Romania 2nd Ceiling Increase (Redacted).pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

20-41

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

CONSTANTA, ROMANIA

HTC711-19-D-R004

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 a modification to increase the Constanta, Romania S&RTS contract ceiling. As a result of an increase in deployment operational requirements, the ceiling on the contract will be increased by an additional $4M, increasing the ceiling from $6.99M to $10.99M, to accommodate anticipated operations through Option Year 1, 13 Dec 2020, of the current contract.

3. NEEDS

The 839th Transportation Battalion requires continued S&RTS services to maintain and sustain current and future terminal operations through Option Year 1, 13 Dec 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 Constanta, Romania in support of national and strategic military interests of the United States of America. The estimated value for this action is $4M.

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, as implemented by FAR 6.302-1.

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

In accordance with FAR 6.302-1(a)(iii), services may be deemed as available from the original source in the case of a follow-on contract when it is likely award to any other source would

Any approach to fulfilling this requirement other than increasing the ceiling of the current contract would result in unacceptable delays.

A firm fixed-price IDIQ contract, HTC711-19-D-R004, was awarded to Global Defense Logistics, SRL (GDL) beginning 14 Dec 2018. The contract is currently in the Option Year 1, which is set to end on 13 Dec 2020. A Request for Services Contract Approval (SCR) package was submitted to TCAQ by SDDC/G3 on 17 June 2020 requesting an increase to the Constanta, Romania S&RTS contract ceiling for continued support. The services being provided are in support of the 839 th

The contract is only 50% through option year 1 performance period with approximately $5.5M or 90% of the total contract value expended. The projected workload for option year 1 is on pace to increase an additional 85% above the previously increased workload of 105%. The reason for this increase is due to an unpredicted growth in operational requirements, resulting in

These increased military readiness campaigns and the strategic location of this port, have generated an increase in demand for strategic sealift through the port of Constanta, Romania pushing contract obligations 85% beyond the initial ceiling increase of $6.9M. During the solicitation, the customer could not anticipate the upsurge in mission requirements which has resulted in the necessity to increase the contract ceiling for a second time.

TRANSCOM anticipated re-competing this contract in February - March 2020, however recent world events surrounding the COVID-19 pandemic hindered the 839 ability to generate the necessary requirements documentation to support this timeline, as their focus shifted to the safety and wellbeing of its personnel during this unprecedented health crisis.

Any other contractor typically performing this requirement would require at least thirty days to receive the appropriate security clearances for this location. A similar period of time is generally necessary to stage contractor-supplied equipment at the ports. Additionally, support for current and ongoing missions is a necessity, and there must not be an interruption in service. Failure to increase the contract ceiling value would degrade the 839th to provide continuous support for military unit deployments and exercise execution, thus decreasing the command 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 ceiling increase is required to ensure the Government is capable of continued performance at a high operational tempo. Increasing the ceiling by $4M will cover the expected expenses until a new source selection can be conducted.

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

FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE

A full and open, competitive Request for Proposals (RFP) will be made for the follow on contract anticipated for release in August 2020.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Contract prices will not change. At time of award, G , prices were determined fair and reasonable IAW FAR 15.404-1(b)(2). No other market conditions exist that alter the determination the prices on contract are fair and reasonable.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULT

No additional market research efforts were conducted specifically for this action. Prior to award, market research was conducted, and three companies expressed interest in performing this type of service at Constanta, Romania. All three companies submitted a proposal for this requirement.

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

None.

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

A full and open RFP will be released August 2020 to begin the solicitation of a new long term contract in Constanta, Romania. A Request For Information (RFI) will be issued to prospective offerors via Beta.SAM.gov, and market research will be conducted to ascertain whether or not any changes to the current contract structure would result in increased competition at the port.

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.

BRITA M. DORSEY

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.

SCOTT MATTHEWS

Chief, Seaport Contract Management Branch, SDDC-G3

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

PROGRAM/PROJECT: S&RTS, Constanta, Romania

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

ESTIMATED CONTRACT COST: $4M

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

KERI A. LINDSCO

Competition Advocate