Justification and Approvals_1.pdf

JUSTIFICATION & APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over $250,000 (FAR 6.303-2)

Purchase Request Number: 40489859

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY.

National Park Service, Yosemite National Park, CA

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED. Non-competitive award to Avail Technologies, Inc. to supply and install Computer-Aided

Dispatch, Automatic Vehicle Locators, Automatic Passenger Counters (CAD-AVL-APC), and visual announcement message boards for sixteen government-owned transit buses. The intent of the awarded contract is to activate equipment that was previously installed on

Yosemite’s public transit buses, to replace components that are no longer compatible over various manufacturing dates, and to add equipment so that buses can communicate with one another and with a central dispatcher.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS, INCLUDING THE ESTIMATED VALUE. Yosemite National Park has a fleet of sixteen Government-owned buses that are equipped with CAD-AVL-APC units that were supplied by Avail Technologies, Inc. under a GSA AutoChoice contract.

GSA’s AutoChoice contracts are competitively-awarded five-year contracts with bus manufacturers through that include configurations and minimum requirements for low-floor, heavy-duty, 40-passenger transit buses. Those specifications include options for

Intelligent Transportation Systems (ITS) technology, including CAD-AVL-APC units.

Yosemite National Park has accepted delivery of twelve heavy-duty transit buses in the past four years. Two were built by New Flyer Industries in 2017, two by Proterra in 2018, and eight by New Flyer in 2020. All of these buses are presently equipped with units that were supplied to bus manufacturers by Avail Technologies, Inc. as options under the GSA contracts. Additionally, the Government owns four Gillig buses using similar but outdated technology that will be replaced at this time.

CAD-AVL-APC technology uses cellular communication systems, Global Positioning

System (GPS), and radio to identify the location, speed and spacing of transit buses so that dispatchers and supervisors may determine where the buses are at all times, monitor driver behavior, and relay instructions to the drivers. A central computer and storage system collects data, such as mileage, passenger counts, and service hours, and statistics that are important to fleet managers and NPS transportation program managers. Visual announcement message boards relay safety instructions and inform upcoming bus stops for passengers with hearing impairment or loss. In order to continue providing efficient operation of visitor transportation services in Yosemite Valley and the Mariposa Grove, it is necessary to negotiate a sole source contract with Avail Technologies, Inc. to supply and install proprietary equipment and provide technical services for activating computer-aided dispatch (CAD), automatic vehicle locator (AVL), and automatic passenger counters

(APCs). The intent is to activate equipment that is already installed on transit buses

The Government intends to negotiate and award a firm-fixed price contract with some line items as base award and some line items as options. The selection of options will depend upon availability of funds. The options include additional supply and installation of equipment such as computer terminals and monitors, wi-fi and/or radio signal boosters or relays, whip antennae, and miscellaneous items including fasteners and hardware.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION. Federal Acquisition Regulation (FAR)

Subpart 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements (U.S.C. 2304(c)(1)).

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED. CAD-AVL-APC units include data transmitters and receivers that are programmed to use location-specific IP addresses and radio frequencies. The central control module for each of the buses is a small on-board computer with a touch-screen driver interface. This single-connection, modular device connects to other onboard devices for the control, collection, and transmittal of data. All configured information, collected data, and data retrieval is managed through a secure network that is accessed by authorized users through central dispatch. Avail Technologies, Inc. will be required to send out field technician(s) to make a site visit in order to assess how best to prepare a proposal that meets the requirements of the Government’s performance-based Statement of Work.

Upon award, the contractor will send their technician(s) back to the park to complete all on-site installation of all system equipment, including establishing connections with the local wireless network and/or other external communications systems.

6. A 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 AS

REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER

FAR 5.202 APPLIES. A Special Notice will be posted in BetaSAM for a period of 15 calendar days. In accordance with FAR 5.207(c)(16)(ii), the notice will include a statement that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE. FAR SUBPART 15.402(a)(2)(ii), Pricing Policy: The Contracting

Officer shall purchase supplies and services from responsible sources at fair and reasonable prices. In establishing the reasonableness of the offered prices, when certified cost or pricing data are not required by 15.403-4, the Contracting Officer may obtain data other than certified cost or pricing data as necessary to establish a fair and reasonable price using data related to prices (e.g., established catalog or market prices, sales to non-governmental and governmental entities), relying first on data available within the Government; second, on data obtained from sources other than the offeror; and, if necessary, on data obtained from the offeror. When obtaining data from the offeror is necessary, unless an exception https://www.acquisition.gov/content/15403-4-requiring-certified-cost-or-pricing-data-10-usc-2306a-and-41-usc-chapter-35#i1106066 under 15.403-1(b)(1) or (2) applies, such data submitted by the offeror shall include, at a minimum, appropriate data on the prices at which the same or similar items have been sold previously, adequate for evaluating the reasonableness of the price.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE FAR PART 10)

AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH

WAS NOT CONDUCTED. Between 2002 and 2016, Yosemite staff worked to identify broad goals and objectives in deploying Intelligent Transportation Systems technology, including CAD-AVL technologies, under contract with consultant David Evans and

Associates (DEA), a transportation planning and engineering firm. Six companies are known to provide CAD-AVL equipment in the U.S. market, but each has developed its own platforms and the products are not interchangeable. Acting on the consultant’s recommendations after an evaluation of Yosemite’s unique geographical constraints and operating environment, the NPS determined that Avail Technologies, a Pennsylvania-based company, offered the best-suited product for Yosemite’s operating conditions and technological constraints. Avail Technologies CAD-AVL-APC units were available as options under GSA heavy-duty transit bus procurement contracts. Twelve of Yosemite’s nineteen newest transit buses are now equipped with Avail Technologies units, including transponders, on-board computers, antennae, and GPS receivers. These items were provided as options when the buses were ordered through GSA contracting processes.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION (SEE FAR 6.303-2(9)(i-ii) FOR SOME EXAMPLES). CAD-AVL-APC units are not interchangeable, and only one responsible source, no other suppliers or contractors, will satisfy agency requirements. Due to the proprietary qualities of hardware and software, technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. There is a reasonable basis to conclude that the agency’s needs can only be satisfied by unique services and supplies available from only one source or only one supplier with unique capabilities. The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED IN WRITING, AN

INTEREST IN THE ACQUISITION.

11. A 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.

This is a follow-on acquisition concerning services required to activate specialized equipment that was purchased under previous contracting actions. Due to the proprietary nature and unique characteristics of CAD-AVL-APC systems, equipment activation or deployment cannot be achieved by other vendors.

https://www.acquisition.gov/content/15403-1-prohibition-obtaining-certified-cost-or-pricing-data-10-usc-2306-and-41-usc-chapter-35#i1105936

12. CERTIFICATION: I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

(Signature)________________________________________________________

Jim Donovan, Transportation Planner, YOSE

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

Phaedra Fuller, Contracting Officer, OLYM

Reviewed/Concur/Approved by:

Over $25,000 (warranted individual one level above contracting officer):

Rod Roberson, OLYM MABO Lead

Over $150,000 (Regional or Center Chief of Contracting):

Lilette Baltodano, Regional Chief of Contracting, Interior Regions 8,9,10, and 12