Pages_from_JOFOC_ITE_v10.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY

ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) Headquarters, Office of Acquisition and Grants Management, 1200 New Jersey Avenue, S.E., E65-101, Washington, DC 20590.

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

The FHWA proposes to issue a modification to increase the ceiling amount of an existing Indefinite-Delivery, Indefinite-Quantity (IDIQ), Contract No. DTFH6116D00055, with the Institute of Transportation Engineers, Inc. (ITE) to provide “Operations Support Activities to Improve Transportation System Operations.”

The Federal Highway Administration (FHWA) Office of Operations (HOP) is responsible for initiating policies and programs, training and technology transfer to advance the operational practices and capabilities of State and local transportation agencies. This contemplated modification shall further HOP’s mission by allowing for the issuance of additional task orders for outreach to an extensive audience including, but not limited to: seminars, reports, workshops, brochures, congressional reports, and both in-person and online training courses.

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

The services anticipated to be issued as task orders under the increased ceiling include convening transportation practitioners from the State and local level, and engaging them in sharing experiences, practices and knowledge related to transportation management and operations, and influencing the practices and policies of local transportation agencies related to operations. The services shall also include providing support for transportation engineers and others involved in task-related activities by facilitating meetings and workshops, documenting meetings, developing reports and guidance and providing travel support services.

The following Task Areas shall be added to the overall scope of the contract:

• Education and Training Support: provide industry educational and training support geared toward advancing the state of knowledge among current and future transportation professionals in FHWA’s post-Interstate era.

• Technical and Programmatic Support: provide technical and programmatic support including, but not limited to, tasks such as: program design and monitoring support; economic and policy analyses; engineering, operational and systems analyses;

and other technical and programmatic support functions assigned by FHWA as needed, and relating to the improved management and operation of the surface transportation system.

• Industry Outreach and Industry Involvement: develop outreach and involvement approaches and materials customized to audiences (State DOTs, local transportation practitioners, owners and operators of transportation facilities, transportation engineers, planners, consultants, academia and researchers), especially focusing on local operating agencies.

• AASHTO Standing Committee and Subcommittee Support: provide the AASHTO Standing Committees and Subcommittees to aid FHWA in achieving its goals related to transportation operations.

• Freight Management and Operations Support: support, facilitate, coordinate, collaborate, conduct or manage research, outreach or communications related to research, analysis, surveys, data development or improvements, workshops/meetings/conferences/roundtables, and training.

• Intelligent Transportation Systems (ITS) Research Activities: provide support in other

ITS research areas, including safety, mobility and environmental program areas.

• Connected and Automated Vehicles Support: support, facilitate, coordinate, collaborate, conduct or manage research, outreach or communications related to research, analysis, surveys, data development or improvements, workshops/meetings/conferences/roundtables, and training including but not limited to Connected and Automated Vehicles (CAV).

The period of performance shall remain unchanged (September 23, 2016 – September 22, 2021). The total estimated amount of the prospective modification is $9.9M. The current ceiling under the IDIQ is $9.5M. The new estimated ceiling amount for this IDIQ is $19.4M.

4. Statutory authority permitting other than full and open competition

The Fixing America’s Surface Transportation Act (FAST Act) TITLE VI, Sec. 6008.

Intelligent Transportation System National Architecture and Standards continues SAFETEA- LU Title V, Subtitle C, Section 5307, state that “the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation systems technology …” Paragraph

(a) (3) states that “In carrying out this section, the Secretary shall use the services of such standards development organizations as the Secretary determines to be appropriate.”

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(5), FAR 6.302-5 " Authorized or Required by Statute." "A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source." This limits competition to Standard Development Organizations (SDOs) only.

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

ITE meets the statuary requirement for being an SDO and is also considered to be uniquely qualified to perform the new work anticipated to be ordered under the ceiling increase, as well as the work under the existing contract. ITE is a leader and a partner in mobility and transportation safety standards development worldwide.

On February 26, 2016, a Justification for Other than Full and Open Competition was posted on the Federal Business Opportunities (FBO) website informing the public of the FHWA’s need and its intent to issue a sole source Request for Proposal (RFP). No responses were received as a result of that notice. On July 20, 2016, the FHWA issued RFP No. DTFH6116R00024 to ITE.

Sole source award IDIQ Contract No. DTFH6116D00055 was awarded to ITE on September 21, 2016.

ITE is considered to be uniquely qualified to perform the potential work under the proposed contract due to its diverse membership, nationwide involvement in industry education and outreach, and its experience and access to a wide-ranging membership transportation professionals and practitioners. ITE’s membership is comprised of traffic engineers, transportation planners and other transportation professionals who are responsible for meeting the public’s need for safe and efficient surface transportation through planning, designing, implementing, operating and maintaining surface transportation systems worldwide.

Through a consensus-based program and as a partner organization, ITE plays a central and comprehensive role in creating harmonized solutions for the advancement of mobility. They may use volunteer participants and paid consultants in the development and/or modification of an ITS standard through participation in the working group assigned to conduct that effort. ITE has participated in the ITS standards program since the program’s inception in 1996. They have uniquely participated in the development of numerous ITS standards that fall within its area of expertise and is currently used throughout the United States. ITE also holds the intellectual property rights to their set of standards, which include: Traffic Management, Advanced Transportation Controllers (ATC), ATC Application Programming Interface (API), and ITS roadside cabinets, and are therefore the only source for these respective standards. These qualifications are even more critical in the near-term as the IntelliDriveSM program and its standards become more mature and focused on deployment.

ITE is also an international educational and scientific association of transportation professionals. ITE’s specific areas of focus are meeting mobility and safety needs; both of which align with HOP’s roles and responsibilities for congestion reduction, incident management, work-zone safety, and freight mobility. ITE is comprised of a community of nearly 17,000 transportation professionals including transportation engineers, transportation planners, consultants, educators, and researchers. ITE is a source for expertise, knowledge and ideas that HOP can tap quickly, efficiently, and effectively. No other association has such a wealth of resources and full alignment with HOP’s responsibilities, requirements, and needs.

For the above reasons, ITE is considered to be uniquely qualified to satisfy FHWA’s existing and upcoming needs due to its diverse membership, nationwide involvement in industry education and outreach, and its experience and access to transportation professionals and practitioners. ITE has demonstrated the capability to accomplish FHWA’s two main objectives.

First, ITE has shown the ability to develop standards primarily in the areas of traffic management, advanced transportation controllers, ATC Application Programming Interface, and ITS roadside cabinets, and National Transportation Communications for ITS Protocol.

Second, ITE has demonstrated the ability to improve transportation systems operations through industry education and training support, technical and programmatic support as well as industry outreach and involvement to an extensive audience comprised of State and local transportation professionals and practitioners, owners and operators of transportation facilities, transportation engineers, planners, consultants, academia and researchers. As such, ITE is the only organization that is capable of performing the “Operations Support Activities to Improve Transportation System Operations” effort; no other known entity can successfully perform all portions of the work required under this contract.

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

A ‘Notice of Intent’ was posted on the Government Point of Entry FBO website on October 23, 2017. The notice of intent served as FHWA’s effort to inform and gather information on other potential offerors. One response was received. See section 10 for more information. In accordance with eligibility requirement of the statue, no SDOs responded to the posting.

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

Any proposal received under this contract is subject to a detailed cost and price analysis prior to award. If the cost and price analysis reveals that any costs are not fair and reasonable, discussions will occur before task orders are awarded. Moreover, each invoice submitted during the life of the contract will be scrutinized for allowability, allocability, and reasonableness of billed costs. These procedures will ensure that the anticipated cost to the Government is, and will remain, fair and reasonable.

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

Because of the highly-specialized nature of the required work, and due to the unique qualifications required, this acquisition cannot be made commercially through a catalogue purchase. The agency knows of no other sources that have the specialized capabilities possessed by ITE. The agency’s dissemination of an extremely broad notice concerning the proposed contract (as described in section 6 above) fully satisfies any requirements for market research.

Market research indicates that ITE is the only SDO company that can provide the services required.

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

No other facts are needed and none are known.

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

This ‘Justification for Other than Full and Open Competition’ uses the statutory authority of the FAST Act to limit competition to SDOs. Interested entity, Devine Professional Consulting Group, submitted their capability statement in response to FHWA’s “Notice of Intent.” Upon review of their capability statement and review of their website, the Contract Specialist determined that Devine Professional Consulting Group is not an accredited SDO. The Contract Specialist reached out to Devine Professional Consulting Group on two separate instances to clarify that limitation of the statue for this particular work. No response was ever received from Devine Professional Consulting Group.

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.

The FHWA will conduct thorough market research prior to issuing any future solicitations for similar work. FHWA will also continue to stay informed with industry and key federal partners in the development of future activities. Finally, FHWA intends continue its practice of issuing a sources sought notice prior to issuing a solicitation to further support its market research findings in the future.