JA MidAtlantic HTC711-15-D-R036.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

Mid-Atlantic

HTC711-15-D-R036

20-35

1. CONTRACTING ACTIVITY

The contracting activity is the 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 BEINGAPPROVED

This action resulted in a modification to extend the Period of Performance of the Mid-Atlantic S&RTS contract HTC711-15-D-R036 to accommodate the operational requirements from 01 July 2020 to 31 July 2020. The extension was exercised for a one (1) month option period initially, and will be exercised in (1) month increments, up to six (6)-months if needed, to allow the contractor on the newly awarded follow-on Mid-Atlantic contract time to coordinate a transition with the outgoing contractor and begin performance. Initially, the one (1) month extension is valued at ~$1.33M. In the event the full six (6) months are needed, the total contract extension will be ~$6.19M.

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

The 597th Transportation Brigade requires continued S&RTS services to maintain and sustain current and future terminal operations. Initially, service is required through 31 July 2020, with the possibility it could be needed through 31 December 2020. S&RTS includes vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo, inland transportation of cargo, customs clearance, yard management and management expertise. S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through the following ports in the Mid-Atlantic region: Charleston, SC;

Savannah, GA; Wilmington, NC, and Moorehead City, NC in support of national and strategic military interests of the United States.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2 Unusual and compelling urgency.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with FAR 6.302-2(a)(2)(b), an unusual and compelling urgency precludes full and open competition; and delay in award of a contract would result in serious injury, financial or other, to the Government. Any approach to fulfilling this requirement other than extending the period of performance of the current contract would result in serious injury to the mission of the 597th Transportation Brigade.

A firm fixed-price IDIQ contract, HTC711-15-D-R036, was awarded to Cooper Ports America LLC beginning 01 February 2015. The last option period four of the contract expired on 30 June 2020. The follow-on Mid-Atlantic contract HTC711-20-D-R035 was awarded on 24 June 2020.

However, a post-award protest was filed at GAO on 02 July 2020. The Government’s need for S&RTS at the following ports in the Mid-Atlantic region: Charleston, SC, Savannah, GA, Wilmington, NC and Moorehead City, NC is unusual and compelling because:

(1.) It provides the following critical specialized transportation services, that include but are not limited to: vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/unstuffing of cargo, intra-terminal transfer of cargo, inland transportation of cargo, customs clearance, yard management and management expertise.

(2.) Government personnel are not available in sufficient number, nor do they possess the specific expertise to perform the S&RTS services required under the Mid-Atlantic contract without jeopardizing other aspects of the S&RTS mission.

(3.) Services will continue without interruption as the government resolves the GAO protest.

(4.) It will allow the incoming contractor time to coordinate a transition with the outgoing contractor and also allow time for the incoming contractor to coordinate with labor and stage its gear and equipment to ensure seamless operations and that there is no break in service until the transition is complete.

Additionally, failure to extend the Period of Performance would degrade the 597th Transportation Brigade’s capability to provide support for military unit deployments and exercise execution, thus decreasing the 597th Transportation Brigade’s overall readiness level.

An unacceptable delay or interruption of services jeopardizes support and the secure deployment of military personnel and cargo during missions and any unforeseen emergency. This contract period of performance extension is necessary in order to avoid direct financial and operational injury to the Government.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

A follow on Mid-Atlantic contract HTC711-20-D-R035 was awarded on 24 June 2020.

Offerors submitted proposals in a full and open environment. Soliciting proposals from additional sources is not practicable since a new contract has been awarded and there is a need for uninterrupted services up until the new contractor can transition and begin performance. In the event that there is a follow on contract in the future, the Government will ensure that offers are solicited from as many potential sources as is practicable.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The contracting officer negotiated the proposed labor and commodity rate increases to ensure they were fair and reasonable. At time of original contract award, Cooper Ports America LLC’s prices were determined to be fair and reasonable IAW 15.401-1(b)(2). As well, the Government was able to use more updated pricing from the recently competitively awarded HTC711-20-D- R035 follow-on Mid-Atlantic contract. No other market conditions exist that alter the determination that prices on this contract may be determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THERESULT

No additional market research efforts were conducted specifically for this action. Prior to award of the current Mid-Atlantic contract, HTC711-15-D-R036, market research was conducted, and two (2) companies expressed interest in performing this type of service at the Mid-Atlantic ports of Charleston, SC; Savannah, GA; Wilmington, NC and Moorehead City, NC. Both companies submitted a proposal for this requirement and Cooper Ports America LLC was determined to be the Lowest Priced Technically Acceptable offeror. Also, a more recent Request For Information (RFI) TRANSCOM20R017 for the follow-on Mid-Atlantic contract was posted to Beta.SAM on 24 January 2020, and served as the basis for market research efforts on the recently awarded Mid-Atlantic contract, HTC711-20-D-R035.

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

COMPETITION

None.

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

INTEREST IN THE ACQUISITION

Two (2) proposals were received on the follow-on Mid-Atlantic Contract HTC711-20-D-R035:

SSA Atlantic (SSA); and Cooper/Ports America (CPA)

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 SERVICESREQUIRED

Market research was conducted via RFI for sources sought to ascertain whether there were potential S&RTS sources. There were five (5) firms documented as potential offerors for the follow-on contract. Two (2) of these potential offerors submitted proposals. The Government will continue to use this method as well as the other market research methods listed at FAR

10.002 to foster full and open competition.

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.

CALEB J. HIGGERSON

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.

Chief, Seaport Contract Management Branch, SDDC-G3

14. WRITTEN DETERMINATION OF THE APPROVING OFFICIAL IDENTIFYING THE

CIRCUMSTANCE THAT APPLIES TO THE ACTION:

Based on the above cited justification, I hereby determine the circumstance in FAR 6.302-2 applies to this justification for other than full and open competition.

KERI A. LINDSCO

Competition Advocate