NCAP 2024 Static Rollover 693JJ925RQ000003 - JOTFOC CO_signed_2.6.2025.pdf

Department of Transportation National Highway Traffic Safety Administration

Justification for Other than Full and Open Competition (JOTFOC)

SEA, Ltd.

for New Car Assessment Program (NCAP) Rollover Static Stability Factor (SSF)

Measurements Purchase Requests: 693JJ925RQ000003/693JJ924RQ000195/693JJ919RQ000059

1. Identification of Agency:

National Highway Traffic Safety Administration (NHTSA), Office of Acquisition Management, 1200 New Jersey Avenue, SE, Washington, DC 20590.

2. Description of Action:

Justification and approval to use other than full and open competition procedures to award a sole source contract to an incumbent contractor, SEA, Ltd, to continue providing Static Stability Factor (SSF) measurements for NHTSA’s New Car Assessment Program (NCAP).

This contract will be an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with sixty-six (66) month period of performance, inclusive of one (1) six (6) month extension period, if required.

3. Description of Services to Meet Agency Needs:

NHTSA anticipates a need for highly accurate Center-of-Gravity (CG) height measurements on a selection of approximately 35 light vehicles per year for the following five years for the purpose of determining Static Stability Factor (SSF) of each vehicle.

The current estimated total value of the IDIQ contract is $548,492.00.

4. Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

The statutory authority for the proposed contract with SEA, Ltd. is 41 U.S.C.

3304(a)(1), as implemented by FAR Part 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, in which FAR Part 6.302-1(a)(2) states that an executive agency may use procedures other than competitive procedures only---

(2) “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:

SEA, Ltd. is uniquely equipped to determine vehicle CG height, and thus SSF, of a vehicle in a highly accurate and repeatable way using its Vehicle Inertial Measurement Facility (VIMF) system. After performing market research, to the best of my knowledge, the VIMF is the only commercially available system of its kind in existence. While other techniques and procedures exist for CG height measurement, they do not have sufficient accuracy and their repeatability is unproven. The VIMF is capable of measuring CG height of light vehicles with a measurement accuracy of 0.5% of the measured value. For a typical light vehicle, this equates to an accuracy of approximately 0.12 in. (3 mm). Competing techniques have been estimated to have accuracy of only approximately 0.5 in.

(13 mm).

A small number of VIMFs have been installed at various locations, but none of them is available for commercial hire. They are owned and operated by private businesses for their own purposes. A large-scale version of the VIMF is owned and operated by the U.S. Army, but it is designed for measuring heavy vehicles such as military trucks, which compromises its accuracy for measuring light vehicles. Thus, it does not have a sufficient level of accuracy to meet NHTSA’s requirements.

Beyond their equipment capabilities, SEA, Ltd. has extensive experience providing SSF measurements for new vehicles to the Agency. NHTSA has procured SSF measurement services from SEA, Ltd. for 25 years, beginning with a pilot SSF measurement program in FY1998. At that time, SEA, Ltd. was the only qualified bidder identified during the competitive procurement process.

Twenty-five years later, SEA, Ltd. remains the only contractor capable of providing SSF measurements to NHTSA.

6. Efforts Made To Obtain Competition, and 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 Sources Sought Notice was published in 2018, to which no Corporate Capabilities Statements were received.

7. A Determination by the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable:

The cost proposal submitted by the requested sole source vendor, SEA, Ltd., will be reviewed for a detailed cost and price analysis prior to initiating any negotiation. The NHTSA Contracting Officer’s Representative (COR) will compare SEA, Ltd.’s cost proposal to historical data for the Agency’s SSF measurement services and to cost estimates based on NHTSA’s knowledge of the effort required to perform the required tasks. In the event the analysis of the cost proposal reveals unanticipated or excessive costs or reflects a cost that is inconsistent with the anticipated level of effort, negotiated adjustments will be made before the contract is issued. Moreover, each invoice submitted by the contractor during performance of this contract will be scrutinized for allowability, allocability, and reasonableness of billed costs in accordance with FAR Part 31.

These procedures will ensure that the anticipated cost to the Government is fair and reasonable.

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

Market research for this solicitation was conducted from October 2023 through March 2024. This market research included the following methods: GSA MRAS/RFI; search of GSA Federal Supply Schedules, OASIS, SWES BPA, and DOT agencywide contract vehicles; a review of previous market research attempts for this requirement; and general web searches.

A thorough review of GSA Federal Supply Schedules, Government-wide Contracts, and DOT shared services vehicles yielded no vendors that have expertise, experience, and capability to handle NHTSA’s requirement. The COR was also unable to identify any awarded “shared-services” contracts in support of Category Management listed either under the General Services Administration’s (GSA’s) Acquisition Gateway and/or the DOT-Transportation All Acquisition Portal (TAAP) that would satisfy the requirements.

A GSA RFI for this solicitation was posted from March 5, 2024 through March 15, 2024. In response, GSA received one (1) Statement submission from Exponent, Inc. This response was thoroughly reviewed, and it was determined that insufficient information was provided in its capability document or on its website to demonstrate that the vendor would be able to meet specific requirements provided.

NHTSA concluded that there is only one viable source for this solicitation and that is SEA, Ltd., who not only meets all of NHTSA’s requirements but also has many years of proven experience in this testing method.

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

The previous SSF measurement contract’s period of performance has passed, and therefore, the contract has expired. As such, no new delivery orders for SSF measurement may be issued for future testing.

Only the incumbent Contractor, SEA, Ltd., has the required experience to continue to perform the necessary services without risk of encountering a significant break in future service. Such a break would result in a delay in issuing Rollover Resistance Ratings for the Agency’s flagship New Car Assessment Program, which also prevents new vehicle models from receiving Overall Vehicle Scores. Rollover Resistance Ratings are also required by the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000.

10. A Listing of the Sources, if any, that Expressed, in Writing, an Interest in the Acquisition:

NHTSA Small Business Specialist (SBS) reviewed the subject project entitled, New Car Assessment Program (NCAP) Rollover Static Stability Factor (SSF) Measurements and the associated Statement of Work. As mentioned previously, NHTSA posted a Request For Information Notice on GSA eBuy on March 5, 2024; which resulted in NHTSA receiving one Corporate Capability Statement in response from Exponent, Inc.

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 These Services:

There are no known actions that the Agency may take at this time to remove or overcome barriers to competition.

12. 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

CERTIFICATION – REQUIRING ACTIVITY/PROGRAM OFFICE

In accordance with FAR 6.303-2(c), the supporting data which form the basis for this justification have been certified as complete and accurate by the technical personnel:

Christina Smith Date Contracting Officer’s Representative

CERTIFICATION – CONTRACTING OFFICER

Based on the foregoing justification, the use of Other than Full and Open Competition procedures is hereby considered appropriate for the proposed contract to SEA, Ltd.

pursuant to the authority of FAR 6.303-2(b)(12).

Sherese Gray Date Contracting Officer Office of Acquisition Management