Nordenham JA_FINAL_Redacted.pdf

CUI

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

JUSTIFICATION AND APPROVAL (J&A)

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

PORT OF NORDENHAM, GERMANY

HTC711-23-R-R002

CONTROL NUMBER: 23-04

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

Military Surface Deployment and Distribution Command (SDDC) and the 950th Transportation Company require support for Stevedoring & Related Terminal Services (S&RTS) at the Port of Nordenham, Germany with Rhenus Midgard GmbH & Co. KG (Rhenus Midgard). This action will result in the award of a firm-fixed priced contract with a Period of Performance (PoP) of 01 September 2023 through 31 August 2028 with an optional six-month extension for a possible end date of 28 February 2029. The estimated value of this action is .

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

SDDC requires performance of all Performance Work Statement (PWS) tasks at the Port of Nordenham, Germany in a manner consistent with best commercial practices. The S&RTS PWS covers the full spectrum of port operation tasks, inclusive of services required for vessel, truck, and rail loading and discharging, port reception and disposition of cargo, staging, intra-port transfers, cargo Checking and Tallying (C&T), and handling and warehousing of Government-provided dunnage and tiedown materials. This requirement includes storage/staging, office space and office supplies, and equipment to perform all required documentation, including other related miscellaneous requirements. SDDC requires S&RTS to include all labor, equipment, gear, tools, documents, materials, and miscellaneous supplies and management services. The Department of Defense (DoD) relies heavily on SDDC capabilities as the designated Army single-point manager for surface transportation, including such capabilities as terminal management and port operations to support deployment, sustainment, and redeployment of U.S.

Armed Forces and cargo which deliver readiness anywhere in the world. This requirement

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

POC:

tckilbtm Cross-Out tckilbtm Cross-Out tckilbtm Cross-Out tckilbtm Cross-Out tckilbtm Cross-Out provides a continuation of the SDDC 598th Transportation Brigade’s mission and port operations to meet surface transportation requirements in support of national and global strategic objectives.

4. STATUTORY AUTHORITIY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority permitting the use of other than full and open competition is 10 U.S.C.

2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements, as implemented under Federal Acquisition Regulation (FAR) 6.302-1.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with (IAW) FAR 6.302-1(a)(2), Rhenus Midgard is the only responsible source capable of meeting the Government’s operational requirements and no other type of service will satisfy the Government’s requirements.

The Port of Nordenham is privately owned and operated by Rhenus Logistics. As the parent company, Rhenus Logistics only authorizes Rhenus Midgard to operate at this facility. Rhenus Midgard has the equipment in place that the Government needs for S&RTS on a continuing basis. Based on these findings, Rhenus Midgard is the only stevedoring company that meets the Government’s needs. Failure to establish this contract will result in a substantial loss of strategic capability in support of ongoing ammunition shipments into Germany and Eastern Europe.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

Request for Information (RFI) TRANSCOM-22-R-R022 was issued on 28 July 2022 to determine interest in this follow-on requirement and to ensure offers are solicited from as many potential sources as possible. Only Rhenus Midgard replied expressing an interest in this requirement.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Cost estimates for this operational requirement were based on the expected workload in the coming years at the Port of Nordenham for the 950th Transportation Company. Workload estimates were obtained from consultation with the 838th Transportation Battalion and the 598th tckilbtm Cross-Out

Transportation Brigade. The Independent Government Cost Estimate (IGCE) was developed through the analysis of historical data from numerous S&RTS contracts and many previous ammunition missions, as well as market research conducted by telecommunication, email, and the internet. Use of other than cost or pricing data will also be considered as needed. The Government is not aware of any potential market conditions that exist to prevent a determination of fair and reasonable pricing. As a result, the Contracting Officer anticipates the cost to the Government will be determined fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS

The Government conducted market research which indicates Rhenus Midgard is the only contractor with the capabilities to fulfill the requirements. This market research included a review of previously awarded contracts, internet searches, and the issuance of RFI TRANSCOM-22-R-R022 on 28 July 2022. As part of the RFI, the incumbent, Rhenus Midgard, along with four other potential sources, , were sent email notifications alerting them to the RFI. Only one source other than Rhenus Midgard replied asking whether an alternate port would be acceptable citing “limited competitive options” at the Port of Nordenham. No alternate ports to Nordenham are acceptable to meet the requirement due to its DARAD and NEW capability. Additionally, SDDC 950th Transportation Company confirmed the Port of Nordenham is the largest privately-owned seaport in Germany, and Rhenus Midgard is the only company with rights to operate at the port.

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, AND

INTEREST IN THE ACQUISITION

Other than Rhenus Midgard, no other company expressed an interest as evidenced by no response to the RFI.

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

Members of the 950th Transportation Company, and SDDC G3, will continue to monitor ports and contractors in Northern Europe for potential partners. If other viable alternatives become available, the Government will take this information under advisement in establishing the recompete contract.

tckilbtm Cross-Out

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.

MEGHAN M STEWART

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.

Branch Chief, Seaport Contract Management Branch, SDDC-G3

APPROVED:

Head of Contracting Activity (HCA)

STEWART.MEGHAN.

MCCOY.

Digitally signed by

STEWART.MEGHAN.MCCOY.

Date: 2023.01.10 09:35:22 -06'00'

Digitally signed by

Date: 2023.01.11 13:11:39 -06'00' tckilbtm Cross-Out