MSBBT Justification for Other than Full and Open Competition 002_Redacted.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity

Department of Transportation, Federal Highway Administration, Central Federal Lands Highway Division (CFLHD), 12300 Dakota Avenue, Lakewood, Colorado.

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

Justification and approval to use other than full and open competition to award a contract for the following name brands:

Terminal Section, Type MGS Tangent (Tangent Guardrail Terminals):

MASH Sequentially Kinking Terminal TL-3 manufactured by Roads Systems, Inc., or MAX-Tension Tangent Guardrail Terminal TL-3 manufactured by Barrier Systems, Inc., or

MAX-Tension Tangent Guardrail Terminal TL-2 manufactured by Barrier Systems, Inc., or

Soft-Stop Guardrail Terminal TL-3 manufactured by Valtir, LCC, or SPIG Gating End Terminal TL-3 manufactured by SPIG Industry, LLC

Temporary Traffic Control, Crash Cushions (Temporary Crash Cushions):

Big Sandy Inertial Crash Cushion System (ICS) manufactured by TrafFix

Devices, Inc., or Crash Guard CC-48 Sand Barrels TL-3 manufactured by Plastic Safety Solutions, Inc., or ENERGITE 1 1 1 System TL-3 manufactured by Valtir, LCC

Temporary Traffic Control, Concrete Barrier (Temporary Concrete Barriers):

Cross Bolt Non Proprietary TL-3 manufactured by TTI

3. Description of the supplies or services required to meet the agency�s needs (including the estimated value)

The areas for these deliverables are tangent (inline) guardrail terminals, temporary crash cushions, and temporary concrete barriers. These items are required materials for California Department of Transportation (Caltrans) Highway Safety Features within the portion of the project within Caltrans right-of-way (ROW).

The total estimated amount of this product is as follows:

Tangent Guardrail Terminals: for 4 EA (Items range between each)

Temporary Crash Cushions: for 3 EA (Items range between each)

Temporary Concrete Barriers: for 2,640 LNFT (Items range between per LNFT)

4. Statutory authority permitting other than full and open competition

The authority to enter into a contract for this effort without full and open competition is 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements

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

The name brand products are being prescribed for the project area within Caltrans ROW.

Caltrans requires the listed items for work within their ROW.

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 Justification for Other than Full and Open Competition will be posted with the solicitation as required by FAR 5.102(a)(6).

7. Determination that the anticipated cost to the Government will be fair and reasonable

The FHWA will ensure that all costs associated with the proposed contract are fair and reasonable. The FHWA will perform a thorough analysis of the Offeror�s bid and/or 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

No market research was conducted. The decision to select these products is based on the Caltrans requirements as the maintaining partner and were requested during the encroachment permit process. The proposed products match the current existing systems located in the area along Caltrans right-of-way.

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

N/A