JA_16-26_MOTSU_Bridge_Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

MILITARY OCEAN TERMINAL SUNNY POINT (MOTSU)

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

W81GYE-10-D-0002

1. CONTRACTING ACTIVITY.

United States Transportation Command, Directorate of Acquisition, Transportation Support Branch, 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 & Related Terminal Service (S&RTS) from Marine Terminal Corporation-East, dba MTC. The current contract expires on 30 April 2016. The current Period of Performance (PoP) on the contract is from 1 January 2016 through 30 April 2016. Initially, USTRANSCOM solicited and awarded a Firm-Fixed Price, Indefinite Delivery, Indefinite Quantity (IDIQ) contract on 15 April 2015. USTRANSOM received a Government Accountability Office (GAO) protest on 27 April 2015. Corrective actions were taken and an award was made on 24 July 2015. USTRANSOM received another GAO protest on 4 August 2015. Corrective actions were taken and an award was made on 15 October 2015. USTRANSOM received another GAO protest on 28 October 2015. Corrective actions were taken and an award was made on 15 April 2016. USTRANSOM received another Government Accountability Office (GAO) protest on 25 April 2016. Pursuant to 31 U.S.C. 3553(d) and FAR 33.104(c)(1), USTRANSCOM must immediately suspend performance of the contract.

A two (2) month bridge contract with an option to extend two (2) additional months through 31 August 16 (1 May 2016 through 31 August 2016) is needed to allow for a maximum of sixty (60) days of transition time and allow for the resolution of GAO Protest B-410698.9. A bridge contract will be executed in accordance with Federal Acquisition Regulation (FAR) 52.212-4(c), Changes. The total estimated value for this action is .

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

NEEDS.

The contract will provide the 596th Transportation Brigade the requirements needed to maintain current and future operations. The contractor shall provide S&RTS for the movement of military cargo, to include conventional break-bulk or (MOTSU only) except for limited quantities of treated as general cargo, military vehicles and equipment through the Military Ocean Terminal at Sunny Point, North Carolina in support of the national/strategic military interests of the United States of America.

Specifically, the contract will be bridged two (2) months with an option to extend two (2) additional months through 31 August 16 (1 May 2016 through 31 August 2016). The contractor is already in place and this bridge contract will allow the 596th Trans Brigade to plan Vessel Terminal Operations as follows:

Overall, the projected missions scheduled 1 May 2016 through 31 August 2016 will entail approximately loading and unloading actions (many of which are actions taken multiple times on the same container) and stuffing and loading containers for forward movement to various locations. The end result will be containers of Army cargo loaded onto vessels that are scheduled to deploy to various locations.

Operations at MOTSU are extremely labor intensive and detailed. They frequently require six different work locations and well over 100 personnel daily.

4. STATUTORY AUTHORITY 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.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED.

Based on the following reasons, only one source, Marine Terminal Corporation-East, dba MTC- E, is capable of meeting the operational requirements with the highest degree of confidence and minimal unanticipated disruptions. At MOTSU, there is a rigid timeline for the execution of operations that involves synchronized coordination and accountability of thousands of containers and contents. An interruption in service, would result in mission failure.

Marine Terminal Corporation-East, the current S&RTS contractor is knowledgeable in the specialized service required for movement of DOD cargo through Military Ocean Terminal Sunny Point, NC. The contractor has been in place since June 2005. The current contract was re-competed and awarded December 2009 until current date including several extensions and bridge contract actions. The contractor is experienced in vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo and onward movement of cargo. MTC-E has been exposed to the safety intricacies of the equipment.

Current on-going missions are a necessity and must not have an interruption in services. Failure to extend current contract would cause an interruption in service and mission failure.

Interruption of the on-going mission support has implications with higher global impact of the extension not being approved.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICAL.

Marine Terminal Corporation-East is the incumbent contractor for this bridge and is uniquely qualified to perform the required work. This bridge contract is being awarded in accordance with FAR 52.212-4 ( c), Changes. Competitive offers were not sought for the proposed two (2) month bridge contract with an option to extend two (2) additional months of services.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

The base year and option year prices to provide the S&RTS for the movement of military cargo were determined fair and reasonable at the time of award based on a comparison between each offeror’s competitively proposed prices. This is a two (2) month bridge contract with an option to extend two (2) additional months of services from a previously competed requirement which represents best value IAW FAR 15.403-1( c). Adequate price competition was received from the initial award which was also based on commercial proposals from four (4) competing offerors.

Based on comparison to the government estimate for the two (2) month bridge with an option to extend two (2) additional months and the current contract price, the proposed price is anticipated to be fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED OR THE RESULTS

OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED.

TCAQ-R conducted extensive market research on the follow-on acquisition. Request for Information (RFI) HTC711-14-ZR04 was posted to FBO 16 January 2014. No additional market research was conducted specifically for this two (2) month bridge with an option to extend two

(2) additional months.

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

COMPETITION.

None.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

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.

TCAQ-R is in the process of procuring services using full and open competition for the follow-on acquisition.

12. CONTRACTING OFFICER CERTIFICATION.

I certify that the data supporting the 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 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

Functional Manager, 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: 2016.04.27 14:25:41 -05'00'

SNYDER.BRAN

DON.MICHAEL

.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.124221945 Date: 2016.04.27 14:58:33 -05'00'

CONTRACTING ACTIVITY: United States Transportation Command, Transportation Support Branch, USTRANSCOM/TCAQ-R, 508 Scott Drive, Building 1900W, Scott AFB, IL 62225-5357

PROGRAM/PROJECT: Military Ocean Terminal Sunny Point (MOTSU) Bridge Contract

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

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

WILLIAM R. HENDERSON Date Chief, Transportation Support Branch

CHARLES M. BURTON Date Chief, Specialized Transportation and Support Division

Office of the Staff Judge Advocate Date

JEFFERY T. BEYER Date Chief, Business Support/Policy Division

MICHELLE M. MENDEZ Date Competition Advocate

HENDERSON.WILLIA

M.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: 2016.04.27 14:26:05 -05'00'

RIES.PETER.BOHM

AN.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: 2016.04.27 15:44:02 -05'00'

BURTON.CHARLES.M.JR

.1036540440

Digitally signed by BURTON.CHARLES.M.JR.1036540440 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=BURTON.CHARLES.M.JR.1036540440 Date: 2016.04.28 10:06:23 -05'00'

MENDEZ.MICHELLE.M.1

171452542

Digitally signed by MENDEZ.MICHELLE.M.1171452542 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=MENDEZ.MICHELLE.M.1171452542 Date: 2016.04.28 15:45:28 -05'00'

BEYER.JEFFERY

.T.1087086620

Digitally signed by

BEYER.JEFFERY.T.1087086620

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=BEYER.JEFFERY.T.1087086620 Date: 2016.05.02 07:04:16 -05'00'