JA - DLA TO Extension_Redacted.pdf

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SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

GLOBAL HEAVYWEIGHT SERVICES (GHS2)

TASK ORDER NO. HTC711GHS2R01

CONTROL NUMBER: 23-73

1. CONTRACTING ACTIVITY.

United States Transpo1tation Command (USTRANSCOM), Directorate of Acquisition, Airlift Division (TCAQ-C), 508 Scott Drive, Building 1900W, Scott AFB, IL 6225-5357.

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

The Defense Logistics Agency (DLA) Perishables fnm-fixed-price Task Order (TO), HTC711GHS2R01, under the GHS2 contract requires an exception to fair oppo1tunity in order to continue operations until the follow-on TO can be awarded. The Request for Task Order Proposal (RFTOP) for the follow-on TO was released on 02 August 2023 to all 22 GHS2 contractors. During source selection unforeseen issues were identified reventin the follow-on TO from bein awarded on time.

Finally, this effo1t requires a minimum of two weeks between TO award and period of perfo1mance (PoP) strut so the contractor can properly prepare their operations.

Due to the unforeseen circumstances described above, USTRANSCOM intends to extend the original eight-month PoP (01 Febrna1y 2023 through 30 September 2023) of the cmTent TO by two months for a total TO PoP often months (01 Febrnmy 2023 through 30 November 2023). As a result of exten� PoP, the TO estimated value will increase by approximately_, from- to_, to accommodate continuing operations through the extendea,: of the TO.

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Controlled by: USTRANSCOM Controlled by: Directorate of Acquisition CUI Catego1y/ies: CUI Limited Dissemination Control: FED ONLY

POC:

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SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104 in time to allow the necessary operational preparation, and avoid a break in critical services.

3. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS.

The DLA Perishables TO offers international shipments of dry, chilled, and frozen subsistence items from the DLA prime vendor. Services provided include door-to-door transportation, the preparation of subsistence for air transport (overpacking), transportation from the contractor’s overpack facility to the destination consignee, conducting export documentation requirements, obtaining customs and agricultural clearance (sample pallets may be required to clear customs at certain destinations, e.g., Japan, Korea and Philippines), compliance with inspection requirements, compliance with Status of Forces Agreements (SOFA), sorting, fumigation (if required), and destruction (if required). The contractor’s facility must adhere to acceptable sanitation, pest management and Occupational Safety and Health Administration (OHSA) food safety practices. The contractor’s overpacking facility shall be located within a 20-mile radius of SFO (San Francisco), LAX (Los Angeles), and SEA (Seattle).

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND

SUPPORTING RATIONAL.

The statutory authority permitting the use of other than full and open competition is FAR 16.505(b)(2)(i)(A), stating the agency need for the supplies or service is so urgent that providing a fair opportunity would result in unacceptable delays. Any approach to fulfilling this requirement other than extending the term of the current TO would result in the disruption of essential international dry, chilled, and frozen perishable shipments, which would cause serious injury to the warfighter overseas who require these rations. Due to the complexity of service provided under this TO, particularly the overpacking portion, coordination between a new contractor and DLA would require a minimum of two weeks for the new contractor to adequately prepare for the PoP start date. The source selection of the follow-on TO experienced delays, which would have led to a break in service if the incumbent contractor did not provide continuous services. It is therefore necessary to provide continuous services from the incumbent contractor until the follow-on TO can be competitively awarded.

The incumbent contractor has supported DLA Perishables requirement since December 2021. The incumbent contractor is uniquely familiar with DLA’s operational requirements to the extent awarding to another contractor without sufficient preparation would result in unacceptable delays in perishable shipments. If current efforts do not continue as normal, DLA’s worldwide support to the warfighter will be seriously injured.

5. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

At the time of the GHS2 contract award, Hawaiian Airlines’ not to exceed (NTE) rates were determined fair and reasonable. At the time of TO award, Hawaiian Airlines’ prices were tcgrifbn Cross-Out tcgrifbn Cross-Out determined fair and reasonable by comparing them to Hawaiian Airlines awarded NTE rates under their GHS2 IDIQ contract. No other market conditions exist that alter the dete1mination that the existin rates are fair and reasonable.

6. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION.

None.

7. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS THAT LED TO EXCEPTION TO FAIR

OPPORTUNITY BEFORE MAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES IS MADE.

A competitive RFTOP is cmTently being worked for DLA Perishables follow-on TO under

GHS2.

8. CONTRACTING OFFICER'S CERTIFICATION.

I certify that the data suppo1iing the recommended use of other than full and open competition is accmate and complete to the best of my knowledge and belief.

HOLLE. EASTEN. R. ~~lf~~fgN~--

Easten R. Holle Contracting Officer oate: 2023.10.05 14:33:42 -05'00' 10/5/2023

Date

9. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION.

I certify that the data suppo1iing the recommended use of other than full and open competition is accmate and complete to the best of my knowledge and belief.

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Date: 2023.10.0516:12:51 -04'00' 10/05/2023

Date 1ST Chief Pacific Region

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10. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING

THE CIRCUMSTANCE THAT APPLIES TO THE ACTION.

Based on the above cited justification, I hereby detennine the circumstance in FAR 16.505(b )(2)(i)(A) applies to this justification for other than full and open competition .

.... 10/10/2023

Date Competition Advocate

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