JA_Oman_6_Mo_Extension_(18-04).pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS), OMAN

W52P1J-13-D-0121

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

This action will result in the award of a three (3) month extension modification beginning 1 Dec 2017 through 28 Feb 2018 plus a three month option period resulting in a possible end date of 31 May 2017 of the Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with the incumbent contractor, KGL International for Ports, Warehousing. The estimated value for this action is total.

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

The contract will provide the 595th Transportation Brigade (595th Trans BDE) services needed to maintain and sustain current and future operations while the Government awaits resolution of Government Accountability Office (GAO) post-award protest B-415697.1 against the follow-on contract, HTC71118DR010. S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through Oman in support of national and strategic military interests of the United States of America. 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 at the ports of Sultan Muscat (Qaboos), Duqm, and port of Salalah, Oman. The contractor is already in place and this extension allows SDDC continuous mission operations.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

Army Contracting Command Rock Island (ACC-RI) awarded the current contract in 1 November 2013 with a base year and two (2) one-year option periods. S&RTS contracts were transferred tcsmitka Typewritten Text tcsmitka Typewritten Text tcsmitka Typewritten Text 18-04 tcsmitka Typewritten Text from ACC-RI to USTRANSCOM Acquisition (AQ), 01 November 2013. Since the transfer, market research has been accomplished with the posting of two Request for Information (RFI), HTC711-16-ZR12 on 03 August 2016 and HTC71117ZR014 on 18 May 2017, to obtain industry feedback on the procurement of S&RTS services in Oman. Four interested vendors responded.

A Request for Services Contract Approval (SCR) package containing the Performance Work Statement (PWS) was submitted to TCAQ by SDDC/G9 on 28 October 2016. The solicitation for the follow-on acquisition, HTC711-17-R-R005, was issued on 25 January 2017. Solicitation closed on 2 March 2017.

The follow-on contract, HTC711-18-D-R005, was awarded on 02 November 2017. On 14 November 2017, USTRANSCOM was notified of Government Accountability Office (GAO) post-award protest B-415697.1 against the follow-on contract. Due to the protest, a stop work order was issued on 16 November 2017 under the follow-on contract. Executing this extension modification to the current contract is the most prudent course of action for USTRANSCOM and SDDC to provide uninterrupted services to the customer.

KGL International for Ports, Warehousing is the sole qualified contractor knowledgeable in the current movement of DoD cargo through Oman for the 595th Trans Bde/831st Transportation Battalion. Current and ongoing missions are a necessity and must not have an interruption in service. An unacceptable delay or interruption of service jeopardizes support and secure deployment of military personnel and cargo during missions and any unforeseen emergency.

Failure to extend the current contract would result in mission failure.

The proposed extension provides the required experience to ensure mission success, positions the 595th Trans Bde/831st Transportation for a safer, gradual transition to a new contract awardee, and mitigates the possibility of negative impact to the nation’s strategic combat effectiveness which the S&RTS at the ports of Sultan Muscat (Qaboos), Duqm, and port of Salalah,Oman.

The current contractor, KGL International for Ports, Warehousing, is the only company that can perform the required services while awaiting protest resolution. The primary focus of the 831st Transportation Battalion is the receipt, disposition, processing, and loading/discharging of vessels carrying cargo that is managed and shipped in support of Operation Spartan Shield (OSS) as well as supporting the retrograde cargo. KGL International for Ports, Warehousing has provided these services successfully over the life of the contract, and has the required management expertise, personnel, and equipment already in place at the ports. Transition to a new contractor would take approximately one to two months. Since the existing contract period of performance expires 30 November 2017, there is no time for any other company to provide the required personnel and equipment without a break in service to the customer.

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 three (3) month extension plus three month option of services since the follow-on contract has already been awarded and the Government is awaiting protest resolution, anticipated on or about 26 February 2018. TCAQ released the new competitive Request for Proposal (RFP) on 25 January 2017, HTC711-17-R-R005.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

During solicitation of the current contract, five offerors submitted proposals. KGL International for Ports, Warehousing offer was evaluated as the lowest priced, technically acceptable offeror and awarded the contract. Price analysis determined that the evaluated price for the base period and two option years was fair and reasonable based on comparison of competitive prices. The unit prices under the current contract will remain the same during this extension. 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

On-going efforts are underway to complete the source selection for the follow-on acquisition.

TCAQ-R conducted the extensive market research for the follow-on requirement. Request for Information (RFI) HTC711-16-ZR12 and HTC711-17ZR014, were posted on Federal Business Opportunity (FBO) on 03 August 2016 and 28 July 2017, respectively. TCAQ received four responses. No additional market research efforts were conducted specifically for this three (3) month extension plus three month option.

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

The following companies expressed interest in the follow-on acquisition for these services:

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

The solicitation was issued on 25 January 2017 using full and open competitive procedures.

TCAQ received four proposals. Contract HTC71118DR010 was awarded using full and open competition. Subsequently that award has been protested but there remains no barriers to 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.

THOMAS M. FEE III

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

Chief, Seaport Contract Management Branch, SDDC-G3

FEE.THOMAS.M

Date: 2017.11.29 08:31:20 -06'00'

SNYDER.BRANDON.M

ICHAEL

Date: 2017.11.29 08:41:07 -06'00'

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

PROGRAM/PROJECT: S&RTS, Oman

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

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

APPROVED:

THOMAS M. FEE III

Contracting Officer

FEE.THOMAS.M

Date: 2017.11.29 08:46:06 -06'00'