UDel_sole_source_2019.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 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 University of Delaware (UDel) for “Relationship Between Track Geometry Defects and Measured Track

Subsurface Condition Phase II”.

3. Description of Services: This research and development effort is a continuation of work begun under DTFR53-13-C-00066 and DTFR53-16-C-00021. This research will build upon the Big Data analysis methodology and tools developed and implemented on the recently completed BAA, and will develop relationships between inspection parameters, from the different subsurface and surface inspection technologies being developed by

FRA, and the development of track geometry defects. This in turn will allow for identification of track locations with high potential for development, growth and propagation of track geometry defects and the investigation into the increased probability of a geometry defect based on ballast subgrade conditions that precede the development of a geometry defect. The inspection technologies to be examined include Ground

Penetrating Radar (GPR) and Vertical Track Deflection Measurement System (VTDMS), i.e., M-Rail.

The objective of this activity is to further develop and demonstrate an analytic model for the identification of track locations with high rate of track geometry degradation based on key subsurface measurement parameters such as GPR and M-Rail, and the subsequent probability/risk of developing a safety related track geometry issue. The intent is to develop a set of analysis algorithms of sufficient robustness and reliability as to accurately (with a high degree of statistical certainly) identify these locations which have the potential of rapidly degrading and developing unsafe track geometry conditions, in particular, rates of occurrence that exceed practical inspection intervals. The model will be capable of addressing inherent non-homogeneities in the track, to allow railways to better understand where and when track geometry defects may initiate, or reoccur at a high frequency. It will also look to identify different subgrade conditions that allow for different rates of track geometry degradation, with a focus on identifying those with high or very high rates of degradation.

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 was developed as part of

DTFR53-13-C-00066 and DTFR53-16-C-00021and, based on our analysis, is unique to the rail industry. No other technique, or source for this technique, is available to the FRA. To re-develop this this research 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 FBO on August 15, 2019 with a closing date of August 30, 2019. 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 UDel’s process and test results. There are no other known vendors at this time deemed capable of meeting

FRA’s requirement for the Big Data analysis methodology and tools developed and implemented on the past completed BAA and recently completed DTFR53-16-C-00021. 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 University of Delaware 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 FBO on August 15, 2019 with a closing date of August 30, 2019. 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.

Hugh Thompson Date

APPROVAL

Based on the foregoing justification, I hereby approve awarding a contract 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