JOTFOC_693JJ323R000003.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION (FHWA)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

“Professional Services for the Federal Highway Administration’s Support of the National Cooperative Highway Research Program (NCHRP) and Transportation Research Board (TRB)”

1. Identification of the agency and the contracting activity.

Federal Highway Administration (FHWA), Office of Acquisition and Grants Management, 1200 New Jersey Avenue, S.E., Washington, DC 20590.

2. Nature and/or description of the action being approved.

Justification and approval to use other than full and open competition to award a follow-on contract to National Academy of Sciences (NAS), Transportation Research Board (TRB), to continue to provide technical support and conduct research activities under the National Cooperative Highway Research Program (NCHRP) and other programs within TRB to include special studies, reviews and conferences, and special projects.

The current award 693JJ318D000012 expires in July 2023 and FHWA has determined the need for continued NAS support for an additional five-year period of performance.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

The planned follow-on contract will support FHWA’s continued participation in the research activities of the NCHRP and other programs in TRB. FHWA has participated in the tri-partite program, NCHRP, along with American Association of State Highway Transportation Officials (AASHTO) and NAS, since 1962. NAS is the organization responsible for administration of the NCHRP. Administration of the NCHRP requires an organization with a highly qualified and broad technical staff, and existing committee structure, and close working relationships with transportation research academia as well as public and private sector organizations. NAS is uniquely capable of administering the NCHRP due to its independent and highly qualified committee structure, which includes many of the nation’s foremost transportation experts. FHWA knows of no other program that affords such a partnership between State, Federal and private sector transportation experts and NAS is the only known source with the required expertise, objectivity, relationships with AASHTO, FHWA and transportation research academia, as well as efficient procedures to effectively administer this program.

Under an existing sole source cooperative agreement with NAS, FHWA obligates collected State Planning & Research (SP&R) funds for the NCHRP. On occasion, FHWA determines the need to provide FHWA funding to selected NCHRP research projects that are of particular interest to the agency. In those cases, FHWA issues task orders to NAS under the current contract 693JJ318D000012 with NAS. This approach enables FHWA to leverage its research dollars by participating jointly in the funding of selected NCHRP projects to achieve common research objectives without duplication of effort. The planned follow-on contract award to NAS will enable that process to continue for the next five years in support of the NCHRP. In addition to supporting NCHRP projects, the planned contract will support the contractor’s conduct of special studies, reviews, conferences, and special projects as defined by task orders. Research areas under this contract may include:

(1) Highway planning, financing, and administration;

(2) Highway and bridge design, materials, construction, roadside development and barrier systems; and,

(3) Traffic operations and control, illuminations and visibility, traffic planning, and safety.

The results of this research will be used by FHWA to further its core missions of maintaining and improving the Nation’s highway infrastructure and promoting highway safety.

The ceiling amount of this anticipated contract is $9,000,000, to be expended over a five-year period of performance. Award of a cost reimbursement Indefinite-Delivery- Indefinite-Quantity (IDIQ) contract is planned. The program office submitted Procurement Request HRTM10230007PR which commits FHWA funding of $450,000 to be obligated to the first task order (to be awarded concurrently with the base award). The remainder of funding is designated as subject to availability.

4. Statutory authority permitting other than full and open competition.

Statutory authority for this action is provided by 41 U.S.C 3304(a)(1) as implemented in Federal Acquisition Regulation (FAR) Part 6.302-1 (a)(2), which states “When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

There are six major divisions of the National Research Council and TRB is one of them.

A private and nonprofit organization, TRB provides services to the Government and public. TRB engages more than 7,000 engineers, scientists, and other transportation researchers from the public, private sectors, and academia. This broadens the area of expertise and supports the interest of many by participating on TRB committees, panels, and task forces.

NAS/TRB performs an unparalleled public service by bringing together committees of experts in all areas of transportation research. NAS/TRB possesses a unique capability for establishing partnerships with agencies, industries, and other institutions, have an javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') experienced staff, and a demonstrated ability to organize, develop, and provide feedback on programs from a strategic perspective.

NAS/TRB exercises institutional control over the selection of members of committees.

This control ensures the selection of highly qualified technical people providing a broad range of views, and organizations, both public and private, representing a full spectrum of thoughts in the subject area. NAS/TRB facilitates the sharing of information on transportation practice and policy by researchers and practitioners; stimulates research and offers research management services that promote technical excellence; provides expert advice on transportation policy and programs; and disseminates research results broadly and encourages their implementation. Other than NAS/TRB, no other organization has this depth of transportation related technical expertise at its disposal.

Only NAS/TRB can provide the essential characteristics needed by FHWA to successfully carry out the activities and objectives of the NCHRP and perform defined special studies, reviews, and conferences.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized.

The statutory authority for this action is provided by 41 U.S.C 3304(a)(1) as implemented in Federal Acquisition Regulation (FAR) Part 6.302-1 (a)(2). A special notice of the Government’s intent to sole source will be posted at Sam.gov under Contract Opportunities (formerly FedBizOpps) after the Justification for Other than Full and Open Competition and acquisition plan have been approved.

7. Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

FHWA will ensure that all costs associated with the proposed contract are fair and reasonable. FHWA will perform a thorough analysis of the Offeror’s proposal to substantiate this determination.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted.

The Office of Corporate Research, Technology, and Innovation Management is the program office responsible for developing, coordinating, and evaluating FHWA’s highway research initiatives and is aware of the field of potential sources for work in this area. Due to the nature of this requirement, specifically the agency’s intent to continue participation in the research activities of the NCHRP, a formal sources sought notice was not issued.

The planned procurement was posted on USDOT’s procurement forecast, and no inquiries or responses have been received. The forecast notice is available online (Procurement Forecast Opportunity-222701-2023-091 | US Department of Transportation, Sequence Number 2023-091).

9. Other facts supporting the use of other than full and open competition.

Congress chartered NAS in 1863 to “...investigate, examine, and report on any subject…whenever called upon by any department of the Government.” Over the ensuing years, NAS has become the repository of broad, comprehensive transportation research and development. It also collects and disseminates scientific and technical information within the United States and abroad, in cooperation with Federal, State, and other agencies. The nation's leaders have often turned to NAS for advice on the scientific and technological issues that frequently pervade policy decisions. This non-profit organization provides a public service by working outside the framework of government to ensure independent advice on matters of science, technology, and medicine. They enlist committees of the nation's top scientists, engineers, and other experts, all of whom volunteer their time to study specific concerns. The results of their deliberations have inspired some of America's most significant and lasting efforts to improve the health, education, and welfare of the population.

NAS has the prestige and recognition to administer the NCHRP and other programs within TRB. TRB is the recognized expert in guiding the collaboration of technical experts in the field of transportation including traffic and safety; construction and materials; design; environment, energy, and planning; and maintenance and preservation.

Accordingly, award of a sole source contract to NAS, a non-profit organization, will result in emphasis on good technical results from the highest levels of academia, without being profit motivated. No other known source possesses the unique characteristics described above.

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

There are no other known interested sources at this time.

11. Statement of the 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 knows of no barriers to competition, and there is no known need to remove or overcome any such impediments.

https://www.transportation.gov/procurement-forecast-opportunity/procurement-forecast-opportunity-222701-2023-091 https://www.transportation.gov/procurement-forecast-opportunity/procurement-forecast-opportunity-222701-2023-091