JA_Log 20-12_Bremerhaven_Germany-Stevedoring_Redacted.pdf

JUSTIFICATION AND APPROVAL

20-12

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

BREMERHAVEN, GERMANY - STEVEDORING

HTC711-17-D-R011

1. CONTRACTING ACTIVITY

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

IL 62225-5357.

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

This action will result in a modification to increase the Bremerhaven, Germany - Stevedoring S&RTS contract ceiling. The reason for this increase is due to higher than anticipated rate of deployment/redeployment and theater-driven mission requirements. The ceiling on the contract will be increased by an additional €600K, increasing the ceiling from €900K to €1.5M, to accommodate current and anticipated operations through the term of the contract.

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

This increase will provide the 598th Transportation Brigade (598th Trans BDE) with the Stevedoring and Related Terminal Services (S&RTS) needed to maintain and sustain current and future terminal operations. The two main services to be performed are loading/unloading and the lashing/unlashing of cargo in the vessel through Bremerhaven, Germany in support of national and strategic military interests of the United States of America. The estimated value for this action is €600K, equivalent to $672,108.00 as of 30 December 2019.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED

In accordance with FAR 6.302-1(a)(2)(iii), services may be deemed available from the original source in the case of a follow-on contract when it is likely award to any other source would result in unacceptable delays to fulfill the agency’s requirements. Any approach to fulfilling this requirement other than increasing the ceiling of the current contract would result in unacceptable delays.

A firm fixed-price IDIQ contract, HTC711-17-D-R011, was awarded to Transcar GmbH with a performance start date of 31 Jan 2017. The period of performance consists of one-year base period and four one-year options. A Request for Services Contract Approval (RSCA) package was submitted to TCAQ by SDDC/G3 on 14 November 2019 requesting an increase to the Bremerhaven, Germany-Stevedoring S&RTS contract ceiling. The services being provided are in support of the 598th Trans BDE enduring mission located in Sembach, Germany. A break in service is not acceptable.

Spend for the base year totaled , which was the estimated Contract Line Item Number (CLIN) value. In addition, Option Year 1 exceeded the CLIN value by and Option Year 2 is on pace to surpass the estimated CLIN value by . The current annual average spend is roughly . If the contract continues to spend at this rate the estimated total spend through the period of performance will be which is than the current ceiling. In addition to the unprecedented operational usage over the past several years forecasted demand will continue to drive usage upward as the 598th

Trans. BDE prepares to support military exercises under . It is anticipated this increased demand for strategic sealift capability through the port of Bremerhaven, Germany will result in contract obligations exceeding annual estimates and pose imminent risk of overall contract obligations to transcend the current established contract ceiling.

Transcar GmbH is the only qualified contractors known to be available and capable of performing required S&RTS services in support of DoD cargo transiting through Bremerhaven, Germany. The Government would require 6-12 months to perform a competitive source selection to meet this requirement. In addition to this procurement timeline, a new contractor typically requires a minimum of thirty days to receive the appropriate security clearances necessary to access these locations and stage contractor supplied equipment at the ports. This operational delay or interruption of services would significantly jeopardize the deployment and redeployment of military personnel and/or cargo in the region

. As a result, a contract ceiling increase is required to ensure that the Government is capable of continued performance at a high operational tempo and efficiency in the European theater.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Competitive offers were not sought specifically for this proposed ceiling increase. FAR 5.202(a)(12), exception applies. The Contracting Officer need not submit the notice required by FAR 5.201 when the proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. A full and open, competitive Request for Quote (RFQ), HTC711- 17-R-R006, for a long-term contract was solicited via Federal Business Opportunities (FBO) on 12 December 2016 and closed 27 December 2016.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Contract prices will not change. At time of award, Transcar GmbH’s, prices were determined fair and reasonable IAW FAR 15.404-1(b)(2). No other market conditions exist that alter the determination the prices on contract are fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULT

No additional market research efforts were conducted specifically for this action. Prior to award, market research was conducted, and two companies expressed interest in performing this type of service at Bremerhaven, Germany. Both companies submitted a proposal for this requirement however only one company submitted their proposal in a timely manner and therefore were the only proposal to be evaluated.

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

COMPETITION

None.

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

INTEREST IN THE ACQUISITION

No additional market research efforts were conducted specifically for this action.

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

By increasing the contract ceiling, we will be able to accommodate , and other unknown future operations. In addition, increasing the ceiling will enable the Government to develop the follow on requirements package and perform a competitive solicitation prior to contract expiration, while implementing a metered operational transition period avoiding mission delay or interruption.

YEARIAN.CARRI

12. CONTRACTING OFFICER CERTIFICATION

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

Digitally signed by

YEARIAN.CARRIE.E

Date: 2020.01.07 15:13:04-06’0”

CARRIE E. YEARIAN

Contracting Officer

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

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

MATTHEWS.MICHAEL.

SCOTT

MICHAEL. S. MATTHEWS

Digitally signed by

MATTHEWS.MICHAEL.SCOTT.

D_a_te_: _20_2_0_.0_1._0_8 _10_:0_0_:4_4_-0_6_'0_0_'

Chief, Seaport Contract Management Branch, SDDC-G3

CONTRACTING ACTIVITY: United States Transportation Command, USTRANSCOM/TCAQ-R, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225-5357

PROGRAM/PROJECT: S&RTS Bremerhaven, Germany - Stevedoring

AUTHORITY: 10 U.S.C. 2304(c)(1)

ESTIMATED CONTRACT COST: €600K

TYPE OF J&A: Individual