693JK321R0001 Sole Source Justification Final (Signed).pdf

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed contract using other than full and open competition pursuant to the authority of 41 U.S.C. 3304(a)(5).

JUSTIFICATION

1. Agency & Contracting Authority:

U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Acquisition Services Division, PHF-20.

2. Nature of Action Being Approved:

Approval for a new contract without providing for full and open competition.

3. Description of Supplies or Services:

The “Consolidated Appropriations Act, 2021, P.L. 116-260 requires the Secretary of Transportation to enter into an agreement with the of the National Academies of Science (NAS) to conduct a study of potential methodologies or standards for the installation of automatic or remote-controlled shut-off valves on an existing pipeline in high consequence areas. The National Academy of Sciences (NAS) will accomplish this by forming an ad hoc committee comprised of subject matter experts (SME) having the requisite experience and shall consult with Federal, State, and local governments, private sector entities, and consumer and pipeline safety advocates, as appropriate. This study will examine the safety, regulatory requirements, techniques, and best practices for the addition of RCVs or ASVs on existing pipelines. It will review applicable Federal, State, and local regulatory requirements, techniques and best practices relating to the design, installation, operation, and maintenance and the costs and benefits, including safety benefits, associated with such applicable regulatory requirements and the use of such techniques and best practices.

The estimated total cost of the project is $800,000. Funds are currently available to fully fund this requirement at the time of award.

4. Statutory Authority:

41 U.S.C. 3304(a)(5), “…a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source…”.

The “Consolidated Appropriations Act, 2021’’, P.L. 116-260 requires the Secretary of Transportation to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study of potential methodologies or standards for the installation of automatic or remote-controlled shut-off valves on an existing pipeline in high consequence areas.

The well established status of the National Academy of Sciences as a noncompetitive source of scientific research and policy advice to the Government derives from its creation by Congress in 1863 (36 U.S.C. 150301, et seq.).

The NAS has the unique ability to assemble the Nation’s most eminent scholars, who serve as volunteers on committees and boards, which are then able to render scientific advice and related policy guidance of the highest quality and unparalleled objectivity to address national problems of high priority.

Given the above, it is necessary and proper that NAS be awarded the contract to conduct the required study as directed by Congress under the PIPES Act.

5. Synopsis or Other Efforts for Identification of Sources:

Not Applicable.

6. Determination of Fair and Reasonable Anticipated Cost

The proposed costs for the effort will be analyzed in detail by the Contacting Officer to ensure that they are realistic, fair, and reasonable. Previous work on other earlier contracts with the NAS and an independently determined cost estimate will be reviewed and used as a benchmark to ensure costs are fair and reasonable.

7. Market Survey

A formal market survey was not conducted for this effort. PHMSA was directed by Congress to in the “Consolidated Appropriations Act, 2021, P.L. 116-260 to enter into an agreement with the National Academy of Sciences, thus designating it as the mandatory source for these services.

8. List of Other Interested Sources

The proposed contractor is the only qualified source for these services.

9. Future Plans to Permit Competition:

The Government has no plans to permit future competition.

TECHNICAL AND REQUIREMENTS CERTIFICATION ((FAR 6.303-2(B))

I certify that the facts and representation under my cognizance which are included in this justification and which form a basis for this Justification are complete and accurate.

Joshua Johnson Contracting Officer Representative

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12)) I certify that this justification is accurate and complete to the best of my knowledge and belief.

Ben Patterson Contracting Officer