AASHTO_JOFOC_4.0_FE_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

The U.S. Department of Transportation’s (USDOT) Federal Highway Administration Headquarters (FHWA) Office of Acquisition and Grants Management (HCFA) 1200 New Jersey Avenue, S.E., Washington, DC 20590

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

Justification and approval to use other than full and open competition to award an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract for Operations Support Activities to the American Association of State Highway and Transportation Officials (AASHTO).

The primary objective of this prospective contract will be to assist the Federal Highway Administration (FHWA) in key program areas as they relate to the use of technology and knowledge for the development of policies and procedures within State Departments of Transportations (DOTs). It is envisioned these activities will provide benefits to the traveling public by optimizing the operations of State transportation systems. The total period of performance of the contract will be for a 5-year period.

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

Under the prospective contract, AASHTO will provide support to the following areas;

Standing Committee and Subcommittee Support – Staff and other support are to be provided to 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 for HOFM programs including but not limited to; truck size and weight research, operations, safety and regulatory issues; other freight programs supporting elements of Bipartisan Infrastructure Law (BIL).

The total estimated amount of this anticipated contract is $1,831,422.00 with an ordering period of 5 years.

4. Statutory authority permitting other than full and open competition

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1), which states, “An executive agency may use procedures other than competitive procedures only when----(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency…” That statutory authority is implemented in the Federal Acquisition Regulation (FAR) 6.302-1(b)(1)(i). Additionally, 23 U.S.C. 502(b)(3)(C) authorizes the Secretary to enter into contracts to carry out research, development, and technology transfer activities related to transportation with the American Association of State Highwayand Transportation Officials.

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

Given the politically sensitive nature of state governments, a national association with the technical and institutional knowledge, history and respect of the State DOT administrations is necessary to effectively provide the support needed for this effort.

Market research was conducted that examined four national associations (National Governors Association (NGA), Institute of Transportation Engineers (ITE), American Public Works Association (APWA) and AASHTO that may be capable of providing some of the required services. AASHTO was found to be the only national organization capable of providing support for the operations mission, to and through its members – the State DOTs. Unlike other national associations, AASHTO has a unique relationship with State DOT executives and technical staff that permit direct access to and influence on the decision makers and operators of transportation facilities, who will realize the benefits from the activities in this proposed contract. Privately held firms are not viable, because of the potential for conflicts of interest or vested opportunities as clients of the State DOTs.

Since the States own and operate the majority of the highway infrastructure that are the targets for improving operations, it is essential to be able to communicate and coordinate with executives, management, and staff throughout the State DOTs. This contract will provide the most effective means for the FHWA to acquire the knowledge to improve transportation operations nationwide, and it will aid and support the FHWA's overall transportation operations mission. While discrete parts of this requirement could be performed by other sources, none have the combined technical expertise, unique relationship with State DOTs, and standing within the transportation community that AASHTO does; it is on that basis that the FHWA is justified in awarding a contract, on a sole source basis to AASHTO.

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 Sources Sought Notice (SSN) was posted to GSA eBuy (ID: RFQ1620906), OASIS Unrestricted, and on Sam.gov (ID: 693JJ3-23-SS-0011)1 on April 14, 2023. All closed on April 26, 2023, to see if any other sources could provide the required service. As a result, five responses were received, four small businesses and one large business. All responses were reviewed by the Program Office to determine capability, of which, none were deemed capable of performing the necessary requirements. Specifically, the primary requirement under this announcement is the networking and contacts with all Chief Executive Officials (CEOs) for State DOTs. None of the respondents to the SSN were able to demonstrate expertise in this area. The chart in Section 10 provides a summary source list of the firms that expressed, in writing, an interest in the acquisition.

A notice of intent to sole source to the Government Point of Entry (GPE) website SAM.gov will be published upon approval of this JOFOC in accordance with FAR 5.201(b)(1)(i). This synopsis will inform potential sources of FHWA’s intent to award this sole-sources contract to AASHTO.

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

AASHTO’s proposal will be subjected to a detailed cost-and-price analysis. If that analysis reveals that any cost-and-pricing adjustments to AASHTO’s proposal are needed, those will be negotiated before any contract is awarded. Moreover, each invoice submitted by the AASHTO 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 fair and reasonable.

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

The proposed ID/IQ contract, Operations Support Activities by AASHTO is intended to provide a mechanism for promoting, enhancing and expanding the role of transportation systems operations within the State DOTs.

The primary market research technique employed was the SSN in Section 6, combined with an internet search of known organizations that provide similar services. As noted above, it was determined that no other entity has the capabilities possessed by AASHTO to fullfill the needs of the contract.

The American Association of State Highway Transportation Officials (AASHTO) is a nonprofit, nonpartisan association representing highway and transportation departments in the 50 states, the District of Columbia and Puerto Rico. It represents all five transportation modes: air, highways, public transportation, rail and water. Its primary goal is to foster the development, operation and maintenance of an integrated national transportation system. The membership of AASHTO is composed only of government entities, specifically, those departments or agencies of the States of the United States, 1 https://sam.gov/opp/5b6fe7d3a6254bebbc64985c4a610056/view