_single_source_justification - Redacted.pdf

FOR OFFICIAL USE ONLY

Single Source Justification (Simplified Acquisition)

FOR OFFICIAL USE ONLY November 2018 Page 1 of 2

Is this aBridge Action as defined in the AFBridge ActionReduction Plan? Yes No

Contracting Activity: 48CONS/PKB

Project/Program Name: Army Ammunition Transportation

PurchaseRequest / Local ID Number:

Estimated Contract Cost (including Options):

This requirement is for Stevedoring and Related Terminal Services (S&RTS). The contractor is required to perform vessel lash/unlash/loading/unloading/discharging, receipt and disposition of cargo. The Contractor is also required to provide physical security facilities on site for duration of the operation.

The UK Detachment will conduct the AS-69 Class V (Ammunition) operation in order to provide deliberate port and surface distribution support for reception, discharge, staging and trans-load of import and export ammunition containers at the Port of Newport, UK. The operation will consist of receiving import ammunition containers and exporting retrograde ammunition of all military bases located within the United

Kingdom area of responsibility. The port operations will involve the discharging and loading of ammunition containers at the Port of Newport and at the anchorage point to conduct the trans-loading of ammunition containers for further shipment.

Most of the UK ports industry is in the hands of the privatesector, with ownership of the Major Ports divided between at least five major groups (Atch 1). For the port of Newport, it is owned by Associated British Ports (ABP) and it isalso the recognized

Statutory Harbour Authority (asstated in itsBye-Laws) (Atch 2). According to UKRegulation 7 of the DangerousGoods in

Harbour AreasRegulations (DGHAR) 2016(Atch 3), "The harbour master has the power to direct or prohibit the movement of dangerous goods within the harbour area." Per DGHARRegulation 15, "Carrying or handling explosives in a harbour area is prohibited unlessa license is in place that permits it. A license isalso required to load or unload explosives from the coast of

Great Britain or in territorial waters. HSE[Health and SafetyExecutive] normally issues the licence..." Regulation 16 goes on to say, "An application to theappropriateauthority for an explosives licence or for any variation to an existing explosives licence is to be made by...a harbour authority...". This license was granted by HSEto ABP19June 1992(Atch 4). [This was issued according to the regulation,The DangerousSubstances in Harbour AreasRegulations 1987, which wassince superseded by the

DGHAR2016. Per telecon on 3 Apr 19, ABPconfirmed that the change in regulation had no impact on the initial licence. ABP also confirmed that it hasanother licence which covers the handling of ClassV explosives. We requested acopy of this licence.

(Atch 5)]

Additionally, ABP'sStandard Terms and Conditions (Atch 6, para 17.1)state that itscustomersshall, "...carry out risk assessments of itsactivitiesat the Port to the full extend required by Good Industry Practice and Applicable laws, and will ensure that appropriateaction is taken on the basis of those risk assessments."

Air force munitionssafety criteria is more restrictive than thesafety criteria the UK imposes on the Associated British Ports' South

WalesPort Facilities for US munitions handling. USAFE-AFAFRICA/SEW conducted an explosive safety munitions risk management of the two possible UK port operating locationsand anchorages, and selected the Port of Newport for this particular operation. Asa result, the Port of Newport is the only port adjudicated with an operational waiver exclusively assigned by HQ USAFE-AFAFRICA/A3/10 to conduct ammunition operations. Therefore, the Port of Newport is the only authorized port for USAF required stevedoringservices. (Atch 7) [Per telecon on 3 Apr 19, ABPconfirmed that everyone working at the port, including anystevedores, isan employee of ABP.] (Atch 5)

Section A: General Contract Information

SectionB: Description of theSupplies/ServicesRequired

SectionC: Justification for Soliciting from a Single Source or Brand Name

FOR OFFICIAL USE ONLY

Single Source Justification (Simplified Acquisition)

FOR OFFICIAL USE ONLY November 2018 Page 2 of 2

Memorandum subject: Operational Waiver for MunitionsOperationssigned by and endorsed by explains the US restrictions. Section 2.0 states that SDDC-UK will contract with ABPfor US munitionssafety, security, and handling at the Newport facility. (Atch 6) [This original memo is dated 2014. An inquiry was made to the POC on the letter as to itscurrent validity, and the reply on 3 Apr 19 was that it iscurrently in route for signature. They offered tosend an unsigned copy for our records.] (Atch 8) The updated memo dated 6 May 19 was received 15 Jul 19.

(Atch 8).

No other offers were solicited. ABP is the port authority for the Port of Newport. This is also the only port adjudicated with an operational waiver exclusively assigned by HQ USAFE-AFAFRICA/A3/10 to conduct ammunition operations. Therefore, the Port of Newport is the only authorized port for USAF required stevedoring services. (Atch 7)

In the operational waiver to our customer, SDDC-UK, it states that we they WILL contract with ABP for US munitions safety, security, and handling at the Newport facility as directed by in his Memorandum subject: Operational Waiver for Munitions Operations. (Atch 7)

There are no steps to foster competition. This is due to the operational waiver described above as well as the required licence which is held by ABP, specifically for the handling of explosives.

I have determined, in accordance with FAR13.106-1(b)(1), that the circumstances of this contract action deem only a singlesource is reasonably available.

Date Typed Name and Rank/Grade of Contracting Officer

Signature of Contracting Officer

Section D: Effortsto Obtain Competition

SectionE: Steps to Preclude FutureSingle Source or Brand NameAwards

Section F: Contracting Officer's Determination