J A_16-9_Kuwait_6_Mo_Bridge_(FINAL_Redact)_2Feb16.pdf

JUSTIFICATION AND APPROVAL

USTRANSCOM JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

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

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

This action will result in the award of a six (6) month bridge of the Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with the incumbent contractor, Raith Engineering.

The Period of Performance (PoP) for this bridge is 05 March 2016 – 04 September 2016. The total estimated value for this action is .

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 follow-on contract is solicited.

S&RTS are required to move and track Department of Defense (DoD) sponsored cargo through Kuwait 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.

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

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 01 November 2013. 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&RTS services.

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&RTS 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 to accomplish this review.

The final SCR package was received 29

April 2015. The Request of Proposals (RFP) was released on 14 May 2015. On 12 June 2015, our office received a preaward GAO protest which delayed beginning the evaluation process due the possibility of having to open the RFP for another thirty (30) days. This protest was dismissed 29 June 2015.

A bridge with a base period of three (3) months plus a three (3) month option was executed on 03 September 2015 was put in place to continue service while further evaluation was conducted. On 24 November 2015, our office received a second preaward GAO protest and an allegation of a Procurement Integrity Act violation.

All other proposals are not awardable without opening discussions. Lastly, in a conversation with 595th Trans BDE on 29 December 2015, any successful offeror will require at least sixty (60) days to undergo background investigations and security checks in accordance with U.S. and Host Nation regulations to complete the port security access process for their employees. 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. Support for current and ongoing missions is a necessity and there must not be 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 six (6) month bridge provides the required services and support to ensure mission success, positions the 595th 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 six (6) month bridge of services since the acquisition process is in progress for a follow-on contract. TCAQ released the competitive RFP on 14 May 2015.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Raith 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 four (4) option years was fair and reasonable as a result of adequate price competition IAW FAR 15.403-1(c)(1). Option Year 4 rates will apply to this bridge period and price are considered fair and reasonable based on adequate price competition and historical prices (see FAR 15.404-1(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

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 Government has begun the acquisition process of procuring the required services. The solicitation was issued on 14 May 2015 using full and open competitive procedures. TCAQ-R anticipates award in July 2016.

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.

BECKY S. MOLLOY Date 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 Date Functional Manager, SDDC, G3

MOLLOY.BECKY.S.1245

997082

Digitally signed by MOLLOY.BECKY.S.1245997082 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MOLLOY.BECKY.S.1245997082 Date: 2016.01.13 08:49:05 -06'00'

SNYDER.BRANDON

.MICHAEL.1242219

Digitally signed by

SNYDER.BRANDON.MICHAEL.1242219453

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SNYDER.BRANDON.MICHAEL.1242219453 Date: 2016.01.13 13:01:27 -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, Kuwait

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

ESTIMATED CONTRACT COST:

TYPE OF J&A: Individual

REVIEW AND APPROVAL:

BECKY S. MOLLOY Date Contracting Officer

Office of the Staff Judge Advocate Date

WILLIAM H. HENDERSON Date Chief, Transportation Support Branch

CHARLES M. BURTON Date Chief, Specialized Transportation & Support Division

JEFFERY T. BEYER Date Chief, Business Support and Policy Division

MOLLOY.BECKY.S.124

5997082

Digitally signed by MOLLOY.BECKY.S.1245997082 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MOLLOY.BECKY.S.1245997082 Date: 2016.01.13 08:49:40 -06'00'

RIES.PETER.BOHMAN.1

014180296

Digitally signed by RIES.PETER.BOHMAN.1014180296 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=RIES.PETER.BOHMAN.1014180296 Date: 2016.01.14 08:19:13 -06'00'

HENDERSON.WILL

IAM.R.1105911153

Digitally signed by

HENDERSON.WILLIAM.R.1105911153

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HENDERSON.WILLIAM.R.1105911153 Date: 2016.01.14 08:30:44 -06'00'

BURTON.CHARLES.M.JR

.1036540440

Digitally signed by BURTON.CHARLES.M.JR.1036540440 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=BURTON.CHARLES.M.JR.1036540440 Date: 2016.01.14 09:16:13 -06'00'

BEYER.JEFFERY.T.

1087086620

Digitally signed by BEYER.JEFFERY.T.1087086620 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=BEYER.JEFFERY.T.1087086620 Date: 2016.01.21 08:32:13 -06'00'

APPROVED:

MICHELLE M. MENDEZ Date Competition Advocate

MENDEZ.MICHELLE.

M.1171452542

Digitally signed by

MENDEZ.MICHELLE.M.1171452542

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=MENDEZ.MICHELLE.M.1171452542 Date: 2016.01.22 10:43:04 -06'00'