Single Source Justification.pdf

Single Source Justification (Simplified Acquisition)

CONTROLLED UNCLASSIFIED INFORMATION

November 2018 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 2

Section A: General Contract Information

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: 374th Contracting Squadron/Specialized Flight (374 CONS/PKS)

Project/Program Name: FY24 Sidetrack Inspection and Electric System Maintenance at U.S. Government Sidetrack No. 342 and 343, Tsurumi

Purchase Request / Local ID Number: Military Interdepartmental Purchase Request (MIPR) No. SC06002400572

Estimated Contract Cost (including Options): $27,000.00

Section B: Description of the Supplies/Services Required

The Contractor shall furnish all labor, materials, transportation, equipment, supplies, management, and supervision necessary to inspect sidetracks and maintain electric systems at U.S. Government Sidetrack No. 342 and 343, Tsurumi.

This sidetrack in used for rail car staging and transportation POL products by Tsurumi Fuel Terminal.

Japan Freight Railway Company (JFRC) will provide the following services:

(1) Inspection services of roadbed portion to ensure electrical devices are maintained in good condition; the required services include, but are not limited to, safety patrolling, inspection of track irregularity, switching device, regular tie, ballast, rail, and other materials.

(2) Inspection and maintenance of electrical systems to ensure electrical devices are maintained in good condition; the required services include, but are not limited to, inspection and maintenance of signal equipment, switching devices, iron conduit systems, railroad crossing safety equipment, interlocking devices, signal lines, power source, circuit track, electric power devices, and telecommunication devices.

(3) Emergency repair in the event that a sudden, unforeseen happening which requires actions to correct or to protect lives and/or properties, JFRC may be directed to perform emergency repairs in accordance with JFRC's rules and regulations.

Section C: Justification for Soliciting from a Single Source or Brand Name

(1) The sidetracks are used for rail car staging and transporting POL products by Tsurumi Fuel Terminal. The requirement is to conduct inspection of sidetracks and maintenance of electrical systems. JFRC has been performing the services including the current contract FA520923P0049, which was awarded based on a sole source requirement. The contract was awarded on 1 Apr 2023 and will expire on 31 Mar 2024. The inspection of sidetracks and the maintenance of electrical systems are unique services. Japanese Railway Business Law has given responsibilities for inspection of sidetracks and the maintenance of electrical systems of connecting sidetracks to the owner of main rail lines. The U.S.

Government owns the sidetracks and electrical equipment which are directly connected to the JFRC main rails and electrical systems. This requirement is for safety inspection of roadbed and electrical systems including maintenance of electrical systems for sidetracks, which are connected to the JFRC-owned main rails. Therefore, JFRC requires direct control over these tasks because they affect the entire JFRC rail system. On 01 Apr 1987, the Japan National Railways was privatized and became known as JFRC. In 1987, the U.S. Government entered into an agreement with JFRC which states that maintenance and inspection shall be performed in accordance with the JFRC's specification and standards (See Attachment 1, Agreement Between the United States of America and the Japan Freight Railway Company for Handling Military Sidetracks.) In accordance with Supplementary Agreement on Agreement for Handling Military Sidetracks, paragraph 5 of the agreement, JFRC shall perform inspection and electrical maintenance work. Each year JFRC, the requiring activity's representative, and contracting representatives make a joint site survey to identify what must be repaired in the coming year. The repairs are necessary to keep the sidetracks in good operational condition for transporting freight by railway tank cars to preclude any accidents that may occur. Therefore, this acquisition will be a follow-on contract for continued performance of a highly specialized service.

CONTROLLED UNCLASSIFIED INFORMATION

November 2018 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 2

(2) As the owner of the main rail system that the sidetracks are connected to, JFRC is responsible for having direct control over the inspection services under the Japanese Railway Business Law. JFRC is a designated party to have direct control for maintenance of sidetrack electric system under the said agreement between the U.S. Government and JFRC.

It is the Contractor's unique/highly specialized qualifications.

(3) Requiring Activity, Navy Supply Systems Command Fleet Logistics Center Yokosuka (NAVSUP FLCY) requests that JFRC is the only responsible company that can provide services properly for this requirement (See Attachment 2, RA Sole Source Justification). The 374th Contracting Squadron believes that the award to any other sources would result in noncompliance with the applicable local Japanese law and unacceptable delays in fulfilling the U.S. Government's requirements. It is unknown if the applicable law would be modified for other entities to be allowed to perform the services. The delay in awarding the follow-on contract would affect transporting fuel products to Yokota Air Base.

(4) Accordingly, JFRC is the only firm capable of providing the supplies and services described in Section B above without the U.S. Government experiencing unacceptable delays in fulfilling its requirements. This contract will be awarded pursuant to FAR 13.106-1(b) for the FY24 period from 01 Apr 2024 to 31 Mar 2025.

Section D: Efforts to Obtain Competition

The proposed contract action is exempted from synopsizing requirement in accordance with FAR 5.202(a)(12) because the proposed contract action is by a Defense agency; the proposed contract action will be made and performed outside the United States and its outlying areas; and only local sources who have proper authorization to perform in the country of Japan will be solicited since this service will be made and performed in Japan in its entirety. However, it is posted on the Contract Opportunities site, the Government Point of Entry, at https://sam.gov/content/home.

Section E: Steps to Preclude Future Single Source or Brand Name Awards

(1) A market survey, in accordance with FAR Part 10, will continue to be conducted by posting the proposed acquisition on the Contract Opportunities site, advising industry of the pending acquisition and soliciting inquiries from interested parties.

(2) Performance Work Statement is developed to be suitable for full and open competition if there are any other sources who are capable of performing the services in compliance with the JFRC rules and regulations.

Section F: Contracting Officer's Determination

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Date

15-Mar-2024

Typed Name and Rank/Grade of Contracting Officer

Takahiro Tsukada/BWT 1-7/Contracting Officer

Signature of Contracting Officer

November 2018 Page of Section A: General Contract Information Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Section B: Description of the Supplies/Services Required Section C: Justification for Soliciting from a Single Source or Brand Name Section D: Efforts to Obtain Competition Section E: Steps to Preclude Future Single Source or Brand Name Awards Section F: Contracting Officer's Determination I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

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and 343, Tsurumi