DeCA TO Extension_Final_Redacted 2.pdf

CUI

SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

GLOBAL HEAVYWEIGHT SERVICES (GHS2)

TASK ORDER NO. HTC711GHS2R02

CONTROL NUMBER: 23-74

1. CONTRACTING ACTIVITY.

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Airlift Division (TCAQ-C), 508 Scott Drive, Building 1900W, Scott AFB, IL 6225-5357.

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

The Defense Commissaiy Agency (DeCA) Perishables furn-fixed-price Task Order (TO), HTC711GHS2R01, under the GHS2 contract, requires an exception to fair opportunity to continue operations until the follow-on TO can be awarded. The Request for Task Order Proposal (RFTOP) for the follow-on TO was released on 02 Au st 2023 to all 22 GHS2 contractors. Durin source selection

Additionally, this effo1t requires a minimum of two weeks between perfonnance (PoP) strut so the contractor can properly prepare their operations.

Due to the unforeseen circumstances described above, USTRANSCOM intends to extend the original eight-month PoP (01 Febrna1y 2023 through 30 September 2023) of the cmTent TO by two months for a total TO PoP often months (01 Febrnaiy 2023 through 30 November 2023). As a result of extending the PoP, the TO estimated value will increase by approximately_, from

- to_, to accommodate continuing operations through the extended te1m of the TO.

Extendin the PoP under the cunent TO will allow TCA to dete1mine

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

AGENCY'S NEEDS.

The DeCA Perishables TO offers international shipments of diy, chilled, and frozen subsistence items from the DeCA prime vendor. Services provided include door-to-door transpo1tation, the preparation of subsistence for air transpo1t ( ove1packing), transpo1tation from the contractor's ove1pack facility to the destination consignee, conducting export documentation requirements, CUI

Controlled by: USTRANSCOM Controlled by: Directorate of Acquisition CUI Catego1y/ies: CUI Limited Dissemination Control: FED ONLY

POC:

gu tcgrifbn Cross-Out tcgrifbn Cross-Out tcgrifbn Cross-Out tcgrifbn Cross-Out tcgrifbn Cross-Out obtaining customs and agricultural clearance (sample pallets may be required to clear customs at certain destinations, e.g., Japan, Korea and Philippines), compliance with inspection requirements, compliance with Status of Forces Agreements (SOFA), so1i ing, fumigation (if required), and destmction (ifrequired). The contractor's facility must adhere to acceptable sanitation, pest management and Occupational Safety and Health Administration (OHSA) food safety practices. The contractor's over-packing facility shall be located within a 20-mile radius of SFO (San Francisco), LAX (Los Angeles), and SEA (Seattle) .

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND

SUPPORTING RATIONAL.

The statuto1y authority permitting the use of other than full and open competition is FAR 16.505(b)(2)(i)(A), stating the agency need for the supplies or service is so urgent that providing a fair oppo1iunity would result in unacceptable delays. Any approach to fulfilling this requirement other than extending the te1m of the cmTent TO would result in the dismption of essential international diy , chilled, and frozen perishable shipments, which would cause serious injmy to the warfighter overseas who require these rations. Due to the complexity of service provided under this TO, paiiicularly the over-packing po1iion, coordination between a new contractor and DeCA would require a minimum of two weeks for the new contractor to adequately prepai·e for the PoP staii date. The source selection of the follow-on TO experienced a delay, which would have led to a break in service if the incumbent contractor did not provide continuous services. It is therefore necessaiy to provide continuous se1vices from the incumbent contractor until the follow-on TO can be competitively awai·ded.

The incumbent contractor has suppo1ied DeCA Perishables requirement since December 2021.

The incumbent contractor is uniquely familiar with DeCA's operational requirements to the extent awai·ding to another contractor without sufficient prepai·ation would result in unacceptable delays in perishable shipments. If cunent effo1is do not continue as n01m al, DeCA's worldwide suppo1i to the wai·fighter will be seriously injured.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

At the time of the GHS2 contract awai·d, Hawaiian Airlines' not to exceed (NTE) rates were dete1mined fair and reasonable. At the time of TO award, Hawaiian Airlines' prices were dete1mined fair and reasonable by compai·ing them to Hawaiian Airline's awarded NTE rates under their GHS2 IDIQ contract. No other mai·ket conditions exist that alter the detennination that the existin rates are fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION.

None.

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7. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS THAT LED TO THE EXCEPTION TO FAIR

OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES

OR SERVICES IS MADE.

A competitive RFTOP is cmTently being worked for DeCA Perishables follow-on TO under

GHS2.

8. CONTRACTING OFFICER'S CERTIFICATION.

I certify 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.

HOLLE.EASTEN.R. PiT1?'.liifin1t:

Easten R. Holle Contracting Officer

Date: 2023.10.05 14:31 :12 -05'00' 10/5/2023

DATE

9. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION.

I certify 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.

r:mmrrrr Date: 2023.10.06 10:25:14 -04W

DATE

Traffic Manager

10. 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 16.505(b )(2)(i)(A) applies to this justification for other than full and open competition.

Date 2023.10.10 11 30 08 -05'00'

MICHAEL W. MUSKOPF

Competition Advocate

CUI

10/10/2023

DATE

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