2026-08-20_Justification for Other than Full and Open Competition_Redacted.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

Federal Highway Administration Headquarters, Office of Acquisition and Grants Management, 1200 New Jersey Avenue, S.E., Washington, DC 20590.

2. Nature and/or description of the action being approved

Justification and approval to use a brand-name specification (Rubberform Recycled Products, LLC) within the competed solicitation for project TX FW LGA 10(5).

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value)

The selected contractor is to purchase speed bumps directly from Rubberform Recycled Products, LLC. The total estimated amount of this anticipated contract item $ to be expended over a period of performance ending in October 2027. There are 13 speed bumps with an each cost of $ for a grand total of $

4. Statutory authority permitting other than full and open competition

The authority to enter into a contract for this effort without full and open competition is FAR 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

The design team performed extensive research to check if other suppliers of the same type of product were available and there was no other supplier that would meet the request from U.S.

Fish and Wildlife Service.The project has a requirement for speed bumps that can be secured into a gravel road and removed for maintenance. The product is required to be resistant to differential settlement and be easily removed by Refuge staff for maintenance and grading of the facility. The unique features of this product include a modular speed bump system with earth anchors that will minimize settlement, be more resilient to damage, and can be maintained by Refuge staff with available resources.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized

As required by FAR 5.102(a)(6), this Brand-Name Justification will be publicized on SAM.gov as an attachment to the solicitation when the construction project is advertised for bid.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The FHWA will ensure that all costs associated with the proposed contract are fair and reasonable.

The FHWA will perform a thorough analysis of the Offeror’s proposal to substantiate this determination.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

FHWA performed online searches for similar products and called suppliers. The following alternative products and manufacturers were evaluated:

Clearline Speed Hump was evaluated as a potential alternative but the gravel road installation included (6) six 18” smooth steel spikes required per section compared to the proposed products four threaded earth anchor system which is anticipated to be more efficient for maintaince of the systems.

Tapco (Trafficlogix) Speed Hump was evaluated but feeback received from the manufacturer indicated they did not have products that supporting installation in aggregate road surfaces.

Market research indicates that these products did not meet the intent of the project.

9. Other facts supporting the use of other than full and open competition

N/A

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. 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.

There are no comparable products available on the market. The market research performed concluded that no other products met the project’s intent of being securely mounted into aggregate surfacing while maintaining need for modular system with anchors that can be removed for maintenance.

12. Certification

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Emilio Burgos Project Manager Date

EMILIO BURGOS Digitally signed by EMILIO BURGOS Date: 2026.08.20 14:10:10 -06'00'

Jorey Deml, Contracting Officer Date

Digitally signed by Jorey Deml Date: 2026.09.25 09:56:24 -06'00'