J A_N62649-14-D-0005.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

YOKOHAMA

N62649-14-D-0005

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

Surface Deployment and Distribution Command (SDDC) requires continued support for Stevedoring and related terminal services within Keihin Port area, Yokosuka Port areas and Nagoya Port; longshoring and associated services only from/to U.S. Government facilities with Kanagawa Prefecture. Continued support must be accomplished through a sole-source, six (6) month extension to meet mission requirements while on-going competition for the follow-on acquisition is complete. If the current contract N62649-14-D-0005 with Keihin Koun Co., expires, it will cause mission failure.

The current indefinite Delivery Indefinite Quantity (IDIQ) contract included a base period and two (2) one year option periods. The Period of Performance (POP) on the contract (to include all option periods) was from 01 October 2013 through 30 September 2016. In accordance with FAR 52.217-8, Option to Extend Services, a six (6) month extension will be exercised with a PoP of 01 October 2016 through 31 March 2017 to ensure no disruption of service to the customer. The total estimated value for this period is Approval for this extension is sought because the original price evaluation did not include an evaluation of the rates for the six month option period.

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

The contract will provide SDDC 599th Transportation Brigade (599th Trans Bde)/836th

Transportation Battalion services required to maintain and sustain current and future operations.

S&RTS are required for the receipt, disposition, processing, and loading/discharging of vessels at Port Service Authority (PSA) terminals in Kanagawa Prefecture in support of national and strategic military interests of the United States of America.

Yokohama S&RTS provides handling of Department of Defense (DoD) sponsored cargo for SDDC’s, 599th Trans Bde/836th Transportation Company, to include vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/stripping of cargo, intra-terminal transfer of cargo and onward movement of cargo management expertise at Yokohama.

599th Trans Bde/836th Transportation Battalion has vessels scheduled during this six (6) month period which require S&RTS. The contractor is already in place and this extension allows SDDC continuous mission operations in Yokohama.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1), Only One Responsible Source. Services are deemed to be available only from the original source for the continued provision of highly specialized services when award to any other source will result in unacceptable delays in fulfilling the agency’s requirements.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

The solicitation was issued on 21 August 2013. NAVSUP FLC Yokosuka (Code 200) awarded the current contract in October 2013 with a base period and two (2) one-year option periods.

S&RTS contracts were transferred from NAVSUP FLC Yokosuka (Code 200) to USTRANSCOM Acquisition (AQ), 31 July 2014.

Exercising the six (6) month extension to the current contract is the most prudent course of action for USTRANSCOM AQ and SDDC 599th Trans Bde/836th Transportation Battalion to provide the most effective requirement documents to industry for the re-procurement of the service.

Keihin Koun Co. is the sole contractor knowledgeable in the current movement of DoD cargo through Yokohama for the 599th Trans Bde/836th Transportation Battalion. Keihin Koun Co. has provided these services successfully over the life of the contract, and has the required personnel and equipment already in place at the ports. Transition to a new contractor would take a minimum of one to two months. Since the existing contract period of performance expires 30 Sep 2016, there is no time for any other company to provide the required personnel and equipment without a break in service to the customer. Failure to extend the current contract for six (6) months would result in mission failure. Current and ongoing missions are a necessity and must not have an interruption in service. An unacceptable delay or interruption of service jeopardizes support and secure deployment of military personnel and cargo during missions and any unforeseen emergency.

The proposed extension provides the required experience to ensure mission success, positions the 599th Trans Bde/836th Transportation for a safer, gradual transition to a new contract awardee, and mitigates the possibility of negative impact to the nation’s strategic combat effectiveness which the S&RTS at the Keihin Port, Yokosuka Port and Nagoya Port in the Kanagawa Prefecture.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Competitive offers were not sought for the proposed six (6) month extension of services since the acquisition process is in progress for a follow-on contract. TCAQ released the new competitive Request for Proposal (RFP) in July 2016 and the source selection process is ongoing.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

During solicitation of the current contract, only one offeror submitted a proposal, Keihin Koun Company. Keihin Koun Co. was evaluated as the lowest priced, technically acceptable offeror and awarded the contract. Price analysis determined that the evaluated price for the base period and two (2) option years was fair and reasonable based on market research , that two or more responsible offerors, competing independently, would submit priced offers in response to the solicitation, even though only one offer is received from a responsible offeror IAW FAR 15.403- 1( c )( ii). Option Year two (2) rates will apply to this six (6) month extension period. No market conditions exist that alter the determination that the price is fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

OR STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED:

The solicitation was released in July 2016 and Source Selection is on-going. TCAQ-R conducted extensive market research for the follow-on requirement. A Request for Information (RFI) HTC711-16-ZR03 was posted to Federal Business Opportunity (FBO) on 10 February 2016. TCAQ received one email inquiry from the incumbent. Therefore, the Government received only one response to the RFI. No additional market research efforts were conducted for this six (6) month extension through 31 March 2017.

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

Keihin Koun Co.

FOR OFFICIAL USE ONLY

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 Government has begun the acquisition process of procuring the required services. TCAQ-R anticipates award in November 2016. Milestones for the follow-on requirement are being established to include adequate start-up time to remove any barriers to competition.

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.

WILLIAM R. HENDERSON Date 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.

BRANDON SNYDER Date Chief, Seaport Contract Management Branch, SDDC - G3

HENDERSON.WILL

IAM.R.1105911153

Digitally signed by

HENDERSON.WILLIAM.R.1105911153

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HENDERSON.WILLIAM.R.1105911153 Date: 2016.09.27 13:25:41 -05'00'

SNYDER.BRANDON.M

ICHAEL.1242219453

Digitally signed by

SNYDER.BRANDON.MICHAEL.1242219453

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SNYDER.BRANDON.MICHAEL.1242219453 Date: 2016.09.27 13:31:19 -05'00'

CONTRACTING ACTIVITY: USTRANSCOM/TCAQ-R

PROGRAM/PROJECT: Ports of Yokohama, Stevedoring & Related Terminal Services

(S&RTS)

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

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

WILLIAM R. HENDERSON Date Branch Chief, Transportation Support Branch

Office of the Staff Judge Advocate Date

HENDERSON.WILL

IAM.R.1105911153

Digitally signed by

HENDERSON.WILLIAM.R.1105911153

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HENDERSON.WILLIAM.R.1105911153 Date: 2016.09.28 09:26:04 -05'00'

RIES.PETER.BOHMA

N.1014180296

Digitally signed by

RIES.PETER.BOHMAN.1014180296

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=RIES.PETER.BOHMAN.1014180296 Date: 2016.09.28 09:43:39 -05'00'