KSU Sole Source.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 and Grants Services, 1200 New Jersey, Avenue, SE Washington, DC 20590.

2. Action to be Approved: The FRA intends to award a purchase order on a sole source basis to Kansas State University for work that includes additional measurement of soil water characteristic curves (SWCC), developing a capacity to measure dielectric characteristic of ballast through GPR, test the shear strength of critical combinations of ballast and fouling that represent potentially problematic track conditions, and then correlating results from SWCC, dielectric, and strength testing.

3. Description of Services: This research and development effort is a continuation of work begun under 693JJ618C000016. Kansas State University has completed Phase 1 of this research providing unique understanding of the unsaturated behavior of fouled ballast.

Kansas State University has established contacts in the Industry to obtain samples of fouled ballast for testing both the soil-water characteristic curve and the influence of the unsaturated behavior on the load-deformation behavior of fouled ballast. Having completed phase 1, Kansas State is the only contractor that has an established test plan, lab and equipment suitable for ballast testing, and Industry contacts for materials. Kansas State University’s unique understanding of the project requirements, expert understanding of the required analyses, and access to test samples and equipment make them uniquely capable of completing a second phase of this project.

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 and associated SWCC and GPR advancements, technology, equipment, and software (inclusive of proprietary algorithms) was developed as part of 693JJ618C000016, and, based on our analysis, is unique to the rail industry. No other techniques, or source for these techniques, are available to the FRA. To re-develop past efforts 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 July 29, 2020 with a closing date of August 13, 2020. 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 Kansas State University’s SWCC/GPR development. There are no other known vendors at this time deemed capable of meeting FRA’s requirement for investigations into SWCC and GPR relationships at this time. 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 Kansas State University 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 July 29, 2020 with a closing date of August 13, 2020.

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.

APPROVAL

Based on the foregoing justification, I hereby approve awarding a purchase order to IBR 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

Federal Railroad