JOFOC_-_CSX_Gulf_Coast_Study_160426.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

CSX Gulf Coast Study

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 contract on a sole source basis to CSX for the study of restoring passenger rail service along the Gulf of Mexico.

3. Description of Services: This study effort will include project management, infrastructure assessment and assumptions, rail traffic controller model updates, alternative scenario examination, and report composition.

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) 6.302-2, “Unusual and Compelling Urgency” and FAR 13.5 “Simplified Procedures for Certain Commercial Items.”

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited: Section 11304 of the Fixing America’s Surface Transportation (FAST) Act requires that the Secretary of Transportation convene a working group to evaluate the restoration of intercity rail service in the Gulf Coast region.

Additionally, not later than 9 months after the Act, the working group must submit a report to the Committee on Commerce, Science, and Transportation that covers the items in section 111304(d) of the Act. This procurement action carries out that report. The report is due in August (9 months after enactment). If this procurement were delayed, FRA would risk violating the Act.

6. Description of the Effort Made to Ensure that Offers are Solicited from as many Potential

Sources as Practicable: Given the short-term and urgent nature of the contemplated contracting effort, CSX will provide the best value for the FRA by reducing significant start-up costs in terms of accuracy, time, and funding related to acquiring operating data related to the rail line.

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: Market research was completed only to the extent required to comply with the

Act.

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 CSX personnel in regard to the services being requested.

10. A List of Sources, If Any that Expressed, in Writing, An Interest in the Acquisition:

This effort will support the FRA with the “Gulf Coast Working Group”, as described in Section

11304 of the FAST Act. No known offers of support have been received from outside contractors.

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: Depending on the nature of the results of the study, additional analysis of a broader array of options may become necessary opening a more logical effort to compete any follow-on efforts among a larger group of contractors.

12. Certifications: This justification is accurate and complete to the best knowledge of the undersigned.

Keith Boyea Date Contracting Officer, RAD-30