UMass_sole_soource_2016.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

University of Massachusetts Amherst (UMass Amherst) for “Laboratory Study of the Failure Characteristics of Fouled Ballast: Phase II”.

3. Description of Services: This research and development effort is a continuation of work begun under DTFR53-15-P-00028 (Phase I). That award was made using a sole source solicitation. The objective of Phase I was to identify the influence of fouling and moisture content on the performance of ballast subjected to repeated train axle loads.

The testing associated with DTFR53-15-P-00028 was initially part of a BAA, DTFR53- 13-C-00061 that ended in 2014. Although the larger project ended, a smaller effort to test the strength and deformation limits of fouled ballast was continued in DTFR53-15-P- 00028 using available sample material from the previous BAA. While much of the test equipment and materials are still available, the government desires to continue the project to extend the testing of the strength and deformation limits of fouled ballast to a wider range of materials that more closely resemble fouled ballast conditions in the field. The existence of sample material, test equipment, and the existing data from previous testing all support continuation of the project as a sole source solicitation, since no other provider has access to all the elements needed for success of the project.

The proposed Phase II will conduct similar tests on samples of revenue track fouled ballast from the New England region. The purpose for this is that the ballast and the fouling material will be more representative of the particle roundness, grain size distribution and mineralogy that would be expected under actual track conditions. In addition, 10 in diameter tri-axial compression tests will be conducted on the ballast to determine the strength and deformation properties of the ballast under the different fouling and moisture contents tested in the box test. This will provide a better understanding of the influence of moisture and fouling on 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 lab testing equipment was developed as part of DTFR53-15-P-00028 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 7, 2016 with a closing date of July 22, 2016. 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 ESS process and test results. There are no other known vendors at this time deemed capable of meeting FRA’s requirement for investigations into the failure characteristics of fouled ballast.

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 UMass Amherst 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 07, 2016 with a closing date of July 22, 2016. 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