20180223_JA_Sole_Source_Kuwait_6_Mo_FINAL(Black)revised.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS), KUWAIT

HTC71117DR021

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 the award of a six-month extension of the sole source, Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with Cargo Transport Systems Company (Cargo) for Stevedoring & Related Terminal Services (S&RTS) in Kuwait. Period of Performance at contract award was 09 June 2017 through 08 March 2019, including option periods. Period of Performance for this extension will be from 09 March 2019 through 08 September 2019.

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY’SNEEDS

This contract will provide the 595th Transportation Brigade (595th Trans BDE) S&RTS needed to maintain and sustain current and future operations while the follow-on, long-term acquisition is completed. S&RTS includes vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo, inland transportation of cargo, customs clearance, yard management and management expertise. S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through Kuwait in support of national and strategic military interests of the United States of America. Avoidance of any break in service is necessary and continuous operations are expected through September. The estimated value for this action is $ total.

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, as implemented under FAR 6.302-1.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

A sole source contract, HTC711-17-D-R021, was awarded to Cargo Transport System Company

19-14

(Cargo) beginning 09 June 2017. Ongoing missions were set to begin on 12 June 2017 and would remain continuous.

The Request for Proposals (RFP), HTC711-18-R-R003, for the follow-on acquisition was issued on 31 May 2018. Prior to the solicitation closing date, GAO protest B-416545.1 was received on 03 July 2018. This office took corrective action which led to a dismissal of the protest. Resulting from the corrective action, the requirement was revised and solicitation reopened on 13 December 2018. Prior to the closing date of 10 January 2019, GAO protest B-416545.2 was received on 09 January 2019. As a pre-award protest, a CICA stay of award was in place. In contemplation of that CICA stay, actions were taken to extend services under the current contract, which ended 08 March 2019, in order to support the scheduled mentioned in para. 3. The latest protest was withdrawn on 21 February 2019. While no longer under a CICA stay, a six month extension is necessary to complete source selection of the follow-on contract, which is expected to continue for at least two months, and ensures successful offeror has adequate time to clear personnel for access at the ports, which takes at least thirty days from time of award. Additionally, a six month extension provides continuity of service for planned and unplanned cargo movement in a critical theater while those actions are completed.

Cargo Transport Systems Company is the sole qualified contractor known to be available and capable of performing required S&RTS in support of DoD cargo transiting through the Ports of Shuaiba, Shuwaikh and Kuwait Naval Base, Kuwait. Any other contractor typically performing this requirement would require at least thirty days to receive the appropriate security clearances for these locations. A similar period of time is generally necessary to stage contractor-supplied equipment at the ports. Support for current and ongoing missions is a necessity and there must not be an interruption in service. Failure to execute this modification would result in the Government being seriously injured as cargo would not be able to be processed; resulting in mission failure. An unacceptable delay or interruption of services jeopardizes support and secure deployment of military personnel and cargo during missions and any unforeseen emergency.

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 extension. A full and open, competitive RFP, HTC711-18-R-R003, for a long-term contract was solicited via FBO on 31 May 2018 and closed 10 January 2019.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

At time of award, Cargo’s prices were determined as fair and reasonable based upon comparison against the Independent Government Cost Estimate and historical pricing IAW FAR 15.404-1(b)(2). No other market conditions exist that alter the determination that the price is fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

Prior to award, market research was conducted and companies were found capable of performing this type of service. In addition, efforts are underway to complete the source selection for the follow-on acquisition. TCAQ-R released a Request for Information (RFI), TRANSCOM18R004, on 11 January 2018 prior to the release of RFP HTC711-18-R-R003. No additional market research efforts were conducted specifically for this action.

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

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

The primary barrier to competition is that performance at two of the ports are controlled by the Kuwait Port Authority (KPA) and subject to their approval. Further competition efforts will include ensuring offerors have authorization to perform through the KPA in order to be considered for award. Full and open RFP HTC711-18-R-R003 was released on 31 May 2018 and included requirements pursuant to this barrier.

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.

THOMAS M. FEE III

Contracting Officer

FEE.THOMAS.

M.

Digitally signed by

FEE.THOMAS.M.

Date: 2019.02.22 07:19:33 -06'00'

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.

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, Kuwait

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

ESTIMATED CONTRACT COST: $

TYPE OF J&A: Individual

APPROVED:

KERI M. LINDSCO

Competition Advocate

LINDSCO.KERI.A

NN.

Digitally signed by

LINDSCO.KERI.ANN.

Date: 2019.02.22 11:10:56 -06'00'