Bremerhaven LWS JA_Final_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

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

PORT OF BREMERHA VEN, GERMANY

HTC711-25-R-E123

CONTROL NUMBER: 25-73

I. CONTRACTING ACTIVITY

United States Transpo1tation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transpo1tation and Suppo1t Division, 508 Scott Drive, Building 1900W, Scott AFB

IL 62225-5357.

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

The United States Anny Transpo1tation Command (ARTRANS) and the

- require support for Stevedoring & Related Tenninal Services (S&RTS) at the Po1t of Bremerhaven, Gennany with Bremer Lagerhaus Gesellschaft (BLG) AutoTenninal GmbH & Co.

K. This action will result in the award of a fom-fixed priced contract with a Period of Perfo1mance (PoP) of 01 Januaiy 2026 through 31 December 2030 with an optional six-month extension for a possible end date of 30 June 2031. The estimated value of this action is

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCIES NEEDS

ARTRANS conducts surface transpo1tation operations within the Depaitment of Defense (DoD).

This requirement is for po1t operations in suppo1t of the ARTRANS at the Po1t ofBremerhaven, Gennany, with a

ARTRANS requires perfo1mance of all Perfo1mance Work Statement (PWS) tasks in a manner consistent with best commercial practices. The S&RTS PWS is liinited to Longshoring and Wai·ehouse Services &WS , with Stevedorin and Tall & Checker services contracted sepai·ately ) via full and open competition. L& WS will cover the full spectmm of managing all seapo1t te1minal operations and U.S. Militaiy cai·go (e.g., vehicles & trailers (wheeled & tracked), shipping containers, breakbulk, priority, sensitive, hazai·dous, and/or rotaiy/fixed wing aircraft). L&WS shall include, CUI

Controlled by: USTRANSCOM

Controlled by: Directorate of Acquisition CUI Category/ies: SSEL

Limited Dissemination Control: FED ONLY

POC:

tctebblb Cross-Out tctebblb Cross-Out tctebblb Cross-Out tctebblb Cross-Out tctebblb Cross-Out but are not limited to, the capability to meet/exceed U.S. Government (USG) militaiy timelines for cargo reception/disposition, meeting vessel/po1i schedules, working simultaneously in/out gating USG cargo, staging and draying cargo to/from multiple vessel(s)/deck(s), and providing warehousing as described within the PWS.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 United States Code 3204(a)(l), Only One Responsible Source.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with (IA W) Federal Acquisition Regulation (FAR) 6.302-l(a)(2), BLG is the only responsible source capable of meeting the Government's operational requirements and no other type of service will satisfy the Government's requirements.

Perfo1mance of the contract requires L&WS capabilities at the Po1i ofBremerhaven,_

The USG has received written documentation from the Po1i Authority Bremen confnming BLG is the sole source for longshoring services at the Po1i of Bremerhaven and the only te1minal operator authorized to operate and perfonn required L& WS at -1 In other words, the Free Hanseatic City of Breman precludes USTRANSCOM from obtaining the required services at the Poli of Bremerhaven from any other source other than

BLG.

1The Port Authority Bremen is fully owned by the Free Hanseatic City of Bremen, making it a state-owned entity. The Free Hanseatic City of Bremen also owns a majority stake (i.e., 50.4%) in BLG, also making BLG a state-owned entity. In other words, the sole source nature of longshoring at said tenninals is ultimately dictated by the Free Hanseatic City of Breman (i.e., the state).

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

POC:

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Based on market research findings and the foregoing, only one potential source exists for this requirement; however, as noted above, the USG has limited the scope of this requirement to cover only the services subject to the sole source environment by contracting separately for Stevedoring and Tally & Checker services.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Use of other than cost or pricing data will be required as part of the Request for Proposal (RFP), and pricing submitted will be thoroughly evaluated utilizing historical data for the same and similar services based on the USG’s expansive portfolio of contracts. The Contracting Officer has the ability to negotiate pricing submitted in response to the RFP and, if needed, the aforementioned other than cost or pricing data will assist in development of a strong USG position and objectives to obtain fair and reasonable pricing. The Contracting Officer is not aware of any potential market conditions that exist preventing a determination of fair and reasonable pricing and anticipates the prices will be determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

The Government conducted thorough market research which resulted in confirmation that BLG is the only contractor with the capabilities to fulfill the requirements. This market research included a review of the previously awarded contract, review of written documentation from Bremen’s Government and Port officials, additional independent research, and the issuance of Request for Information TRANSCOM-25-R-R011.

i. Review of Previously Awarded Contracts. The Bremerhaven L&WS requirement was previously awarded as a sole source to BLG in 2016, accompanied by an approved sole source J&A which identified BLG as the only entity capable and authorized to perform the required services. Subsequently, in 2021, the requirement was solicited via full and open competition. The Government received five offers, of which four were determined non-compliant with the RFP, and BLG was the only acceptable offeror.

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11. Review of Written Documentation from Bremen's Government and Po1t Officials. A letter, dated 8 April 2025, was provided to USTRANSCOM from Bremen's Senator for Economic Affairs of Ports and Transpo1tation which stated, "BLG Logistics Group AG & Co. KG is the only officially appointed and only company authorized, to operate■

(via its subsidiaiy BLG AutoTenninal Bremerhaven GmbH & Co. KG) ... within the Po1t ofBremerhaven. The BLG Logistics Group AG & CO. KG is the sole source for long shoring and related services in the Free Port of Bremerhaven". Another letter, dated 23 June 2025, from the Hai·bour Master of Po1t Authority Bremen specified again that, "BLG is the only approved service provider for cargo handling operations in the specified areas". RoRo services ai·e an essential component of the PWS requirements.

111. Additional Independent Reseai·ch. To verify the sole source requirement and confom the Potential Source List, the Contracting Officer and teain perfonned research to gather infonnation about the Po1t of Bremerhaven and its histo1y shaping the unique requirement pai·ameters for this acquisition. The Government validated the infonnation and sources thereof directing the sole source nature of this requirement and did not identify any contradicto1y infonnation.

1v. Review ofRFI Responses (TRANSCOM-25-R-R0I 1). Interested vendors proposed alternative solutions (i.e., use of different, limited te1minals) which do not meet ARTRANS' needs for required services which specifically necessitate-

Based on the above market reseai·ch methods, the Government concluded there is only one source that can suppo1t the requirement.

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

COMPETITION

None.

10. A LIST OF THE SOURCES7 IF ANY7 THAT EXPRESSED7 IN WRITING7 AND

INTEREST IN THE ACQUISITION

Sources which expressed interest include

11. A STATEMENT OF THE ACTIONS7 IF ANY7 THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

The USG will continue to evaluate other options to meet ARTRANS' requirements and mission in future procurements, as well to review the specific situation at this po1t and tenninals. The

USG has also taken steps to maximize competition by separating the Stevedoring and Tally & Checker components into separate contracts to be competed using full and open source selection procedures, unlike other contrncts which typically include all services in a single contract.

12. CONTRACTING OFFICER CERTIFICATION

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

TEBBE.LAURA.B.- Digitally signed by

TEBBE.LAURA.B.

LAURA B. TEBBE

Contracting Officer

Date: 2025.09.18 14:10:29 -05'00'

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

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

Branch Chief, Seapo1i Contract Management Branch, MSDDC-G3

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 6.302-1 applies to this justification for other than full and open competition.

APPROVED:

Acting Head of the Contracting Activity