ATGHS_Bridge_JA_Final_93018.pdf

FPO AE 09834-0001

Source Selection Information – See FAR 2.101 and 3.104 1 | P a g e

NAVAL SUPPLY SYSTEMS COMMAND

FLEET LOGISTICS CENTER BAHRAIN

Contracting Department Code 200

PSC 851 BOX 430

30 September 2018 J&A No. 18-J&A-008

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity This Justification and Approval (J&A) is to request authority for Other Than Full and Open Competition in the requirement generated for Combined Task Force-53, U.S. Navy Air Logistics Division, and Air Mobility Command (AMC), U.S. Air Force Transportation Division. The contracting authority for this requirement is NAVSUP Fleet Logistics Center (FLC) Bahrain.

2. Description of the Action Being Approved Due to the circumstances described herein, this activity requests authority to acquire Air Terminal Ground Handling Services (ATGHS) as listed in this document using Other than Full and Open Competition, as prescribed by FAR 6.302-l(a)(1) - Only One Responsible Source and No Other Supply or Service Will Satisfy Agency Requirements. This action will result in the award of a bridge contract, which will be a firm-fixed price, one-time buy. This requirement will be sole-sourced to:

Bahrain Airport Services B S C (C) Cage Code: SUJ90 Ebrahim Al Hamagi Block 224 Road 2403 Muharraq, Bahrain

3. Description of Supplies/Services This requirement is to provide Air Terminal and Ground Handling Services (ATGHS) for servicing of up to one (1) wide-body aircraft and two (2) narrow-body aircraft simultaneously, to facilitate on-time aircraft departure in support of the Defense Transportation System, for all United States (U.S.) Government owned or operated aircraft, U.S.-sponsored foreign government and civilian aircraft, coalition forces aircraft, and commercial aircraft. The services provided include: aircraft loading and unloading, explosive handling, aircraft fleet services, aircraft services, passenger and baggage services and equipment maintenance. ATGHS will be provided 24 hours a day / 7 days a week at Bahrain International Airport, Muharraq, Kingdom of Bahrain. This contract action will have an estimated total value of $3,600,000.

4. Statutory Authority Permitting Other Than Full and Open Competition The proposed procurement is to be made pursuant to statutory authority under 10 U.S.C. 2304(c)(1) - Only One Responsible Source and No Other Supply or Service Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority The Government proposes to acquire a firm-fixed price sole-source bridge contract with the incumbent contractor for a base Period of Performance of 01 October 2018 through 31 March 2019. The Bridge contract will also include two (2) options of three (3) months each, for a total of twelve (12) months. The Period of Performance for the current contract ends on 30 September 2018. A follow-on contract for ATGHS was solicited in May 2018 under full and open competition, with an anticipated award date before August 2018. However, as explained in paragraph 6 below, information recently obtained by the Government revealed that interested vendors would be unable to obtain the required licenses and certificates to perform the services at the Bahrain International Airport at the time the Period of Performance commences for the follow-on contract (01 October 2018). Notably, up to three months may be required for a contractor to obtain the licenses and certificates.

Failure of a contractor to possess the required licenses and certificates would jeopardize contract performance and result in a catastrophic impact on the transportation of personnel, materials, and equipment within the Central Command Area of

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Responsibility. Consequently, the recent solicitation for ATGHS was cancelled, with plans to resolicit the requirement and provide the successful contractor a transition period with a reasonable period of time to obtain the licenses and certificates. In the interim, a bridge contract is required with the incumbent contractor - who is currently capable of performing ATGHS and who already possesses the required licenses and certificates. This approach is essential to minimize risk for contractors to obtain licenses and certifications, maximize competition for the follow-on contract, and to avoid a lapse in critical services for air terminal and ground handling operations at the Bahrain International Airport.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable This requirement will not be synopsized on Federal Business Opportunities (FedBizOpps) or to GPE as required by FAR

5.201. The Contracting Officer concluded that it is not in the best interest of the Government to issue a Request for Information or a Sources Sought synopsis for this action since the Government previously issued a competitive solicitation for this requirement and intends to re-issue the solicitation in the near future with changes that will afford greater opportunities for competition. In accordance with the DFARS PGI 206.302-1 the Head of the Contracting Activity (HCA) or designee has waived the requirement of posting a Request for Information or Sources Sought synopsis for this J&A.

The Contracting Officer solicited full and open competition under the previous Request for Proposals (issued in May 2018) to maximize competition. The performance work statement for the follow-on contract required the successful contractor to have in their possession all necessary licenses and certificates required for them to operate at the Bahrain International Airport.

Several vendors submitted proposals in response to the solicitation. However, after the solicitation was issued, subsequent research revealed that contractors who did not already have the required licenses and certificates would be unable to obtain them in time to perform on the contract. Based on information received from the Bahrain Ministry of Transportation and Telecommunications (MTT), vendors would need to submit an application through MTT, which would then be routed to the Civil Aviation Authority. According to the MTT, a feasibility study would also be required by the vendor, which would then be reviewed and analyzed by the Civil Aviation Authority. No time frame was provided by MTT for the review and analysis required by the Civil Aviation Authority. However, if approval was granted by the Civil Aviation Authority, the MTT could take up to thirty additional days for review and approval of all required documents.

Accordingly, the Contracting Officer anticipates that the time required to apply for and receive the licenses and certificates could take up to three months. The release of a new solicitation for ATGHS prior to the end of the calendar year will provide clear, concise, and accurate information to minimize potential risk and protest. Awarding a new contract with an adequate transition period will permit the Government to obtain increased competition and provide the successful offeror sufficient time to obtain the required licenses and certifications.

For the proposed bridge contract, the identified source is the incumbent, Bahrain Airport Services. As noted above, Bahrain Airport Services currently has the required licenses and certificates to perform ATGHS at the Bahrain International Airport.

Other sources were considered for the proposed bridge contract, including the incumbent contractor, sources that expressed an interest under the Sources Sought Notice, and other offerors who provided a proposal in response to the solicitation.

However, those other sources either declined to submit a proposal in response to the solicitation or did not have the required licenses and certificates to perform at the Bahrain International Airport. For example, DHL International is a known vendor who may have the required licenses to perform at the Bahrain International Airport, but it responded to the Sources Sought Notice stating that it was not interested in the business opportunity at this time. DHL International also declined to submit a proposal. In addition, the proposals sent by other sources (e.g., Avia Design Corporation and VS Aviation) demonstrated that they did not have the required licenses and certificates, but they proposed using the incumbent contractor as their subcontractor. Another source, Louis Berger Airport Services, Inc., also provided a proposal in response to the solicitation.

However, Louis Berger Airport Services, Inc., did not have the required licenses and certificates.

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7. Determination of Fair and Reasonable Cost The cost for the bridge contract is expected to be consistent with the pricing of the prior contract and current Independent Government Estimate, which was based on competition. Therefore, the pricing for the bridge contract is expected to be in line with the final option year of the current contract, N49400-l4-C-0001. The Contracting Officer expects the anticipated cost to the Government of the supplies/services covered by this J&A to be fair and reasonable, based on historical comparison per FAR 15.404-l(b)(2)(ii).

8. Actions to Remove Barriers to Future Competition As explained above, the Contracting Officer will ensure that the follow-on solicitation and contract will have a transition period of sufficient duration to enable the successful offeror to obtain the required licenses and certificates to operate at the Bahrain International Airport. This approach will enable contractors to reasonably obtain licenses and certifications, maximize competition for the follow-on contract, and minimize the risk for contractor default.

Source Selection Information – See FAR 2.101 and 3.104 4 | P a g e

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical/ Requirements Cognizance:

___________________ Shikina Tellis 318.439.4635 30 September 2018 Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

___________________ Andre Ahuna 318.439.3451 30 September 2018

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

___________________ Rodneyta Thomas-Clayborne 318.439.4880 30 September 2018

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW & APPROVAL

To the extent that the J&A/LSJ value is between $700K and $13.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

___________________ Rays Jacob 318.439.9910 30 September 2018