2023.09.22 J&A - Other than Full and Open Comp_Redacted.pdf

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SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

JUSTIFICATION AND APPROVAL (.J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

U.S. Naval Station Guan1anamo Bay, Cuba -2 Scalift Transportation Services Justijic:atitJn C"nlrol Number 23-57

1. CONTRACTING ACTIVITY.

United States Transportation Command, Acquisition Directora te, Scalift Services Division (TCAQ-1), 508 Scott Drive, Scott AFB Illinois 62225-5357.

2. NATUREAND/ORDESCRIPTION OF ACTION BEING APPROVED.

This action is in support of a Fixed-Price, single award Indefinite Delivery Indefinite Quantity (IDIQ) Requirements contract with relevant equitable price adjustment for the allowance of fluctuations in marine fuel prices (Bunker Adjustment factor - BAF). USTRANSCOM will award a single contract under this justification to the best value small business Voluntary Interrnodal Sealift Agreement (VISA) ocean common or contract carrier whose prices arc fair and reasonable, Offerors for Sealift Transportation for Naval Station Guantanamo Bay (NSGB) provide U.S. Flag service as required by the Cargo Preference Act of l 904 (lO United States Code (U.S.C.) § 263 l), and other applicable laws and regulations. Consistent with OF ARS 24 7 .573-(b )(2) direct purchase of sea transportation services, and in sup port of USTRANSCOM's readiness mission, an offerorofU.S. Flag service that participates in the VlSA program receives priority for ocean requirements over an oITeror of U.S. Flag service that does not participak in VISA.

To support VISA, and thus maintain DoD sealiftreadiness with a viable U.S. Hag vessel(s) and U.S.

merchant mariners, full and open competition is limited to small business U.S. Flag VISA par ticipants, vessel O\.\-ning/controlling carriers.

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

NEEDS.

The purpose of this acquisition is to contract dedicated liner service for containerized and breakbulk cargo between Jacksonville, Florida (JaxPort) and NSGB. The services being procured by this contract provide the primary logistical supp011 for the U.S. Anned Forces stationed at Guantanamo Bay, Cuba, and the sole means of sea transportation between the United States and NSG B. The contract will provide brcakbulk and intcnnodal container service, including tenninal handling, stevedoring, loading, and discharging in Continental United �tates (CON US) and at NSGB. At Jacksonville, the cargo shall be loaded and discharged at JaxPort/Blount Island. A t NSGB, the cargo is loaded and discharged with carrier provided equipment at Wharf Bravo or Wharf Victor. The primary cargo being transported tu Jax Port is hazardous waste. Service is required every 14 days for delivery of cargo consisting of perishable food, personally owned vehicles (POVs), household goods, and various other DoD mission critical and life supporting cargo. The total estimated value of this procurement is

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Controlled by: USTRANSCOM Controlled by: Directorate of Acquisition CUI Cirtegory/ies: SSEL Limited Dissemination Control: FED ONLY

POC:

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SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

NSGB-2 will have a 5-year period of performance of 1 April 2024 through 31 March 2029 and a six month extension in accordance with (IA W) Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend Services, for a possible end date of30 September 2029.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

Authority for this acquisition is 10 U.S.C. § 3204(a)(3)(A), FAR 6.302-5, and FAR 6.302-3, Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services, (limiting competition to VISA participant, vessel owning and/or operating common or contract carriers.)

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED.

Limiting awards to VISA participant, vessel owning/controlling U.S. Flag carriers is necessary to support DoU sealifi readiness. This readiness posture is primarily attained through the VISA program.

(a) The VISA program is a readiness program established under the authority of the War and National Defense Production Act of 1950 (50 U.S.C. Chapter 55). It is a mechanism by which U.S. ocean carriers pledge their owned/controlled assets to meet DoD requirements in the event of a threat to the national security and maintain the national defense preparedness of the United States. An ocean carrier's commitment of owned/controlled transportation assets to the VISA program is recognized by granting to the VISA participant a priority in sea-based transportation contract and/or task order awards. In addition, on January 30, 1997, the Secretary of Defense (SECDEF) approved VISA as an alternative to the Sealift Readiness Program (SRP) for the purposes of Section 909 of the Merchant Marine Act of 1936.

Furthermore, a VISA Stage Ill commitment satisfies the requirement of Section 653 of the Maritime Security Act (PL 104-239) for an Emergency Preparedness Program approved by the SECDEF for carriers to qualify for subsidy contracts.

(b) In explaining the VISA program, Section 6, Paragraph 6.3 of Department of Defense Instruction (DoDI) 4500.57, Transportation and Traffic Management (Change 3, effective 23 September 2019) states: "The DoD relics on TSPs [Transportation Service Providers] for transport of a significant portion of its wartime and peacetime cargo. The relationship between the DoD and the commercial sector is critical to mobilization, deployment, and sustainment of military forces. VISA provides assured access to the U.S. Flag commercial ocean transportation to support emergency deployment and sustainment of U.S.

military forces. VISA carriers contractually pledge their vessels and intermodal systems capacities in return for priority for DoD peacetime business. When the DoD determines that commercial sealift capacity is required, the priorities listed in paragraphs 6.4.a. through 6.4.g. apply." These commercial priorities (as outlined in paragraph 6.4) benefit a VISA participant, defined in the VISA as a U.S. vessel operator and all U.S. subsidiaries and affiliates of that U.S. vessel operator that own, operate, charter or lease ships and intermodal equipment in the regular course of their business and in which the entity holds a controlling interest.

(c) DoD relies heavily upon VISA carriers for transportation of peacetime and contingency military cargoes. In addition, USTRANSCOM has recognized the continuing need for a fonnalized program for the acquisition of sealifl augmentation under less than full mobilization conditions. Among other mission requirements, USTRANSCOM conducts globally integrated mobility operations, in order to project and sustain the Joint Force in support of national objectives, in both times of peace and times of war. The

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SOURCE SELECTION INFORMATION - Sec FAR 2.101 and 3.104 manmade or otherwise. The Agency does not intend to take any actions to expand this contract beyond the VISA carriers, for the reasons stated above. Due to receiving at least two responsible small business concerns, which are VISA participants and are competitive in terms of market prices, quality, and delivery, no other actions to overcome competition barriers will be performed.

12. CONTRACTING OFFICER'S 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.

LYMAN.SHANDA.L. Oigitallysignedby

SHANDA L. LYMAN

Contracting Officer

LYMAN.SHANOA.L.

Date: 2023.09.13 08:18:31 -05'00'

13. TECBNICAL/REOUIREMENTS 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 ofmy knowledge and belief.

Chief, Movement Support Division

14. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING THE

CIRCUMSTANCE THAT APPLIES TO THE ACTION.

Based on the above cited justification, J hereby determine the circumstance in FAR 6.302-3 applies to this justification for other than full and open competition.

Head of the Contracting Activity

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