04a. JOFOC - Final signed.pdf

U.S. Department of Transportation

Federal Railroad Administration

JA-24-0012

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

Solicitation # 693JJ624R000009

1. Contracting Agency: United States Department of Transportation, Federal Railroad

Administration (FRA), Office of Acquisition (RAD-30), 1200 New Jersey, Avenue, SE

Washington, DC 20590.

2. Action to be Approved: The FRA intends to award a contract to MITRE Corporation for “Rail

Information Sharing Environment (RISE) Program Development Support Services” without full and open competition.

3. Description of Services: FRA requires a contractor to perform the following: (1) Advance and mature RISE as a data trust for the railroad industry, consistent with the DOT Order on Data

Trusts; (2) Demonstrate RISE value through successful delivery and use of results from Phase 2 of the RISE pilot; (3) Facilitate engagement between suppliers and developers of geospatial technology and ground transport companies, and railroad stakeholders to advance grade crossing safety.

The total estimated value of this requirement is $2,130,000.00.

4. Authority Cited: The statutory authority for this non-competitive action is derived from 41

U.S.C. § 3304(a)(3), as implemented by Federal Acquisition Regulation (FAR) 6.302-3

“Industrial mobilization; engineering, developmental, or research capability; or expert services.”

and FAR 6.302-3 (a)(2)(ii) “Competition need not be provided…to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center (FFRDC).”

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited: FRA has a requirement for program development support for RISE. FRA conducted market research on data trust program development and found MITRE Corporation. MITRE operates six federally funded research and development centers and is a leading expert and possesses unique expertise in transportation. As such, the statutory authority implemented by Federal Acquisition Regulation (FAR) 6.302-3, “(FAR) 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.” is applicable to this proposed acquisition because MITRE Corporation will perform the work through one of its federally funded research and development centers. MITRE has noted expertise in the establishment and development of two existing data trusts for

Department of Transportation, Federal Aviation Administration’s (FAA) Aviation Safety

Information Analysis and Sharing (ASIAS) program and National Highway Transportation Safety http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Administration’s (NHTSA) Partnership for Analytics Research in Traffic Safety (PARTS) programs in which MITRE has served as the Program Developer. If this J&A is not approved and, consequently, the required service not provided, then FRA’s RISE program will not fulfill its mission to address complex railroad safety challenges through data sharing and collaboration with railroad stakeholders and will ultimately be unable to further FRA’s overall mission to enable the safe, reliable, and efficient movement of people and goods for a strong America, now and in the future.

6. Description of the Effort Made to Ensure that Offers are Solicited from as many Potential

Sources as Practicable: In accordance with the exception provided in FAR 5.202(a)(10), the

Contracting Officer need not submit a notice of a proposed contract action when “the proposed contract action is made under conditions described in FAR 6.302-3 and advance notice is not appropriate or reasonable.”

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be fair and reasonable: The Contracting Officer determines that the anticipated cost will be fair and reasonable based on market research, previous acquisition history on similar requirements at

DOT, and a price analysis that the Contracting Officer will conduct on the Contractor’s quotation using a combination of the techniques provided under FAR Subpart 15.404-1.

8. Market Research: Market research methods used include conversations and interviews with

Subject Matter Experts (SMEs) and Contracting Officer Representatives (CORs) on similar requirements of NHTSA’s PARTS and FAA’s ASIAS, and discussions with MITRE to determine their capabilities. After thorough analysis, FRA has determined that MITRE, as an expert in the program development of data trusts within the Department of Transportation, is the most qualified vendor this requirement.

9. Other Facts Supporting the Use of Other Than Full and Open Competition: The Center for

Advanced Aviation System Development (CAASD) FFRDC, in which MITRE is the contractor, was established by the FAA and is available to any organization within the Department of

Transportation.

10. A List of Sources, If Any, that Expressed, in Writing, An Interest in the Acquisition: None.

11. A Statement of 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: Prior to embarking on a follow-on effort, the agency will conduct market research and explore whether use of a federally funded research and development center remains the best approach to support data trust program development efforts.

Technical Requirements Certification:

I certify that the technical requirements and technical justifications are accurate and complete to the best of my knowledge and belief.

JASON WORNOFF

Contracting Officer’s Representative Date https://www.acquisition.gov/far/part-6#FAR_6_302_3

APPROVAL:

Based on the foregoing justification, I hereby approve awarding a contract to MITRE Corporation on an other than full and open competition basis pursuant to the authority of 41 U.S.C. § 41 U.S.C. 3304(a)(3) as implemented by Federal Acquisition Regulation (FAR) 6.302-3 “Industrial mobilization; engineering, developmental, or research capability; or expert services” and competition need not be provided per

FAR Part 6.302-3(a) and (a)(2)(ii) “to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center,” subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

RIC SCHWEITZER Date

Contracting Officer, RAD-30

JOSH JORDAN Date

Director of Acquisition, RAD-30

Chief of the Contracting Office

TAMELA RIGGS Date

Competition Advocate http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3