a contractual action is not taken to provide support beyond the expiration of the current contract, SDDC will not be able to support transportation initiatives involving strategic seaports. The Government anticipates the spend for the additional two-month period plus four one-month option periods will be approximately

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

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The statuto1y authority pennitting the use of other than full and open competition is 41 U.S.C.

3304(a)(2), Unusual and Compelling Urgency, as implemented under Federal Acquisition Regulation (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.

A.

B. As described in this contract's previous J&A 25-22 (HTC711-19-D-R014), award of the follow-on contract (HTC711-25-D-R001) was made on 14 November 2024. A protest was subsequently filed on 9 December 2024 with the Government Accountability Office (GAO) triggering a stay of perfonnance under the Competition in Contracting Act (CICA). With the cmTent contract expiring on 14 Januaiy 2025 and perfo1mance stayed on the follow-on contract, the Government extended (via P00012-P00013) the cmTent contract from 15 Januaiy 2025 to 14 July 2025 (four months plus two one-month options) to ensure no gap in service occuned. Pursuant to J&A 25-22, this extension was "based on established protest timelines [i.e., 100 calendai· days from the date of protest filing] plus additional time to allow the new contractor to commence operations."

C. The extension to 14 July 2025 assumed the protest would progress until GAO released its decision on or about 19 March 2025; however, on 13 Januai 2025 the Government

D.

dete1mined it would under o conective action.

These options will only be exercised if necessaiy and within the authority granted by this J&A.

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SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104

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6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICAL.

A full and open competitive Request for Proposal (RFP) is on-going for the follow-on contract.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The current contract (HTC711-19-D-R014) was awarded using full and open competition procedures under FAR Part 15 Contract by Negotiation. At time of award, CTSC’s prices were determined fair and reasonable IAW FAR 13.106-3(a)(1) and (a)(2)(vi). No other market conditions exist that alter the determination that the prices are fair and reasonable. On 28 May 2025, CTSC confirmed its concurrence with the use of the current rates. Therefore, no updates will be made to the contract’s firm fixed prices as a result of this extension.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED.

Due to the unusual and compelling urgency, no additional market research efforts were conducted for this action.

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.

None.

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.

A full and open, competitive RFP is on-going for the follow-on contract.

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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KELSY BURRIS

Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION.

I ce1tify that the data suppo1ting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Functional Services Manager

14. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING

THE CIRCUMSTANCE THAT APPLIES TO THE ACTION.

Based on the above cited justification, I hereby detennine the circumstance in FAR 6.302-2 applies to this justification for other than full and open competition.

Competition Advocate

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