Single Source Justification.pdf

Single Source Justification (Simplified Acquisition)

CONTROLLED UNCLASSIFIED INFORMATION

November 2018 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 3

Section A: General Contract Information

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Contracting Activity: 374 CONS/PKSB

Project/Program Name: FY22 Sidetrack Inspection and Electrical System Maintenance at U.S. Government Sidetrack No. 328, Yokota Air Base

Purchase Request / Local ID Number: SC06002101629

Estimated Contract Cost (including Options): $51,669.42

Section B: Description of the Supplies/Services Required

The Contractor shall furnish all labor, materials, transportation, equipment, supplies, management, and supervision necessary to inspect sidetracks and maintain electric systems at U.S. Government Sidetrack No.

328 at Yokota Air Base.

JFRC will provide the following services:

(1) Inspection services of roadbed portion to ensure electrical devices are maintained in good condition; the required services include but not limited to safety patrolling, inspection of track irregularity, switching device, regular tie, ballast, rail, and other materials.

(2) Inspection and maintenance of electrical system to ensure electrical devices are maintained in good condition; the required services include but not limited to inspection and maintenance of signal equipment, switching device, iron conduit system, railroad crossing safety equipment, interlocking device, signal line, power source, circuit track, electric power device, and telecommunication devices.

(3) Emergency repair in the event that a sudden, unforeseen happening which requires action to correct or to protect lives and/or property, the Contractor may be directed to perform emergency repair in accordance with JFRC's rules and regulations.

Section C: Justification for Soliciting from a Single Source or Brand Name

(1) The sidetracks are used for rail-car storage and transporting POL products by Tsurumi Fuel Terminal. The requirement is to conduct the inspection of sidetracks and the maintenance of electric systems. JFRC has been performing the services including the previous contract FA520921P0029, which was awarded based on a sole source requirement. The contract was awarded on 30 Nov 2020 and expired on 30 Sep 2021. The inspection of sidetracks and the maintenance of electrical systems are unique services. Japanese Railway Business Law has given responsibility for the inspection of sidetracks and the maintenance of electrical systems of connecting sidetracks, to the owner of the main rail line. The U.S. Government owns the sidetracks and electrical equipment which are directly connected to the JFRC main rails and electrical systems. This requirement is for safety inspection of roadbed and electrical systems including maintenance of electrical systems, which are connected to JFRC-owned main rails. Therefore, JFRC requires direct control over these tasks because they affect the entire JFRC rail system. On 01 Apr 1987, the Japan National Railways was privatized and became known as JFRC. In 1987, the U.S. Government entered into an agreement with JFRC which states that maintenance and inspection shall be performed in accordance with JFRC's specification and standards (See Attachment 1, Agreement Between the United States of America and the Japan Freight Railway

November 2018 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 3

Company for Handling Military Sidetracks.) In accordance with Supplementary Agreement on Agreement for Handling Military Sidetracks, paragraph 5 of the agreement, JFRC shall perform inspection and electrical maintenance work. Each year JFRC, the requesting activity representative, and contracting representatives make a joint site survey to identify what must be repaired in the coming fiscal year. The repairs are necessary to keep the sidetracks in good operational condition for transporting freight by railway tank cars to preclude any accidents that may occur. Therefore, this acquisition will be a follow-on contract for continued performance of a highly specialized service.

(2) As the owner of the mail rail system that the sidetracks are connected to, JFRC is responsible for having direct control over the inspection services under the Japanese Railway Business Law. JFRC is a designated party to have direct control for maintenance of sidetrack electric system under the said agreement between the U.S. Government and JFRC. It is the Contractor's unique/highly specialized qualifications.

(3) Requiring Activity, 374th Civil Engineer Squadron requests that JFRC is the only responsible company that can provide services properly for this requirement (See Attachment 2, RA Sole Source Justification). The 374th Contracting Squadron believes that the award to any other sources would result in noncompliance with the applicable local Japanese law and unacceptable delays in fulfilling the U.S. Government's requirements. It is unknown if the applicable law would be modified for other entities to be allowed to perform the services.

The delay in awarding the follow-on contract would affect transporting fuel products to Yokota Air Base.

(4) Accordingly, JFRC is the only firm capable of providing the supplies and services described in Section B above without the U.S. Government experiencing unacceptable delays in fulfilling its requirements. This contract will be awarded pursuant to FAR 13.106-1(b) for the FY22 period from the effective date in block 3 of Standard Form (SF) 1449 to 30 Sep 2022.

Section D: Efforts to Obtain Competition

The proposed contract action is exempted from synopsizing requirement in accordance with FAR 5.202(a)(12) because the proposed contract action is by a Defense agency; the proposed contract action will be made and performed outside the United States and its outlying areas; and only local sources who have proper authorization to perform in the country of Japan will be solicited since this service will be made and performed in Japan in its entirety. However, it is posted on the Contract Opportunities site, the Government Point of Entry, at http://beta.sam.gov/.

Section E: Steps to Preclude Future Single Source or Brand Name Awards

(1) A market survey, in accordance with FAR Part 10, will continue to be conducted by posting the proposed acquisition on the Contract Opportunities site, advising industry of the pending acquisition and soliciting inquiries from interested parties.

(2) Performance Work Statement is developed to be suitable for full and open competition if there are any other sources who are capable of performing the services in compliance with the JFRC rules and regulations.

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Section F: Contracting Officer's Determination

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Date

03-Sep-2021

Typed Name and Rank/Grade of Contracting Officer

TAKAHIRO TSUKADA/BWT 1-7/Contracting Officer

Signature of Contracting Officer

November 2018 Page of Section A: General Contract Information Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Section B: Description of the Supplies/Services Required Section C: Justification for Soliciting from a Single Source or Brand Name Section D: Efforts to Obtain Competition Section E: Steps to Preclude Future Single Source or Brand Name Awards Section F: Contracting Officer's Determination I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

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Yokota Air Base