JOTFOC SCI Eastern.pdf

U.S. Department of Transportation

National Highway Traffic Safety Administration

Justification for Other than Full and Open Competition (JOTFOC)

Bridge Contract – Special Crash Investigation (SCI) Program (Eastern Region) Authority: 41 U.S.C. 3304(a)(1) and FAR 6.302-1, Only One Responsible Source

1. Identification of Agency:

The agency for this acquisition is the U.S. Department of Transportation (DOT), National Highway Traffic Safety Administration (NHTSA), Office of Acquisition Management (OAM), 1200 New Jersey Avenue SE, Washington, DC 20590.

2. Description of Action:

NHTSA proposes to award a new sole-source bridge contract to Crash Research and Analysis, Inc. (CRA) under the authority of 41 U.S.C. 3304(a)(1) and FAR 6.302-1, Only One Responsible Source. The current contract expires on August 11, 2025. This bridge contract will ensure uninterrupted support for the Special Crash Investigation (SCI) Program in the Eastern Region of the United States.

The anticipated period of performance includes a 12-month base period and one 12-month option period. This bridge action is required to maintain mission-critical SCI operations while NHTSA completes the competitive acquisition process for the follow-on requirement.

3. Description of Supplies/Services and Estimated Value:

NHTSA requires continued support for the Special Crash Investigation (SCI) Program, which pursuant to 23 U.S.C. § 403 collects, in-depth motor vehicle crash investigation data that supports the agency’s mission, including traffic safety and motor vehicle safety research, Federal Motor Vehicle Safety Standards (FMVSS), and safety defect investigations. The SCI Program also supports NHTSA’s statutory responsibilities under 49 U.S.C § 30166, which authorizes the collection of information and investigations of motor vehicle safety defects and recalls.

Under this bridge contract, the contractor will:

• Conduct approximately 70 comprehensive crash investigations annually in the Eastern Region of the United States, as defined in the contract.

• Collect and analyze detailed crash-related data, including vehicle systems, safety features, occupant injuries, roadway factors, and crash dynamics.

• Prepare written investigation reports and submit all required data to NHTSA in a timely manner to meet statutory safety mandates.

The anticipated period of performance includes a 12-month base period, one 12-month option period, and one 6-month extension. The estimated value for this bridge contract is $1,961,410.35.

4. An identification of the statutory authority permitting other than full and open competition.

41 USC 3304(a)(1) and FAR 6.302-1(b)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, permits NHTSA to use other than competitive procedures for this requirement. CRA is the only source capable of continuing these mission critical services without disruption due to their established infrastructure, proprietary data systems, and specialized expertise in supporting NHTSA’s SCI program.

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

Nature of the Acquisition Requires Use of the Authority Cited:

The SCI program collects critical crash investigation information related to motor vehicle safety issues that help inform the agency’s mission and decision making on a variety of safety topics. SCI investigators identify crash investigations in near real time and attempt to investigate as soon as possible. This rapid response to crash investigations enables NHTSA to obtain critical safety data quickly and prevent the potential loss of data that may occur due to the lapse in time from the date of a crash. CRA has experience in conducting complex crash investigation in a challenging environment and expeditious manner. Its principal investigators at CRA have over 25 years of expertise in motor vehicle crash investigation, which requires highly specialized crash investigation knowledge, advanced technical skills, and the ability to respond rapidly to motor vehicle crash events. CRA has significant corporate experience in conducting motor vehicle crash investigations generally and, specifically, in support of the SCI program. Each year, CRA collects thousands of data elements pertaining to crash vehicles, occupants, injury sources, roadway configurations, and safety systems. This data supports NHTSA’s traffic and vehicle safety research, rulemakings and safety related investigations. CRA has investigated hundreds of motor vehicle crashes and developed the infrastructure, technical processes, and proprietary knowledge necessary for accurate and immediate data capture.

A lapse in service here would result in unacceptable delays, duplication of effort, and significant risk to NHTSA’s mission. New vendors require significant training and onboarding before they can perform at a level necessary to support ongoing safety initiatives and investigations. Even if a new contractor were awarded this work immediately, the agency would still face a substantial gap in service due to the time required to identify, clear, and prepare personnel. In addition, there is a period of time where a new vendor will have to learn the investigatory process specific to NHTSA’s SCI program. The disruption in operations would compromise the integrity of active investigations and delay NHTSA’s ability to meet urgent, mandated safety efforts during this critical bridge period.

For these reasons, CRA’s unique qualifications and the critical nature of this acquisition fully support the use of authority under 41 U.S.C. 3304(a)(1) and FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practical.

In accordance with FAR Subpart 5.2, NHTSA will publish a synopsis of the proposed bridge contract action on SAM.gov to notify potential sources.

Additionally, the Justification for Other Than Full and Open Competition will be made publicly available pursuant to FAR 6.305.

Due to the urgent and time sensitive nature of this requirement, and the critical need to avoid any interruption in SCI crash investigation services, competition is not practical for this bridge action. Transitioning to a new vendor at this time would result in unacceptable delays and compromise the agency’s ability to fulfill its mission.

However, this bridge contract is a temporary measure while NHTSA finalizes the competitive acquisition strategy for the follow-on requirement. The follow-on contract will be fully competed to maximize participation from qualified vendors and ensure fair opportunity.

7. A Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable:

The Contracting Officer has determined that the anticipated cost to the Government is fair and reasonable based on multiple factors, including:

• Historical Pricing: The proposed pricing is consistent with previous NHTSA Motor Vehicle Crash Data Collection contracts for similar scope and complexity.

• Labor Rate Validation: Proposed labor rates align with those established under CRA’s prior contracts and comply with the applicable Service Contract Act (SCA) wage determinations, ensuring compliance with Federal labor standards.

• Cost Control Performance: In past performance reviews, CRA has consistently achieved satisfactory or better ratings for cost control and has remained within the cost parameters of prior awards.

This combination of historical pricing analysis, wage determination compliance, and strong cost control performance provides the Contracting Officer with a high degree of confidence that the anticipated cost for this bridge contract is fair and reasonable in accordance with FAR 6.303-2(a)(7).

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason That Market Research Was Not Conducted:

NHTSA conducted market research that included internal review of prior procurements and vendor performance under the SCI program. NHTSA also reviewed government-wide acquisition contracts (e.g., GSA schedules) but was unable to identify a qualified vendor capable of being onboarded within the necessary timeframe. The time required to solicit, evaluate, and award a new competitive contract would result in an unacceptable lapse in mission-critical services. As such, the agency determined that awarding a short-term bridge contract was the most viable and timely solution to avoid disruption of ongoing crash investigations and data collection.

During the course of market research and internal acquisition planning discussions, NHTSA identified Dynamic Sciences, Inc. (DSI) as another vendor with the technical capability to perform SCI services. However, DSI is currently performing under the SCI Western Region contract and is precluded from managing all three SCI regions. This agency policy is intended to preserve competition in future acquisitions by ensuring no single vendor monopolizes SCI coverage nationwide. While DSI is technically capable, this policy restriction limits the viable vendor pool for the immediate requirement and reinforces the necessity of a short-term sole source bridge to the incumbent, CRA, for the Eastern region.

Conclusion:

Based on the market research conducted, including internal analysis of current contractor performance and the status of the ongoing competitive acquisition for the follow-on requirement, CRA is the only vendor capable to continue SCI operations in the Eastern region without service disruption during this limited bridge period. This assessment is specific to the immediate need for continuity of operations while the competitive procurement is finalized. The agency fully anticipates awarding the long-term requirement through full and open competition. No viable alternatives were identified that could ensure a seamless transition in the time available prior to the current contract’s expiration.

Accordingly, this bridge contract will provide interim coverage and avoid a lapse in mission-critical services.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

A competitive procurement for the follow-on requirement is currently underway;

however, the agency will not complete that process in time to avoid a lapse in services under the current contract. The complexity of the SCI program, combined with the need for a thorough acquisition strategy, sufficient time to conduct meaningful competition, and proper transition planning, makes it infeasible to award a new competitive contract before the expiration of the incumbent award. As a result, the agency requires a short-term bridge contract to maintain continuity of operations and prevent disruption to ongoing investigations and data collection. This approach ensures that mission-critical services continue uninterrupted while the full and open competition proceeds to completion.

10. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for These Services:

This bridge contract is a temporary measure to ensure continuity of SCI operations while NHTSA finalizes the competitive acquisition strategy for the follow-on requirement. To promote competition in the future, NHTSA will:

• Conduct Early Acquisition Planning: Engage in advance acquisition planning and requirements development for the next full and open competition.

• Increase Market Research: Update and expand market research efforts, including targeted outreach to qualified vendors and use of industry engagement tools.

• Use industry engagement tools such as a Request for Information (RFI) and hosting an Industry Day or pre-solicitation conference to solicit feedback, encourage vendor participation, and identify potential capability gaps.

• Review Organizational Conflict of Interest (OCI) Restrictions: Reassess contract structures and OCI limitations to ensure fairness and competition in future SCI acquisitions.

These actions will help remove barriers and maximize competition for the next competitive procurement.

11. Contracting Officer Certification That the Justification Is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

As confirmed by the signature below, the Contracting Officer hereby certifies that the facts and representations included in this justification are accurate and complete to the best of her knowledge and belief.

SIGNATURE PAGE

TECHNICAL REQUIREMENTS CERTIFICATION (COR):

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Technical Cognizance/COR:

Harold Herrera (COR) Date

CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Sherese Gray Date Contracting Officer (CO)

APPROVAL

Based on foregoing justification, I hereby approve the use of other than full and open competition of this acquisition, pursuant to the authority of 41 U.S.C. 3304(a)(1) and FAR 6.302-1, subject to availability of funds and required legal concurrence.

Sherese Gray Date Contracting Officer (CO)

Jon Gatti Date Head of the Contracting Activity (HCA) / Chief Financial Officer (CFO)

Sean Clayton Date Competition Advocate Associate Administrator for Administration