Poti SRTS JA - FBO.pdf

FOR OFFICIAL USE ONLY

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

PORT OF POTI, GEORGIA, HTC711-18-D-R022

CONTROL NUMBER: 20-10

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 the Port of Poti, Georgia Stevedoring & Related Terminal Services (S&RTS) contract in order to add services at the nearby Port of Batumi, add a one (1) year option period, and increase the contract ceiling. As a result of an unforeseen increase in operational requirements, the ceiling on the contract will be increased by an additional $2 million and the period of performance will be extended to 09 January 2021.

Thereby increasing the ceiling from $7 million to $9 million to accommodate anticipated operations through 09 January 2021.

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

The 839th Transportation Battalion (TB) along with their 598th Transportation Brigade, requires S&RTS support terminal operations through 9 January 2021. S&RTS includes vessel loading, vessel discharging, cargo receipt and disposition, cargo staging, transfer of cargo, tallying and checking, customs clearance, yard management, and handling of Government provided securing material. S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through the Ports of Poti and Batumi, Georgia in support of national and strategic military interests of the United States.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority permitting the use of other than full and open competition is 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 NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with FAR 6.302-1(a)(2)(iii), services may be deemed as available from the original source in the case of a follow-on contract when it is likely that 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 and extending the period of performance would result in an unacceptable delay to the Government.

A firm fixed-price IDIQ contract, HTC711-18-D-R022, was awarded to Intrepid Eagle Logistics Inc. (IEL) on 10 July 2018. The contract is currently in the 6-Month Extension and set to expire on 9 January 2020. A Request for Services Contract Approval (SCR) package was submitted to TCAQ by SDDC/G3 on 3 December 2019 requesting services to be added at the Port of Batumi, an increase to the contract ceiling, and extension of the Period of Performance for continued support. The services being provided as a result of the extension and addition of the Port of Batumi are solely in support of the 598th Transportation Brigade mission to support Defender 2020 (82nd ABN) and Swift Response 2020. This action is essential for mission success for deploying and redeploying Brigade Combat Team’s (BCT) into and out of the European theater and is essential in supporting our North Atlantic Treaty Organization (NATO) partners and U. S.

national objectives. A break in service is not acceptable.

With respect to the addition of the Port of Batumi, Georgia, IEL is the only responsible source capable of providing the S&RTS services necessary to ensure mission success for Defender 2020 (82nd ABN) and Swift Response 2020. The Port of Batumi is approximately 43 miles from the Port of Poti. In response to the solicitation for the Poti requirement, USTRANSCOM received three (3) quotes from offerors interested in performing in this area. Of the quotes received IEL was the only responsible source. IAW with FAR 6.302-1(a)(2)(iii)(B) “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. Services are needed at the Port of Batumi, Georgia no later than 10 January 2020.

Due to the time constraints there is insufficient time to resolicit the requirement via full and open competition. Doing so would result in an unacceptable delay in fulfilling the agency’s requirements and impede the success of a large scale military exercise with participation from multiple military services.

Performance by any other Contractor would require transition time to prepare for performance and stage Contractor-supplied equipment at these two (2) locations in Georgia. Support for current and ongoing missions is a necessity and there cannot be an interruption in service in Georgia. Failure to increase the contract ceiling and extend the period of performance would degrade the 839th Transportation Battalion’s capability to provide support for military unit deployments and exercise execution, thus decreasing the command’s overall readiness level. An unacceptable delay or interruption of services jeopardizes support and the secure deployment of military personnel and cargo during missions and any unforeseen emergencies.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

A full and open competitive Request for Quotes (RFQ) will be made for the follow-on contract, if necessary. Notice of this action will not be posted IAW FAR Exception 5.202(a)(12) as 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.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Contract prices at the Port of Poti are not expected to change. Since the Port of Batumi, Georgia is very close in proximity and only 43 miles (approximately) 75km from Poti, Georgia it is reasonable to expect rates be similar. Rates will be negotiated, as necessary, to ensure they are fair and reasonable. At time of award, IEL’s prices were determined to be fair and reasonable IAW FAR 15.401-1(b)(2). No other market conditions exist that alter the determination that prices on this contract may be determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

Market research efforts were conducted by the 598th Transportation Brigade, which found the S&RTS services commercially available in the country of Georgia, specifically at the Ports of Poti and Batumi. Due to time constraints in getting a new contract in place before 10 January 2020, the Government has determined the current contractor has capabilities of providing continued support at Poti, Georgia as well as new support at Batumi, Georgia for the no-fail operational exercises listed above.

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, AND

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

Members of the 839th Transportation Battalion will continue market research to determine if other sources are available to perform the required services at the Ports of Poti and Batumi, Georgia for any future follow-on requirements.

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.

LINDA K. MURPHY

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.

MELISSA ROMAGNO

Seaport Contract Management Branch, SDDC-G3

CONTRACTING ACTIVITY: United States Transportation Command Transportation Support Branch

USTRANSCOM/TCAQ-R

508 Scott Drive, Building 1900W Scott AFB, IL 62225-5357

PROGRAM/PROJECT: S&RTS Port of Poti, Georgia

AUTHORITY: 10 U.S.C. 2304(c)(1) Only one responsible source

ESTIMATED CONTRACT COST: $2 Million

TYPE OF J&A: Individual

TYPE OF CONTRACT: Firm Fixed Price, IDIQ Contract

APPROVED:

ADAM HEMKEN

Competition Advocate