A16_JOFOC_Redacted_1.pdf

Last updated 6/2/2016

ATTACHMENT 2

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER THE MICROPURCHASE THRESHOLD (See FAR

Part 2) UP TO SAT (See FAR 13.106-1)

Date: _____12/10/2025___________________

PR Number: ____ _____________________

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

At Cuyahoga Valley National Park, the Federal Railroad Administration (FRA) conducted a safety inspection of the Cuyahoga Valley Railroad at Bridge 447 and identified multiple critical structural defects. FRA documented wide gauge, defective and deteriorated bridge timbers, loose tie plates, and loose spikes, and issued a 30-day deadline for corrective action under a known defect report.

Replacement of the defective bridge timbers cannot be performed using any off-the-shelf product. Each timber on Bridge 447 is a custom structural component, engineered and dapped (cut) to fit a specific location on the bridge. The Park and the Cuyahoga Valley Scenic Railroad (CVSR), the Park’s non-profit operational partner, located the original engineered drawings for Bridge 447 and coordinated their recertification to ensure they remained valid for fabrication of new timbers. This certification process required additional time.

Simultaneously, the National Park Service worked to secure project funding through the Federal Highway Administration. The estimated project cost is . Engineering review, funding approval, and manufacturer feedback confirmed that fabrication of new bridge timbers would require approximately 90 days, due to the specialized cutting, dapping, and structural design requirements.

To stabilize the track condition while funding and drawings were being finalized, the Park implemented temporary control measures. A contractor installed approximately 25 gauge rods and re-spiked the tie plates to help hold the track gauge. However, FRA formally stated that these actions do not constitute corrective measures. FRA specifically noted:

“As a reminder, gage rods are not considered a remedial action by FRA. The wide gage defects on the open deck bridge can only be corrected by re-gaging the rail, and the tie defects can only be corrected by replacing a sufficient number of bridge ties within the FRA allotted 30-days.”

In addition to railroad safety compliance, public safety hazards were identified. Bridge 447 spans the Cuyahoga River, which supports heavy recreational use, including kayaking and canoeing on the park’s designated river trail. Loose spikes, tie plates, or deteriorated timber fragments could fall from the structure onto visitors, posing risks of serious injury or death.

The National Park Service owns the rail line, while CVSR operates excursion services for park visitors, including the popular Bike Aboard program used by cyclists, paddlers, and hikers along the Towpath Trail and Cuyahoga River. CVSR’s operating season runs from February through December, leaving January as the only feasible window for full bridge timber replacement without shutting down service.

If the project extends into summer months, CVSR would incur significant revenue loss, impair operational sustainability, and disrupt visitor services throughout the park.

The scope of the required work now includes not only fabrication and installation of new bridge timbers but also installation of new 132-lb railroad rail across the bridge deck to ensure structural integrity, address the wide-gauge condition, and maintain compliance with FRA requirements.

2. Sole Source Justification rationale (Check one and explain below):

______ Only one responsible source.

__X___ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

______ Other _____________________________________________________

Explain: Given the FRA’s mandated timeline, the 90-day fabrication period, the threat to public and operational safety, and the restricted construction window, conducting full and open competition would cause unacceptable delays, expose the Government to enforcement action, and result in serious injury to the Government’s interests.

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest:

Market research for this requirement was necessarily limited due to the FRA-mandated 30-day corrective action deadline, the structural safety concerns, and the 90-day fabrication period required for custom-engineered bridge timbers. However, the National Park Service performed targeted market research to determine the availability of qualified firms capable of fabricating and installing the required materials within the allowable timeframe.

1. Custom Timber Fabrication Bridge 447 uses engineered, location-specific bridge timbers that must be:

cut to exact dimensional tolerances, dapped for placement on the bridge structure, and produced using certified engineering drawings unique to this bridge.

Through industry review and discussions with CVSR engineering staff, NPS confirmed that only a limited number of firms in the region fabricate custom railroad bridge timbers. Of these, most indicated fabrication lead times of 12–16 weeks, which would exceed the FRA compliance period and push construction into the rail operating season—an unacceptable delay that would result in operational shutdown and potential safety enforcement actions.

2. Railroad Bridge Specialists NPS reviewed previous contractors used by CVSR and other rail industry partners who perform:

bridge timber replacement, custom milling/dapping, rail re-gauging, and installation of 132-lb rail sections.

Many contractors with railroad experience do not fabricate timber in-house and rely on subcontracted specialty mills, which extend lead times beyond feasible limits. Only one known source verified the capability to fabricate custom timbers within the required 90-day timeframe and mobilize for installation during the January non-operational window.

3. Rail Material Availability Replacement rail (132-lb) is not a common off-the-shelf item in the region. Market checks determined that few suppliers maintain sufficient stock on hand, and many vendors require bulk orders or extended delivery schedules. The sole identified source was able to provide rail and associated hardware in the required quantity and within the repair schedule.

4. Safety and Work Window Constraints Competitive procurement for this type of work typically requires:

several weeks to develop specifications, solicitation advertisement, response periods, evaluations, and award processing.

Even with accelerated procedures, the time required for full and open competition exceeds the FRA’s mandated timeline and would delay work beyond the January work window, resulting in:

loss of railroad service for CVSR, inability to operate visitor programs (e.g., Bike Aboard), financial impacts to the park partner, and continued risk of structural failure or falling debris onto river users.

5. Summary of Market Research Findings Market research concluded:

Only one contractor identified could meet all the following simultaneously:

o Fabricate custom bridge timbers within the 90-day period o Install new bridge timbers and 132-lb rail within the January shutdown window o Meet FRA safety and compliance requirements o Mobilize quickly under emergency conditions

Attempting full competition would cause procurement delays of 2–4 months, which would:

o Violate FRA corrective action deadlines o Extend repairs into the active operating season o Create ongoing public and operational safety hazards

Therefore, the results of the market research support limiting the procurement to the only known capable and timely source under FAR 6.302-2, Unusual and Compelling Urgency.