OR2022R01K0012 Sole Source Special Notice as PUBLISHED in PDF for FY 2022 New NAS TRB IDIQ Contract for OST-R.pdf

This is NOT a Solicitation. This is instead a SOLE SOURCE Special Notice announcing the intention of the U.S. Department of Transportation (DOT) to award, to the National Academy of

Sciences (NAS), a new SOLE SOURCE Indefinite Delivery / Indefinite Quantity (IDIQ) contract for the project described below.

1. Identification of the Requiring Activity and Contracting Activity;

Agency (Reguiring Activity):

U.S. Department of Transportation

Office of the Secretary

Office of the Assistant Secretary for Research and Technology (OST-R)

1200 New Jersey Avenue, SE

Washington, DC 20590

Contracting Activity:

U.S. Department of Transportation/OST

Acquisition Services Division, M-63

1200 New Jersey Avenue, SE

Washington, DC 20590

2. Nature/Description of Action; The aforementioned contracting activity proposes to award an

Indefinite Delivery/Indefinite Quantity (IDIQ) contract to the Transportation Research Board

(TRB) of the National Academy of Sciences, Engineering and Medicine (NASEM) on a sole source basis for a Period of Performance of 5 years running from November 20, 2022 through November 19, 2027, with a ceiling-price of approximately$5,000,000.

3. Description of Supplies/Services: The proposed contract will provide technical and outreach support to the nationally coordinated program of transportation research, development, and statistics administered by the Office of the Assistant Secretary for Research and Technology

(OST-R) of U.S. DOT. Specific services the contractor shall perform include the delivery of services and work products required by statute to be performed by NASEM/TRB for the

Office of the Secretary or OST-Rand tasks and projects that inherently rely on and require the participation and expertise of the volunteer committees, sections and other organizational bodies of TRB, as outlined in a detailed Statement of Work.

4. Identification of Statutory Authority; The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(I) as implemented by the Federal Acquisition

Regulation (FAR) 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements." A second statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(3) as implemented by the Federal Acquisition

Regulation (FAR) 6.302-3, "To establish or maintain an essential engineering, research, or developmental capability to be provided by an educational or other nonprofit institution or a federally funded research and development center."

5. Rationale Supporting Use of Authority Cited Above: The rationale for citing this authority is based on the unique qualifications and character of NASEM/TRB. The National Academies of Science, Engineering and Medicine is a private, honorary organization of more than 1,500 scientists and engineers selected on the basis of outstanding contributions or knowledge in their scientific and technical fields. Established by a Congressional act of incorporation signed by President Lincoln on March 3, 1863, and supported by private and public funds, the

Academy works to further science and its use for the general welfare by bringing together the most qualified individuals to address scientific and technological problems of broad significance. Under the terms of its Congressional charter, codified at 36 U.S.C.A. 150301-

150305, the Academy is also called upon to act as an official, yet independent, advisor to the

Federal Government in any matter of science or technology. Although the Academy is not a

Government agency and its activities are not limited to those on behalf of the Government, this provision explains the close ties that have always existed between the Academy and the

Government.

NASEM/TRB is uniquely qualified and suitable to satisfy the agency's needs for this contract action because it is an existing and objective organization with scientific interest in the same areas of research and development as those of OST-R. In addition, NASEM/TRB is singular and distinctive in its organization structure, versatility in technology dissemination, and accessibility to over 300 highly specialized technical committees, task forces and panels comprised of volunteer experts from among more than 3,500 of the nation's leading authorities on transportation issues. Unlike a conventional private contractor, these diverse volunteer experts actively serve on TRB's organizational bodies without compensation -- they travel to attend TRB-sponsored meetings, workshops, and events; volunteer their time to make technical presentations; and author and review technical reports - and this high level of engagement exponentially increases the value and substance of the work performed by paid

TRB staff. Ongoing access to this large, vibrant pool of highly qualified stakeholders and their knowledge of the state-of-the-art and practice in transportation research is critical to

OST-R's ability to "maintain an essential... research or development capability," as outlined in FAR 6.302-3., as it enables the Department to make the best-informed, most relevant decisions possible regarding its research strategy and future investments in R&D.

This ongoing participation by volunteer experts in the work of TRB also adds immeasurable quality, timeliness, and objectivity to the deliverables anticipated by OST-R under this needed support contract. Because no other organization has comparable resources to meet the needs of this requirement, NASEM/TRB is considered the only source capable of satisfying the requirements. Executive Order 12832 further supports this sole source procurement, as it authorizes executive agencies to utilize NASEM on a non-competitive basis, when the agency determines that its requirements can only be met by NASEM and is otherwise in accordance with applicable laws and regulations.

6. Efforts to Select Potential Sources; Due to the statutory authority of 41 U.S.C.

253(c)(3), efforts to select potential sources have thus far been limited to NASEM/TRB, a non-profit organization with uniquely qualified experts, technical committees, and resources. But this Sole Source Special Notice constitutes DOT’s further attempt to make sure that the Department has not overlooked any other qualified potential sources.

7. Determination of Fair and Reasonable Cost; The anticipated costs of this requirement have thus far been deemed fair and reasonable based on historical data obtained from previous contracts and market research conducted on current applicable labor rates. And this procurement’s cognizant Contracting Officer and Contracting Officer’s Representative will hereafter make a final determination regarding the reasonableness of the NAS Cost Proposal hereafter submitted to DOT in support of the needed new IDIQ contract contemplated in this Notice. And similar cost-reasonable-reviews will be conducted in support of each and every particular TASK ORDER hereafter planned to be issued UNDER the new NAS IDIQ contract contemplated in this Notice.

8. Description of Market Research; A market survey was not conducted due to the statutory authority of 41 U.S.C. 253(c)(3) which allows for sole source award to nonprofit institutions in order to establish or maintain an essential engineering, research, or development capability. Arguably, however, this Sole Source Special Notice CONSTITUTES de facto market research.

9. Additional Support; None.

10. Other Interested Sources; Not applicable.

11. Actions Taken to Remove Barriers to Competition; None, for the reasons specified herein.

Any organization, OTHER than NAS, which believes—notwithstanding the formidable obstacles mentioned above—that it could perform this needed project at the high level of quality indispensable to DOT, may attempt to prove that point by e-mailing a Statement of Qualifications to james.mowery@dot.gov and to Timothy.Klein@dot.gov and to Charles.Campbell@dot.gov , for RECEIPT by those persons not later than 11:30 PM Eastern Daylight Time June 28, 2022.

mailto:james.mowery@dot.gov mailto:Timothy.Klein@dot.gov mailto:Charles.Campbell@dot.gov