JA_15-43_Talamone_JA_redacted_Redacted_FINAL.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

PORT OFT ALAMO NE, ITALY

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

W912CM-12-D-8012

1. CONTRACTING ACTIVITY

United States Transportation Command (USTRANSCOM), Directorate of Acquisition, Specialized Transportation and Support Division, 508 Scott Drive, Building l 900W, Scott AFB

IL 62225-5357.

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

This justification for other than full and open competition (J&A) supports the modification to contract W912CM-12-D-8012 to allow an additional period of performance of six (6) months.

This J&A supports the extension modification in accordance with FAR 52.217-8, Option to Extend Services. Although this clause was included in the contract, the pricing for the extension period was not evaluated at the time of award. The Surface Deployment and Distribution Command (SDDC) requires continued support for Stevedoring & Related Terminal Services (S&RTS) at the Port of Talamone, Italy. This extension will meet mission requirements while the follow-on acquisition is completed. The current Period of Performance (PoP) on the contract ends 31 May 2015. A modification shall be accomplished extending the current contract to ensure no disruption in services to the customer. The Period of Performance (PoP) for this extension shall be from 1 Jun 2015 through 30 Nov 2015. The estimated value for this action is

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

The extension of the contract will provide the 8391 h Transportation Battalion the services needed to maintain and sustain current and future operations. Stevedoring and Related Terminal Services (S&RTS) is required for the movement of military cargo through the Port of Talamone, Italy in support of the national strategic interests of the United States of America. The contractor shall provide all S&RTS in connection with the receipt, disposition, processing and loading/discharging of vessels to include all labor, equipment, tools, documents, materials and miscellaneous supplies and services at the Port of Talamone.

Talamone Bay is the only trans-shipment site approved by the Host Nation for unlimited net explosive weight (NEW) missions. Failure to keep this contract in force will jeopardize the readiness of US Army and Air Force units in the AOR, as well as several supported Allied Nations. Talamone Missions are unique in that the ammunition containers are trans-loaded between vessels while anchored out in the bay. This allows for large NEW limits to be moved without endangering civilian populations.

The 8391 h Transportation Battalion anticipates at least two Talamone Bay missions during the next six months, approximately July and September. These are recurring missions, and will last for an extended period of time.

Specifically, the contract will be extended six (6) months until 30 Nov 2015. The contractor is already in place and will allow the 5981 h Transportation Battalion to proceed with the loading/discharging of military cargo.

Having the capability in Talamone is critical to the 8391 h Transportation Battalion' s ability to respond to short-notice requirements. Operations at the Port of Talamone provide flexibility and readiness to avoid a single point of failure, should a similar port be unavailable.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(l) as implemented by FAR 6.302-l(a)(2)(iii)(B)-- Only one responsible source and no other supplies or services will satisfy agency requirements. 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

Based on the following reasons, it is determined that only one source, Fanciulli Egisto, Franco & C. SAS is capable of meeting the operational requirements with the highest degree of confidence and minimizing unanticipated disruptions.

Fanciulli Egisto, Franco & C. SAS provides S&RTS for the Port of Talamone, Italy. Fanciulli Egisto, Franco & C. SAS S&RTS contractor is the sole contractor knowledgeable in the current movement of DoD military cargo through the Port of Talamone, Italy. The Contractor has held the S&RTS Contract for ammunition trans-shipment in Talamone Bay with the US Government for over 20 years. He also holds the contract for ammunition trans-loading with the Italian Army and Carabinieri (Federal Police). He is the subject matter expert on the area, and on this type of operation. His safety record and work history with the 8391 h Transportation Battalion has been excellent.

Due to the remote location of Talamone Bay, and the small number and unique nature of missions conducted each year, contractors from other areas have little interest in acquisitions in this area. The current Talamone Contract holder, M. Fanciulli, has significant influence over the small port and pier, as well as owning the vessels that service the ships utilizing the anchorage.

He is nearly always appointed as the "vessel agent" for all ships anchoring in the bay. If another contractor were to win a contract for this area, they would likely have to sub-contract with Mr.

Fanciulli to accomplish the actual work. Also, any subcontracting would add cost to the government for this effort.

Failure to extend the current contract for six (6) months would result in cargo movement delays, increased costs, or mission failure. Current and ongoing missions are a necessity and must not have an interruption in services. Fanciulli Egisto, Franco & C. SAS, has been performing the current effort and is experienced in the safety intricacies of the ammunition trans-loading missions. A break in service would prevent the shipment of military cargo severely limiting the ability to effectively utilize this seaport. Alternate ports or terms of service can mitigate this to some degree, but political or operational constraints associated with those alternatives limit their effectiveness.

The extension provides the best opportunity for mission success, allows the 5981 h Transportation

Battalion adequate transition to a new contract awardee, and mitigates the possibility of negative impact to the nation ' s strategic combat effectiveness which the Port of Talamone supports.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Fanciulli Egisto, Franco & C. SAS is the incumbent contractor for this extension and is uniquely qualified to perform the required work. Competitive offers were not sought for the proposed six

(6) month extension. TCAQ anticipates release of the new Request for Proposal (RFP) in June 2015 .

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

In accordance with FAR 52.217-8, Option to Extend Services, pricing for this extension will be within the limits and at the rates specified in the contract. The base year and option year prices to provide the S&R TS for the movement of military cargo were determined fair and reasonable at the time of award. This six (6) month extension option will be at the same unit prices used in the last option period under the existing contract. The anticipated cost of this contract action is considered fair and reasonable based on a comparison of historical prices paid for this service (FAR 15.404-l(b)(2)(ii).

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

Extensive market research was conducted in accordance with FAR Part 10 for the original acquisition and prior to the exercise of each of the option years under the contract. In accordance with FAR 52.217-8, Option to Extend Services, pricing for this extension will be within the limits and at the rates specified in the contract. The anticipated cost of this contract action is considered fair and reasonable based on a comparison of historical prices paid for this service (FAR 15.404-1 (b )(2)(ii). Thus, additional market research was not conducted.

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

COMETITION

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

The Government has begun the acquisition process for these required services. TCAQ anticipates release of the new Request for Proposal (RFP) in June 2015.

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.

Date U

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.

Date Functional Manager, SDDC, G3

CONTRACTING ACTIVITY: USTRANSCOM/TCAQ-R

PROGRAM/PROJECT: Talamone, Italy Stevedoring & Related Terminal Services (S&RTS)

AUTHORITY: FAR 6.302-l(a)(2)(iii)(B)

ESTIMATED CONTRACT COST:

REVIEW AND APPROVAL:

Contracting Officer