JOFOC.pdf

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 Ave SE, Washington, DC 20590.

2. Action to be Approved: The FRA intends to negotiate and award a cost‐no fee research and development contract with the University of California‐Irvine for a research project titled, “Hybrid Solid Oxide Fuel Cell Powered Locomotive: Prototype Design and Technology Partner Development.” This project was submitted via Unsolicited Proposal procedures in FAR 15.6.

3. Description of the Services: The University of California‐Irvine has, with the support of various California state agencies, researched the feasibility of using ultra‐high efficiency and ultra‐low emissions Solid Oxide Fuel Cell (SOFC) technology in locomotives. Previous research has suggested that hybrid Solid Oxide Fuel Cell Gas Turbine systems can be designed to power a locomotive and can be controlled and operated in a manner that can power locomotives in a typical service. The goal of the proposed effort is to conduct prototype design analyses and identify and work with technology partners to plan and prepare for prototype testing of the hybrid SOFC locomotive concept.

4. Authority Cited: The statutory authority permitting other than full and open competition of these services is contained in 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" [48 C.F.R. 6.302‐1 (1989)]. Specifically, 6.302‐1(a)(2)(i), “Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a unique or innovative concept, or, demonstrates a unique capability of the source to provide particular research services proposed. The vendor for this effort is the University of California, Irvine at the National Fuel Cell Research Center.

5. Reason for Authority Cited: This authority cited is cited in accordance with the Unsolicited Proposals section at FAR 15.6. The Federal Railroad Administration reviewed the content of the unsolicited proposal and found that it contained the required information at FAR 15.605 and that it met the criteria for evaluation at FAR 15.606‐2 and acceptance at FAR 15.607. The evaluation of the proposal showed that it was unique and innovative, it had high technical merit, it contributed to FRA’s mission, the offeror’s capabilities were appropriate for the effort and the proposed cost appeared realistic. The proposal was accepted as similar research was not available to the FRA from another source, and it did not resemble a pending competitive acquisition requirement. Additionally, the requirements at FAR 5.2 were met.

6. Description of Efforts to Solicit from as many sources as practicable: In accordance with FAR part 5, a synopsis of the proposed project was synopsized through the government wide point of entry on 22 May 2015.

7. Contracting Officer’s Justification of fair and reasonable costs: Prior to award, the costs will be justified by the contracting officer as fair and reasonable. There is no fee associated with this contract.

8. Market Research: The following market research was conducted:

‐ FRA published a synopsis of the proposed action on 22 May 2015 and no interested vendors replied.

‐ The contracting officer queried the Governmentwide database of contracts and procurement instruments but was not able to identify any possible vendors.

9. Other Facts: None.

10. Interested Sources: None.

11. Steps to remove barriers to competition: None. The Federal Railroad Administration welcomes unsolicited proposals.

12. Technical/Requirements Certification: I certify that this justification is accurate and complete to the best of my knowledge.

Keith Boyea Date Contracting Officer