JA_16-56_Boxes_Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

PORT OF NORDENHAM, GERMANY

STEVEDORING & RELATED TERMINAL SERVICES

HTC711-14-D-RC10

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 & Related Terminal Services (S&RTS) at the Port of Nordenham, Germany. A modification to add two additional option years to the current contract (HTC711-14-D-RC10) will meet mission requirements. If the current contract with Rhenus Midgard GmbH & Co. KG (Rhenus Midgard), expires, it will cause mission failure.

The current Indefinite Delivery Indefinite Quantity contract expires 31 August 2016. The current contract included a base period and two option years. In accordance with FAR 52.212-4(c), Changes, a modification will be executed immediately with a Period of Performance of 1 September 2016 through 31 August 2017 and an additional option period of 1 September 2017 through 31 August 2018 to ensure no disruption of service to the customer. The total estimated value for this action is Executing a modification to add two additional option periods will save the Government the administrative costs of awarding a new sole source contract. In accordance with FAR 17.204(e), this modification to add two additional one-year option periods does not exceed the five (5) year limitation of service contracts containing basic and option periods.

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

This modification will provide the SDDC 598th Transportation Brigade (598TH Trans Bde) the services needed to maintain and sustain current and future operations. S&RTS are required for the movement of military cargo through the Port of Nordenham, Germany 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 Nordenham.

The Port of Nordenham provides handling of Department of Defense (DoD) sponsored export and import cargo and personal property for SDDC 598th Trans Bde. Without these services, the execution of these missions could not be accomplished. Having stevedoring services capabilities at the Port of Nordenham, Germany is critical to the 598th Trans Bde and will result in mission failure for multiple significant, high-profile operations if not in place. Specifically, the contract will be modified to add additional option periods through 31 August 2018. The contractor is the sole owner of this port, is already in place and will allow the 598th Trans Bde to proceed with

S&RTS.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 USC 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, it is determined that Rhenus Midgard is the only source capable of meeting the operational requirements. The Port of Nordenham is a privately-owned port in Germany which is owned and operated by Rhenus Midgard. The Port of Nordenham is the only authorized port in Germany whereupon vessels carrying ammunition up to three million pounds of total Net Explosive Weight (NEW) may be handled. Currently, this port serves as the European Command's (EUCOM) sole ammunition port in Northern Europe. In spite of extensive efforts by SDDC and other agencies to secure the services of a cargo handling facility with less exposure of the environment to the hazards of explosive handling, no such facility has become available on a regular basis. It is therefore critical, that the Port of Nordenham remains available to SDDC for the handling of ammunition and explosives in support of the US and NATO forces in Europe.

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 modification to add services as the Port of Nordenham is privately-owned by Rhenus Midgard. USTRANSCOM Acquisition expects to execute a modification to add two additional one-year options and continue market research for a new Request for Proposal (RFP) in April 2018 and anticipates award of a follow-on contract by August 2018.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Price analysis of the current contract determined that the evaluated price for the base period and two (2) option years was fair and reasonable based on historical contract rates IAW FAR 15.403- 1(c)(1). This modification shall be evaluated for fair and reasonableness based on historical pricing (see FAR 15.404-1(b)(2)(ii)). 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

Research demonstrated Rhenus Midgard continues to privately own the Port of Nordenham. As a result, no additional market research efforts were conducted specifically.

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, AN

INTEREST IN THE ACQUISITION

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

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 H. FUGATE 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

Functional Manager, SDDC, G3

SNYDER.BRANDO

N.MICHAEL.124221

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: 2016.08.18 14:05:54 -05'00'

FUGATE.WILLIA

M.H.1385432743

Digitally signed by

FUGATE.WILLIAM.H.1385432743

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=FUGATE.WILLIAM.H.1385432743 Date: 2016.08.17 14:53:10 -05'00'

CONTRACTING ACTIVITY: USTRANSCOM/TCAQ-R

PROGRAM/PROJECT: Port of Nordenham, Germany Stevedoring & Related Terminal Services (S&RTS)

AUTHORITY: 10 USC 2304(c)(1)

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

WILLIAM H. FUGATE Date Contracting Officer Chief, NORTHCOM/EUCOM Stevedoring & Related Terminal Services Branch

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

Office of the Staff Judge Advocate Date

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

MICHELLE M. MENDEZ Date Competition Advocate

FUGATE.WILLIA

M.H.1385432743

Digitally signed by

FUGATE.WILLIAM.H.1385432743

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=FUGATE.WILLIAM.H.1385432743 Date: 2016.08.17 14:52:54 -05'00'

BURTON.CHARLE

S.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: 2016.08.17 15:20:32 -05'00'

RIES.PETER.BOH

MAN.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: 2016.08.18 11:42:44 -05'00'

BEYER.JEFFER

Y.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: 2016.08.18 15:46:16 -05'00'

MENDEZ.MICHEL

LE.M.1171452542

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: 2016.08.18 16:03:11 -05'00'