22-20 JA MOTSU Extension.pdf

CUI

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

POC:

SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL (J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

Military Ocean Terminal Sunny Point (MOTSU) Stevedoring and Related Terminal Services (S&RTS)

HTC711-16-D-R014

CONTROL NUMBER: 22-20

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 THE ACTION BEING APPROVED

This action will result in a modification to extend the period of performance of the firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract, HTC711-16-D-R014, supporting S&RTS at MOTSU. The total period of performance for this extension will be 1 March 2022 through 28 February 2023 and will consist of a six-month performance period with up to an additional six-month optional extension period. A price proposal was requested from the incumbent contractor, Portus Services LLC (Portus), on 6 January 2022 and received on 26 January 2022 in the amount of $8,079,570.94. Awarding to Portus at the proposed price will result in raising the contract amount from $12,924,959.05 to $21,004,529.99.

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

NEEDS

The 596th Transportation Brigade requires continued support to provide S&RTS-managed cargo through the Defense Transportation System (DTS) at MOTSU. S&RTS at MOTSU consists of receipt, processing, and/or loading /discharging of ammunition and explosives. and other DTS sponsored cargo. It covers the full spectrum of handling services from cargo reception to disposition, including cargo documentation, stuffing and unstuffing containers, explosive sampling, cargo transfers, in-transit storage, and processing cargo for simultaneous shipments via multiple surface modes of transportation. S&RTS are required to move and track Department of Defense (DoD)-sponsored cargo through MOTSU in support of national and strategic military interests of the United States of America throughout the world.

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4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority permitting the use of other than full and open competition is 10 U.S.C.

2304(c)(1), as implemented under FAR 6.302-1, 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 to be available only from the original source in the case of follow-on contracts when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. Any approach to fulfilling this requirement other than extending the period of performance of the current contract would result in serious degradation to the mission of the 596th Transportation Brigade and national security of the United States.

A firm-fixed price IDIQ contract, HTC711-16-D-R014, was awarded on 1 June 2016 to Portus Services LLC. The contract is currently in a six-month extension, which expires 28 February 2022. The follow-on MOTSU S&RTS solicitation, HTC711-22-R-R006, has an anticipated release date of March 2022. Prior to this recompete, solicitation HTC711-21-R-R006 was issued on 1 April 2021. However, this solicitation was cancelled on 26 October 2021 after receipt of proposals; The requiring activity, the Military Surface Deployment and Distribution Command (MSDDC), initiated a substantial change in the new requirement, resulting in the need to extend the current contract.

This J&A supports up to an additional twelve months of performance under contract HTC711- 16-D-R014 to allow adequate time for the solicitation and award of a new contract, as well as the necessary start-up time for the successful offeror to begin performance.

The incumbent, Portus, has the equipment and labor in place, and the Government needs the S&RTS services immediately and on a continuing basis. No other approaches are available to maintain services without interruption. Government personnel are not available in sufficient number, nor do they possess the specific capability to perform the S&RTS required under the MOTSU contract without jeopardizing other aspects of the S&RTS mission. Such an extension also facilitates the incoming contactor time to coordinate a transition with the outgoing contractor (if applicable). It will also allow time for the incoming contractor to coordinate its labor needs and stage its gear and equipment to ensure seamless operations to prevent a break in service until the transition is complete.

Failure to extend the performance period would degrade the 596th Transportation Brigade’s ability to provide support for global military unit deployments and exercise execution. The services provided are in support of the enduring mission to ensure the warfighters’ continued readiness in the United States as well as overseas operations. An unacceptable delay or interruption of services jeopardizes support and the secure deployment of military personnel and tchannn0 Cross-Out cargo during missions and unforeseen emergencies. This extension provides the required services and support to ensure mission success and mitigates the possibility of negative impact on the transportation of mission-critical cargo.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

As noted above, a solicitation for the recompete effort is anticipated to be released in March 2022. Request for Information (RFI) TRANSCOM-22-R003 was issued on 13 December 2021 to gauge interest in the long-term follow-on requirement and to ensure offers are solicited from as many potential sources as possible.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer has determined Portus’ price proposal for the twelve-month extension of services fair and reasonable using the methods outlined in FAR 15.404-1(b)(2). No other market conditions exist that would alter the determination that prices on this contract are determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS

Market research was recently conducted for the initial re-compete effort under solicitation HTC711-21-R-R006. Three potential offerors responded to RFI TRANSCOM-21-R008 published to SAM.gov; however, only one offeror submitted a proposal in response. Initial discussions with the respondent indicated a lack of clarity in the requirement; therefore, the contracting officer asked SDDC to re-examine the requirement, leading to significant changes and ultimate cancellation of the initial solicitation. After cancellation of HTC711-21-R-R006, the Government issued RFI TRANSCOM-22-R003 in preparation for the follow-on 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

As noted above, RFI TRANSCOM-22-R003 was issued for the follow-on MOTSU S&RTS solicitation. Two respondents expressed interest. It is anticipated that all respondents will be provided the opportunity to submit proposals in a full and open competitive environment.

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

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The follow-on S&RTS solicitation will be posted to Sam.gov. Additionally, the Government hosted a virtual fudustiy Day on 15 Febma1y 2022, which included an open infonnational session, as well as one-on-one meetings with potential vendors to gain insight from industiy.

12. CONTRACTING OFFICER CERTIFICATION

I ce1iify that the data suppo1iing the recommended use of other than full and open competition is accmate and complete to the best of my knowledge and belief.

CALEB J. HIGGERSON

Conti·acting Officer

15. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

I ce1iify that the data suppo1iing the recommended use of other than full and open competition is accmate and complete to the best of my knowledge and belief.

Branch Chief, Seapo1i Conti-act Management Branch, SDDC-G3

17. 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 applies to this justification for other than full and open competition.

Digitally signed by

H E M KEN.AD AM-N,AOAM.Q . . Q- Oate:2022.02.2215:05:SO ·06'00'

ADAM Q. HEMKEN

Competition Advocate

CUI

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