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Description
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC) For Requirements > $10,000 1. Identification of the agency and the contracting activity Federal Railroad Administration Headquarters, Office of Acquisition Management, 1200 New Jersey Avenue, S.E., Washington, DC 20590. 2. Nature and/or description of the action being approved Justification and approval to use other than full and open competition to award a contract to Berekly Simulation Software for annual maintenance of two Rail Traffic Controller (RTC) software perpetual licenses. RTC is an operations simulation tool that is commonly used to model train movements. Many FRA grantees use this software for project development, and having and maintaining the software license will allow FRA the ability to review RTC models developed through our grants. 3. Description of the supplies or services required to meet the agency's needs (including the estimated value) Purchase annual maintenance for the existing two FRA licenses (POP 15 Jul 26 - 14 Jul 27) -- $12,800 Total Cost -- $39,600 (Base+ 2 (1 yr) Option Periods 4. Statutory authority permitting other than full and open competition The authority to enter into a contract for this effort without full and open competition is 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited Berekely Simulation Software is the developer and sole distributor of the Rail Traffic Controller (RTC) software. This software can not be purchased through any other vendor. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under 5.202 applies Exception 5.202(a)(l0)- The proposed contract action is made under conditions described in 6.302-3." A notice of intent to sole source was published by the CO on 7/15/2026 and will be published for 10 days prior to solicitation. 7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable The FRA will ensure that all costs associated with the proposed contract are fair and reasonable. The FRA will perform a thorough analysis of the Offeror's proposal to substantiate this determination. 8. Description of the market research conducted and the results or a statement of the reason market research was not conducted As mentioned previously, many FRA grantees use RTC for project development, and having and maintaining the software license will allow FRA the ability to review RTC models developed through our grants. 9. Other facts supporting the use of other than full and open competition None 10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition. None 11. Statement of the 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. None
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