693JJ619P000023_MFCP_Sole_Source_JandA.pdf

U.S. Department 1200 New Jersey Ave., S.E.

of Transportation Washington, D.C. 20590 Federal Railroad Administration

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

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

Administration (FRA), Office of Acquisition and Grants Services, 1200 New Jersey, Avenue, SE Washington, DC 20590.

2. Action to be Approved: The FRA intends to award a purchase order on a sole source basis to

Motion & Flow Control Products Inc. (MFCP) for a custom 500-gallon, Custom L-Shaped design HPU and Controls hydraulic system to meet the technical requirements for the Simuloader in the Rail Dynamic Laboratory at the Transportation Technology Center.

3. Description of Services: The MFCP Hydraulic System will first and foremost monitor the sensors for critical conditions. External e-stop functionality, oil temperature shutdown, low oil level shutdown, broken hose and any other requested conditions can be shutdowns.

The main functionality of this system will be targeted at correctly balancing the flow requirement among a minimum number of pumps and evenly loading them over time to keep hour load balanced. The use of a variable frequency drive allows for a variable amount of flow from each pump. Finally, for remote input, a 0-10VDC signal will see some degradation over that long of a wire run, and you will lose a fair amount of accuracy. For this reason, the designed system included modules for translating CAN messages (digital signals) to output 0-10VDC locally close to the remote location so there won’t be degradation.

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

§ 253(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

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

Acquisition Requires Use of the Authority Cited: Transportation Technology Center Inc.

(TTCI) has used MFPC their engineering services to design the system that meet the requirements of the MSU machine. Also in 2018, TTCI purchased two HPU’s from MFCP and has been delivered to TTC and awaiting installation. This purchase will be the third 500-gallon, Custom L- Shaped Hydraulic Pump Unit (HPU) and Controls that are needed to complete and retrofit the SMU. Based on our analysis, the SMU is unique machine to the rail industry that provides full-scale testing at TTC. We have determined that to re-design the HPU for this project by another supplier would conservatively add at least 250 man-hours for the re-design engineering including;

mechanical design, layout, component sourcing and controls design including wiring layout design at market engineering rate. This would equate to $37,500 of additional cost for this effort.

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

Sources as Practicable: A Notice of Intent to Sole Source was posted on FBO on June 25, 2019 with a closing date of June 27, 2019. No responses were received.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be fair and Reasonable: The contracting officer will perform a price analysis of the contractor’s quotation using a combination of the techniques provided under FAR Subpart 15.404-1 to determine that all proposed costs are fair and reasonable.

8. Market Research: There are no other known vendors in Colorado deemed capable of meeting

FRA’s technical requirement for the purchase of the HPU as well as MFPC, Inc., without a tremendous amount of duplication of effort. However, the FRA will continue in its efforts to identify alternative sources through market research.

9. Other Facts Supporting the Use of Other Than Full and Open Competition: FRA is unable to use full and open competition for this purchase order due to the uniqueness of the MSU machine and TTCI has already purchased two HPU from MFCP for the MSU.

10. A List of Sources, If Any that Expressed, in Writing, An Interest in the Acquisition: A Notice of Intent to Sole Source was posted on FBO on June 25, 2019 with a closing date of June 27, 2019.

No responses were received.

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:

The agency will continue to conduct market research subsequent acquisition for evaluation related supplies to remove or overcome barriers to competition.

12. Certifications

Technical Requirements Certification:

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

Luis Maal

COR, RPD-31

APPROVAL

Based on the foregoing justification, I hereby approve awarding a purchase order to IBR on an other than full and open competition basis pursuant to the authority of 41 U.S.C. § 253(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, " Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Moyah Wilson Date Contracting Officer, RAD-30

Federal Railroad