JA Medical Freight Transportation 2.0 Redacted.pdf

CUI

Controlled Unclassified Information (CUI) Source Selection Information � See FAR 2.101 & 3.104

DEFENSE LOGISTICS AGENCY

DLA CONTRACTING SERVICES OFFICE - PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5092

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Requiring Activity:

Defense Logistics Agency (DLA) DLA Troop Support - Medical 700 Robbins Ave Philadelphia, PA 19111-5092

Contracting Activity:

DLA Contracting Services Office-Philadelphia 700 Robbins Ave Philadelphia, PA 19111

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

This Justification & Approval (J&A) authorizes Other Than Full and Open Competition for the acquisition of air freight transportation services, awarded and administered by the DLA Contracting Services Office � Philadelphia (DCSO-P). By virtue of this J&A, DCSO-P will award multiple, multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) Medical Freight Transportation (MFT) contracts to Department of Defense (DoD) Commercial Airlift Review Board (CARB) approved, Federal Aviation Administration (FAA) certified air carrier(s) participating in the Civil Reserve Air Fleet (CRAF) authorized by 10 United States Code (USC), Chapter 961, Civil Reserve Air Fleet and/or the Defense Production Act, 50 USC § 4511, who are not in a suspended non-use status. DCSO-P will utilize these IDIQ contract vehicles to award Firm-Fixed-Price (FFP) task orders for DLA Troop Support � Medical air freight requirements.

Controlled by: DLA DCSO � Philadelphia (DCSO-P)

CUI Category: General Procurement and Acquisition / Source Selection Information see FAR 2.101 & 3.104

Distribution/Dissemination Controls: FED ONLY

3. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET

THE AGENCY�S NEEDS, INCLUDING THE ESTIMATED DOLLAR

AMOUNT:

CRAF participation is required to meet DLA Troop Support � Medical air freight transportation requirements. Establishing the proposed MFT IDIQ contracts is critical to the timely and reliable movement of medical materiel worldwide.

The proposed MFT IDIQ contracts will enable DLA to procure door-to-door delivery services for worldwide, heavyweight shipments of medical freight over 300 pounds. Each IDIQ contract will contain a Five-year ordering period. The aggregate total maximum contract value for all IDIQ contracts, including task orders, is projected to be

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION:

The statutory authority permitting Other Than Full and Open Competition is 41 USC § 3304(a)(5), as implemented by FAR 6.302-5(a)(2)(i).

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR�S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

Pursuant to 41 USC § 3304(a)(5) and FAR 6.302-5(a)(2)(i), competition for DLA Troop Support � Medical air freight transportation requirements must be restricted to CARB-approved, FAA-certified air carriers participating in the CRAF program because this restriction on competition is expressly required by 10 USC § 9516 and 49 USC § 41106.

CRAF is a voluntary program through which air carriers provide aircraft that are allocated, or identified for allocation, to the DoD pursuant to 50 USC § 4511, or aircraft that are made available, or that have been agreed to be made available, for use by the DoD under contracts issued IAW 10 USC, Chapter 961, to augment DoD airlift capability through the use of civil aircraft. The CRAF program was formalized through a series of presidential executive orders and memoranda of understanding, the first of which was signed December 15, 1951.

The National Airlift Policy, issued in June 1987 by President Reagan, reinforced the need for, and use of, the CRAF program.

CRAF participants provide civilian airlift assets needed to support military operations and mobilization requirements. This fleet of civilian aircraft is available to the military to meet peacetime requirements, surge needs, and mobilization requirements for major crises. The utilization of the CRAF program to meet DLA Troop Support � Medical air freight transportation requirements is expressly required by 10 USC § 9516 and 49 USC § 41106. 10 USC § 9516 requires DoD to use CRAF air carriers for freight transportation between the United States and foreign locations, and transportation between foreign locations (whenever such air carrier is reasonably available), unless the exception at § 9516(d) � no air carrier holding a certificate under 49 USC § 41102 is capable of providing, and willing to provide, the air lift service required � applies. 49 USC § 41106 mandates the same. Accordingly, the exception at FAR 6.302-5(a)(2)(i) applies and permits the use of Other Than Full and Open Competition to fulfill DLA Troop Support � MFT requirements.

Based on the foregoing, the use of Other Than Full and Open Competition to fulfill DLA Troop Support � Medical air freight transportation requirements is authorized because this restriction on competition is expressly required by statute.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS

ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE:

All CARB-approved, FAA-certified, CRAF air carriers are eligible to receive MFT IDIQ awards. All existing CRAF carriers will be solicited. Notice will be published on the System for Award Management (SAM) website for this solicitation. Interested parties may access the SAM website at www.SAM.gov.

All U.S. flagged air carriers have the opportunity to join the CRAF program. Deciding whether to join the CRAF program is an internal business decision made by the air carrier.

While this solicitation is restricted to CARB-approved, FAA-certified, CRAF air carriers, the Government may periodically review the total number of MFT IDIQ contract holders to assess whether it is in the Government�s best interest to initiate a solicitation open period to solicit proposals from new or additional MFT IDIQ awardees.

industry. During peacetime, DoD requirements for passenger and cargo airlift augmentation shall be satisfied by the procurement of airlift services from commercial air carriers participating in the CRAF program, to the extent DoD determines such airlift services are suitable and responsive to military requirements.

In addition, DoD airlift policy concerning use of CRAF air carriers is included in DoD Instruction (DoDI) 4500.57, Transportation and Traffic Management. Paragraph 4.5.a. of DoDI 4500.57 recognizes the partnership between the DoD and U.S. civil commercial air carriers as critical to mobilization, deployment, and sustainment of military forces, and that the alliance is embodied in the CRAF program. The policy specifies, IAW 49 USC § 41106 and 10 USC § 9516, DoD Components will ensure that all DoD acquisitions of commercial air transportation services require CRAF participation as a prerequisite for award to the maximum extent possible unless there is a documented negative critical mission impact. Carriers not eligible for CRAF may be used only when CRAF-participating carriers cannot meet mission requirements.

The Defense Federal Acquisition Regulation Supplement (DFARS) also supports the policy of acquiring air transportation services through CRAF air carriers. DFARS 247.206 provides that evaluation factors concerning an offeror�s commitment of transportation assets to the CRAF program be considered when acquiring transportation-related services. DFARS 247.301-71 provides similar guidance for supply contracts that include a significant requirement for transportation of items Outside the Continental United States (OCONUS) and overseas.

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

AN INTEREST IN THE ACQUISITION:

No sources have expressed interest in this requirement in writing. However, the Government finds the market research described in Section 8 to be representative of the current interest in this requirement.

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

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

MAKING ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES REQUIRED:

As demonstrated above, the Government requires the use of Other Than Full and Open Competition to satisfy DLA Troop Support � Medical air freight transportation requirements. The DoD relies on the U.S. air transportation industry to provide airlift services in time of emergency or war. A mobilization base for these airlift services, committed to DCSO-P by contracts, is essential to ensure the prompt and effective response of this industry when needed.