J&A_17-10_Kuwait_3_Mo_Bridge_13Feb2017_FINAL_Redacted.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 three (3) month bridge of the Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with the incumbent contractor, Raith Engineering, to provide Stevedoring & Related Terminal Services (S&RTS) in Kuwait. The Period of Performance (PoP) for this bridge is 05 March 2017 to 04 June 2017. The estimated value of 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 awaiting resolution of a bid protest at the United States Court of Federal Claims against the follow-on contract (HTC711-16-D-R004).

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

The follow-on contract, HTC711-16-D-R004, was awarded to KGL Transportation Company on 28 June 2016. Our office received a post-award protest, GAO Protest B-411646.6, on 08 July 2016. As a result, a stop work order was issued pending resolution of the protest. Subsequently, a bid protest was also filed at the United States Court of Federal Claims on 7 November 2016.

This requirement provides for the largest volume of cargo movement in the CENTCOM area of responsibility. More pertinently, this requirement provides the yard and staging management for cargo transiting in and out of Kuwait which cannot otherwise be provided. Therefore, a break in service is not possible while the protest is being resolved.

Raith Engineering 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. Any contractor performing this requirement would require at least thirty (30) days to receive security clearances to operate at Shuaiba port and Camp Arifjan. A similar period of time is generally necessary to stage contractor-supplied equipment at the ports. Raith Engineering is already in place and is the only contractor that can ensure continued operation while the protest is being resolved. 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 three (3) month bridge provides the required services and support to ensure mission success, positions the 595th Trans Bde for a safer, gradual transition into the new contract following resolution of the protest 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 specifically for this proposed three (3) month bridge of services since the follow-on contract has been awarded. TCAQ released the competitive RFP on 14 May 2015. were received.

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 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 prices 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

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 three (3) month bridge.

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 M. SNYDER Date Chief, Seaport Contract Management Branch, SDDC, G3

SNYDER.BRANDON.MI

CHAEL.1242219453

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: 2017.02.10 08:15:46 -06'00'