JA_16-11_Redacted.pdf

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

Commercial Multimodal Transportation Program

1. CONTRACTING ACTIVITY.

The contracting agency is the United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation & Support Division, USTRANSCOM/TCAQ-R, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225.

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

This justification for unusual and compelling urgency supports the extension of the Multimodal Program's IDIQ multiple award contracts HTC711-12-D-R008, HTC711-12-D-R009, HTC711- 12-D-R010, and HTC711-13-D-R001 (hereafter Multimodal contracts). The Multimodal contracts will be extended for up to six additional months (01 February 2016- 31July2016) in accordance with Federal Acquisition Regulation (FAR) 6.302-2(a)(2).

3. DESCRIPTION OF SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS

(INCLUDING ESTIMATED VALUE).

The Multimodal Program provides international commercial transportation services to move DOD and other Government approved cargo to/from multiple zones globally. The Government has a continuing need for this transportation service as demonstrated by the re-competition and award of follow-on contracts. The program provides access to multiple contractors each providing several modes of transportation (trucking, ocean, rail, and air) that may be ordered in any number of combinations. The availability of these transportation capabilities ensures that food, supplies, and equipment are successfully transported to meet the needs of the warfighter despite the complexity of the delivery. Multimodal predominantly serves the CENTCOM AOR. If these transportation services are not performed, there is potential for mission failure. The period of performance added as a result of this justification will be incrementally extended, up to a total of six months, to accommodate resolution of the protest.

There will be no increase in the total contract value as a result of this extension. The total estimated value for the contract is $1.6B however the current total expenditures are less than

. Based on the awarded value of services from the prior six month period and the fact all four Multimodal contractors agreed to extend their current Not To Exceed (NTE) contract rates for up to 180 days, the estimated monthly value of this extension is with a six month total of . The increase of to the current total expenditures will not exceed the total contract value. Therefore, this justification merely extends the period of performance. The performance under this extension remains within the estimated value and scope of the contract.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

10 USC 2304(c)(2) as implemented by FAR 6.302-2- Unusual and Compelling Urgency.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED.

The Multimodal contracts were solicited and awarded under full and open competition. Contract period of performance was 1August2012-31July2015. A full and open source selection for the follow on contract, Multimodal 2 (MM2), was performed in a timely manner resulting in multiple contract awards with a period of performance of 1August2015-30 July 2016. On 27 July 2015, National Air Cargo filed a protest with GAO. GAO dismissed that protest on 24 Sep 2015. National Air Cargo subsequently filed a protest with the United States Court of Federal Claims (COFC) on or about 13 Oct 15. The Agency took corrective action to re-evaluate past performance and the COFC protest was dismissed. Due to the GAO and COFC protests, a stay of performance was issued for the MM 2 contracts. To prevent an interruption of services which would result in a negative mission impact, the Multimodal contracts were extended for 6 months pursuant to FAR 52.217-8, from 1August2015 - 31January2016. Corrective action was completed and the stay of performance was lifted on 20 January 2016 and the base period was revised to begin on 1 February 2016. On 27 January 2016, National Air Cargo filed another GAO protest against MM2 obliging a stay of performance. The current Multimodal contracts expire on 31 January 2016.

Orders are placed under the Multimodal contract on an almost daily basis to assure the vital flow of food, supplies and equipment to the warfighter. There are several barriers to soliciting other potential sources. The Multimodal carriers are required to be either a Voluntary Intermodal Sealift Agreement (VISA) or Civil Reserve Air Fleet (CRAF) qualified carriers. Additionally, all successful offerors utilize subcontractors in order to provide all of the transportation modes (air, land, and sea) required to successfully perform, as one single company does not have the capability to provide all of the transportation modes worldwide. Offerors must be allowed time to arrange subcontract agreements and to prepare a detailed proposal.In addition, the Government would need adequate time to evaluate the proposal to ensure they understand this very important requirement; failure of performance in support of the warfighter is not an option.

Some offerors have located personnel in CENTCOM AOR to ensure quality service. This requires completion of specialized training, medical evaluation, background investigations, identification credentials, Letters of Authorization, etc. These required tasks simply cannot be accomplished in four days (including two weekend days). Based on these considerations, an alternate solution of obtaining the services elsewhere is not practical.

The Multimodal contracts were competitively awarded, as is each order, and all of the Multimodal carriers are performing in a satisfactory manner. Therefore, an extension of the current services with the current Multimodal carriers is deemed critical and necessary due to the lack of time to pursue any other means of support for this requirement and it is in the Government's best interest.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE.

Sources were not solicited for this extension and a notice was not publicized per 5.202(a)(2). As stated above, the follow-on effort was solicited as a full and open competition and follow-on contracts have been awarded and are in place awaiting resolution of a GAO protest.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

Multimodal was competed on a full and open basis, and the NTE proposed prices were determined fair and reasonable for contract award. All Multimodal contractors have agreed to maintain the awarded NTE rates through 31 July 2016 (approximately 180 days). In addition, each order under Multimodal is competed among the four awardees which further ensures pricing to be fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS.

Market research was not conducted for this J &A.

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

COMPETITION.

None.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION.

None.

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.

No actions are necessary to remove barriers to competition for future actions. The follow on services were competitively acquired.

12. CONTRACTING OFFICER CERTIFICATION.

I certify that the data supporting this use of other than full and open competition is accurate and complete to the best of my knowledge and belie£ zq~ l<e

DATE .