FAR-Part13-5-Sole-Source-JA_ACC_CbR_XI_(2)_Redacted.pdf

Control No: T-19-J005 Contractor KVG, LLC

Program/Equipment: Combined Resolve XI

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: U.S. Army in Europe (USAREUR) G-3/7 Training and Exercise (TREX) – Multinational Integration Branch (MIB) provides the Ukraine and Moldovan Armies’ transportation funding for their personnel and equipment in support of Combined Resolve XI exercise 29 November through 14 December 2018.

Authority: 41 U.S.C. 1903 for Special Emergency Procurement as implemented by FAR Subpart 13.5.

Amount: $ 688,267.51

Prepared by: Jose R. Aldape DSN:

GS12, Exercise Planner Date: 11/16/2016 Email:

Contracting Officer: Kory Stiles DSN: 314-542-6846 Contracting Officer Date: 11/16/2018 Email: kory.d.stiles.civ@mail.mil

Technical: James P. Hooser DSN:

SFC, G4 PLOEX Planner Date: 11/16/2018 Email:

Requirements: Michael E. Spraggins DSN:

COL, GS Date: 11/16/2018 Email:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name: Jose R. Aldape

DSN:

Signature:

Legal Counsel:

Typed Name: Ronald C. Walton

DSN: 542-6906

Version –March 2017 FOR OFFICIAL USE ONLY

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole

Source Justification and Approval

1. Contracting Activity: 409 Contracting Support Battalion/Theater Contracting Center Unit 23156, Bldg 3233, Kleber Kaserne, APO, AE 09054

2. Description of Action: The movement of tactical vehicles and personnel of multinational armies of Ukraine and Moldova. The Government projects award of the contract by 23 November 2018 using Operation and Maintenance funds as authorized by 10 U.S.C. Section 321.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

(Insert approval authority title) approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on (insert date).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting (insert approval authority title) approval.

3. Description of Supplies/Services: Transport of, both, the Ukraine Army’s 10 tactical vehicles, weapons, blank ammunition, and personnel as well as the Moldovan Army personnel, weapons, ammunition, and equipment to Hohenfels, Germany and return.

Description of Service

Quantity Total Price

Transportation of 14 Tactical vehicles, Class 1

ADR, 115

Personnel from Ukraine Site 1 to

Germany

Transportation of Class 1 ADR and 21 Personnel from Ukraine Site 2 to

Germany

Transportation of Class 1 ADR and 46 Personnel from

Moldova to Germany

Return of the above 1

Period of Performance: on/about: 22 NOV to 14 DEC 2018 Total Value: $699,044.46

Program/Equipment: Combined Resolve XI

Version – March 2017 FOR OFFICIAL USE ONLY

4. Authority Cited: 41 U.S.C. 1903 for Special Emergency Procurement as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other:

5. Reason for Authority Cited: In Accordance With (IAW) 10 U.S.C. Section 321, U.S.

European Command (USEUCOM) is authorized to conduct training with friendly foreign countries under the Security Cooperation Office. As part of this training, USEUCOM is authorized to provide transportation of participating friendly foreign countries’ military assets and personnel to the exercise location. This contract action is in support of Combined Resolve (CbR) XI that takes place in Hohenfels, Germany, on 29 November 2018 to 14 December 2018.

The CbR XI is a force-on-force exercise held at Joint Mission Readiness Center JMRC in Hohenfels, Germany. It is to bring together partner nations and Regionally Allocated Forces (RAF) to learn to work together and test their capabilities. Also, it assists the RAF with becoming familiar with Soviet era assets which Ukraine and Moldova both have. This exercise will bring together approximately 200 troops in a simulated battlefield scenario.

In May 2018, CbR planners started making transportation arrangements for Ukraine and Moldovan Forces to attend CbR XI in Hohenfels, Germany. The Operation Order (OPORD) for this exercise directed the use of the Movement and Funding Automated Support Tool (MFAST). USAREUR utilizes the MFAST for all transportation requests however, not for foreign country movements and at the time, this was not known to the CbR planners. It wasn’t until 13 November 2018, that the CbR planners were told that foreign country movements could not be completed using the MFAST system. Based upon that information, a contract must be completed in order to move the foreign assets.

The planning for this exercise has been going on since May 2018 and, but for, a mistake in the OPORD, did it require the use of an unusual and compelling urgency

The impact of the Ukrainian and Moldovan Forces not participating in the exercise is two-fold. First, approximately $60,000 have been spent in the planning of this exercise with the two countries. It is unknown how much money has been spent by the participating countries but it is approximately equal to or may be more based on the significant planning and preparing for the exercise. Second, the strategic and diplomatic cost of canceling the exercise due to the U.S.’s inability to move their assets and personnel as promised would be great. The two countries have relied on U.S. guidance in order for them to participate in this exercise. If it is determined that the two countries cannot go, this may impact future exercises with the U.S., Ukraine and Moldova and potentially their motivation to continue in participating in future exercises.

6. Efforts to Obtain Competition: Due to the urgent and compelling nature of this request, efforts to obtain competition were not possible. The movement of material and personnel over several countries requires diplomatic clearances that normally require 30

Program/Equipment: Combined Resolve XI

Version – March 2017 FOR OFFICIAL USE ONLY days advance submission. For the reasons described in section five, the Government was limited to five days advance notice to secure diplomatic clearances. However, before diplomatic clearances can be secured, the driver and truck information must be provided by 21 November 2018 in order to make the 29 November 2018 delivery. The Government considered competing the return leg of personnel and equipment in an effort to promote competition however, due to the diplomatic clearance time-frame requirement, it is in the best interest for the Government to contract for the entire movement, delivery and return. Therefore, the only possible way to enter into a transportation contract and receive required contractor information for diplomat clearances within a short time-frame was to solicit only to one vendor. In accordance with FAR 5.202(a)(12), this action will not be synopsized.

7. Actions to Increase Competition: Future actions for same or similar services will be competed fully. Currently, there is a solicitation being developed for Third Party Logistics for European Wide Movement (3PLEWM). 3PLEWM will be posted on the Government Point of Entry (GPE) in order to obtain widest dissemination and receive the most competition as possible once a formal solicitation has been developed (see Request for Information (RFI) W564KV-18-R-0037 posted on 13 July 2018).

8. Market Research: An RFI was posted on 13 July 2018 in order to conduct market research for 3PLEWM. The Government also conducted an industry day on 31 July 2018 in order to gauge the market on what companies were available to perform the requirement as described in the draft Performance Work Statement (PWS) for 3PLEWM, similar in need to the requirement that this J&A addresses.

The companies that responded to the Government’s RFI posted on GPE were:

i.b.s. International Operative Services e.K. Schauenburgerstrasse 23, Hamburg, Germany

DTD Consult/Lammers Logistick Kloster Str 16a, Steinfurt, Germany

KVG 180 Redding Lane, Gettysburg, PA

National Air Cargo (Deutschland) GmbH Cargo City Süd, Geb. 537 F, 60549 Frankfurt am Main

Damco Sommervej 31, 8210 Aarhus, Denmark

Kühne + Nagel (AG & Co.) KG Grosser Grasbrook 11-13, 20457 Hamburg wemoveBW Transportation and Moving GmbH Handwerkstraße 31 70565 Stuttgart

GURHAN INSAAT ve TIC. NAKL.ITH.IHR.LTD.STI Kurtulus Mah. 64017 Sok. No 7/0101130 Seyhan, ADANA / TURKEY

Program/Equipment: Combined Resolve XI

Version – March 2017 FOR OFFICIAL USE ONLY

Fuduric GmbH & Co. KG Branichstraße 70 a, 69198 Schriesheim

IM SOLUTIONS SP. z O.O UL. WOLNOSCI 18/320, GDYNIA 81-327, POLAND

P&JP Brokerage LLC 15301 Ventura Blvd, Sherman Oaks, CA 91203

"Arijus", UAB pr. 192, LT-44151, Kaunas, Lithuania

FERCAM S.p.A Via Marie Curie 2, I-39100 Bolzano, Italy

Compass Logistics International 175-18, 147th Avenue, Jamaica, NY 11434

TechWerks, LLC 2001 Clarendon Blvd, STE 705, Arlington, VA 22201

IAL / GAL Europe GMBH (IAL) 110 Office Park Lane, Suite 201 St. Simons Island, GA 31522

Pol-Mare Sp. z o.o. Sp. k. -336 Gdynia, Polska

Joint Venture Nolte Services and Universal Transport

Coerdestrasse 39 48147 Münster-Germany

Maxi-Cargo E. -

S & D Logistics GmbH Bahnhof Str 17 Nordendorf 86695 Deutschland

Andrew Rodrigues Consulting Am Romerhof 6 60486 Frankfurt am Main

All the companies identified above are capable of performing this requirement however, due to the short notice of the need, there is not enough time to publicize the solicitation or request a quote from all vendors.

9. Interested Sources: See Paragraph 8 for RFI information and listing of companies that were interested in the 3PLEWM requirement, similar to this requirement. However, due to the urgent and compelling reasons stated in Paragraph 5, it is not possible to engage the above vendors for this requirement.

10. Other Facts:

a. Procurement History:

Program/Equipment: Combined Resolve XI

Version – March 2017 FOR OFFICIAL USE ONLY

(1) Contract numbers and dates of the last several contracts for these same requirements: W564KV-18-P-0041, 6 April 2018

(2) The competitive status of these actions: Solicitation was exempt from posting IAW FAR 5.202(a)(12) however, there competition was achieved as the Government received four responses from four different companies.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: James P. Hooser Title: SFC, G4 PLOEX Planner

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Michael E. Spraggins Title: COL, GS

Program/Equipment: Combined Resolve XI

Version – March 2017 FOR OFFICIAL USE ONLY

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis cost analysis IGCE audit: (identify the audit type) other: Comparison of prices found reasonable on previous purchases

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Kory Stiles Title: Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Kory Stiles Title: Contracting Officer Signature: