BBZR Sole Source.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

Balfour Beatty/Zetica Rail to implement an event-driven GPR data processing and reporting system on the FRA DOTX-220 inspection car to provide trackbed inspection data to complement the track geometry exception data currently reported.

3. Description of Services: This research and development effort is a continuation of work begun under DTFR53-11-D-00008L-TO-357-Ground Penetrating Radar (GPR)

Technology Evaluation and Implementation and 693JJ618C000014 GPR Analysis.

Objectives of Task Order 357 included assessment of GPR performance criteria, development of GPR performance guidelines, GPR system procurement, and GPR data processing and analysis, and for 693JJ618C000014 GPR Analysis, those objectives include testing, analysis, licensing, and support of the GPR system for the DOTX22O.

The GPR service provider used for TO 357 and 693JJ618C000014 is responsible the

GPR system and associated software installed on the DOTX220, and as such, the government desires to continue the data processing and analysis of the previous project for research efforts as well as for revenue service operations of the DOTX220. The existence of the GPR equipment, and the existing data from previous testing, all support continuation of the data collection, processing, and analysis of the previous project as a sole source solicitation, since no other provider has access to all the elements needed for success of the project.

The proposed new project will conduct similar testing, data collection, data processing, and analysis on revenue service track, while focusing specifically on fouled ballast zones nationwide. The purpose for this is to understand the nature and extent of a detectable trackbed defect associated with the track geometry exceptions, and to measure the thickness of clean ballast. This will provide a better understanding of the influence of moisture and fouling on track ballast performance.

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: This research and associated GPR equipment and software (inclusive of proprietary algorithms) was developed as part of DTFR53-

11-D-00008L-TO-357, continued under 693JJ618C000014, and, based on our analysis, is unique to the rail industry. No other techniques, or source for these techniques, are available to the FRA.

To re-develop past efforts through a new research project with a different supplier would be cost prohibitive.

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 Beta.SAM on July 29, 2020 with a closing date of August 13, 2020. 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: FRA has invested considerable resources in research and analysis of Balfour

Beatty/Zetica processes, data analysis, and system hardware. There are no other known vendors at this time deemed capable of meeting FRA’s requirement for investigations into the characteristics of fouled ballast, and near real time processing as determined by GPR. However, the FRA will continue in its efforts to identify alternative or additional sources through peer discussions and other types of 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 specialized knowledge and experienced possessed by Balfour Beatty/Zetica Rail personnel in regard to the services being requested.

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 Beta.SAM on July 29, 2020 with a closing date of August

13, 2020. 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 and/or advertise subsequent acquisition for evaluation related supplies or services 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.

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.

Devona Jackson Date

Contracting Officer, RAD-30