J A_15-61_-_S RTS_Kuwait_Bridge__Redacted.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

PORTS OF SHUAIBA, SHUWAIKH, AND KUWAIT NAVAL BASE, KUWAIT

STEVEDORING & RELATED TERMINAL SERVICES (S&RTS)

W52P1J-10-D-0013

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

Surface Deployment and Distribution Command (SDDC) requires continued support for Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait for Stevedoring & Related Terminal Services (S&RTS). Continued support must be accomplished though a sole-source bridge of three (3) months with an option for another three (3) months to meet mission requirements while on-going competition for the follow-on acquisition is being completed. If the current contract W52P1J-10-D-0013 with Raith Engineering & MFG Co. WLL (Raith) expires, it will cause mission failure.

This requirement is for a potential six ( 6) month bridge of services to the existing Stevedoring and Related Terminal Services (S&RTS) contract with Raith Engineering & MFG Co. WLL (Raith). The current Indefinite Delivery Indefinite Quantity contract expires 4 September 2015.

The current contract included a base period and four (4) option periods. In accordance with 52.212-4, Changes, a three (3) month bridge modification will be executed immediately with a Period of Performance (POP) of 05 September 2015 through 4 December 2015 to ensure no disruption of service to the customer. If needed, an additional three (3) month bridge modification may also be exercised. The estimated value for the potential six (6) month bridge is $5,000,000.00 total. Approval for this extension is sought because the follow-on acquisition for these services is not yet complete, and the contractor requires at least thirty (30) days in order to secure access for Contractor employees to U.S. Government facilities. In addition, Contractor employees will be required to undergo background investigations and security checks as determined necessary by both the U.S. and Host Nation Officials.

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

The contract will provide the SDDC 595th Transportation Brigade (595th Trans Bde) services needed to maintain and sustain current and future operations. S&R TS are required for the movement of military cargo, to include conventional, break bulk, container, military vehicles and equipment through the Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait in support of national and strategic military interests of the United States of America.

FOR OFFICIAL USE ONLY

Kuwait S&RTS provides handling of Department of Defense (DoD) sponsored cargo for SDDC, 595th Trans Bde, to include vessel loading, vessel discharge, receipt of cargo, disposition of cargo, stuffing/un-stuffing of cargo, inter-terminal transfer of cargo and onward movement of cargo management expertise at the Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait.

The 595th Trans Bde has vessels scheduled over the next six (6) months which require S&RTS.

The contractor is already in place and this extension will allow the 595th Trans Bde to accomplish its operations in Kuwait.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 USC 2304(c)(l), Only One Responsible Source

5. DEMONSTRATION THAT THE NATURE OF THE ACQUISITION REQUIRES USE

OF THE AUTHORITY CITED

Rock Island Contracting Center (RICC) awarded the current contract in November 2009 with a base period and four (4) one-year options. S&RTS contracts were transferred from RICC to USTRANSCOM/AQ on 01November2013. Since the contracts were transferred to USTRANSCOM, market research has been accomplished with the posting of a Request for Information (RFI) on 27 November 2014 to obtain industry feedback on the procurement of S&R TS services. potential suppliers were identified.

A Request for Services Contract Approval (SCR) package containing the Performance Work Statement (PWS) and Schedule of Rates was submitted to TCAQ by SDDC/G9 on 18 August 2014. After review of these documents against market research and issues arising with other OCONUS S&R TS solicitations, it was determined a review of the requirements was warranted prior to issuance of a solicitation. The acquisition process for the follow-on contract was delayed.

In addition, the contractor requires at least thirty (30) days in order to secure access for Contractor employees to U.S. Government facilities. Contractor employees will be required to undergo background investigations and security checks as determined necessary by both the U.S. and Host Nation Officials.

Executing this bridge modification to the current contract is the most prudent course of action for USTRANSCOM and SDDC to provide uninterrupted services to the customer.

Raith is the sole qualified contractor knowledgeable in the current movement of DoD cargo through the Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base for the 595th Trans Bde.

Failure to extend the current services by executing a bridge contract would result in mission failure. 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.

The froposed extension provides the required experience to ensure mission success, positions the 5951 Trans Bde 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 Shuaiba, Shuwaikh, and Kuwait Naval Base supports.

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 bridge of services since the acquisition process is in progress for a follow-on contract. TCAQ released the new competitive Request for Proposal (RFP) in April 2015 and anticipates award of a follow-on contract by October 2015.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

During solicitation of the current contract, contractors submitted offers and were determined to be within the competitive range. Raith was and awarded the contract. Price analysis determined that the evaluated price for the base period and four (4) option years was fair and reasonable as a result of adequate price competition IAW FAR 15.403-l(c)(l). Option Year 4 rates will apply to this bridge period and price is considered fair and reasonable based on adequate price competition and historical prices (see FAR 15.404-l(b)(2)(ii)). 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 extensive market research for the follow-on requirement. Request for Information (RFI) HTC711-14-R-R013, was posted on FBO 27 August 2014. No additional market research efforts were conducted specifically for this potential six ( 6) month bridge.

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

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 Government has begun the acquisition process of procuring the required services. TCAQ-R anticipates award in October 2015. Milestones for the follow-on requirement are being established to include adequate start-up time to remove any 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.

13. TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION

I certify that the data supporting the recommended use of other than foll and open competition is accurate and complete to the best of my knowledge and belief.

'31 Avb <o1s- BRA0NSN~ Date Functional Manager, SDDC, G3

CONTRACTING ACTIVITY: USTRANSCOM/TCAQ-R

PROGRAM/PROJECT: Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait, Stevedoring & Related Terminal Services (S&RTS)

AUTHORITY: 10 USC 2304(c)(l)

ESTIMATED CONTRACT COST: $5,000,000.00

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

Branch Chief, Transportation Support Branch

CHARLES

Chief, Specialized Transportation & Support Division

Office of the Staff Judge Advocate

MICHELLE M. MENDEZ~ ')

Competition Advocate v Date

~t~IS Date

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