PSU 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 Penn State University to study the effects of tamping on ballast and track stability using SmartRocks.

3. Description of Services: This research and development effort is a continuation of work begun under “Laboratory Development and Testing of "Smartrock" For Railroad Ballast Research” - DTFR53-14-C-00024, where a prototype sensor with realistic ballast particle shape was developed to monitor and transmit the ballast movement to researchers via Bluetooth. To validate this SmartRock sensor and utilize a network of SmartRocks to investigate qualitative ballast failure mechanisms, the second project were proposed and funded in 2016 ("Laboratory and Field Evaluation of Ballast Failure Mechanisms Using "SmartRocks"", - DTFR53-16-C-00023). This project was followed by a new project “Quantification of Track Instabilities Due to Ballast Movement At Special Locations Using Integrated Sensor Network”, 693JJ618C000009. The objectives of the second and third projects were to improve the original SmartRock and develop a general ballast stability monitoring tool that can not only pass/fail a ballast but also evaluate the ballast performance under a numerical scale. With these previous FRA support, new SmartRock functions such as power management plan, sleeping mode, and 3D stress cells as well as the ballast performance quantification algorithm have become available for the researchers, who are now capable of “improving the rail safety through enhanced understanding of ballast & subgrade.” The existence of SmartRock and associated equipment, and the existing data from previous testing, all support continuation of the data collection, processing, and analysis of the previous project as a sole source solicitation, since no other provider has access to all the elements needed for success of the project.

The proposed new project will conduct similar testing, data collection, data processing, and analysis on revenue service track, while focusing specifically on ballast behavior and associated tamping. The project will investigate track stability change through characterization of ballast particle movement before, during, and after tamping for various subgrade conditions track ballast performance.

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 SmartRock technology, equipment, and software (inclusive of proprietary algorithms) was developed as part of DTFR53-14-C-00024, DTFR53-16-C-00023, and continued under 693JJ618C000009, 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 02, 2020 with a closing date of July 12, 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 Penn State University’s SmartRock. There are no other known vendors at this time deemed capable of meeting FRA’s requirement for investigations into the characteristics of tamping using Smart Rock technology. 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 Penn 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 02, 2020 with a closing date of July 12, 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