U.S. Department of Transportation, Federal Railroad Administration, Office of Acquisition and Grants Services, 400 7th Street, S.W., Stop 50, Washington, D.C. 20590

A -- ASSESSMENT OF FRA RESEARCH AND DEVELOPMENT PROGRAM SOL DTFR53-96-R-00013, Modification 0002 DUE 032498 POC Contracting Officer, Thomas L. Riddle, 202-632-3391 The Federal Railroad Administration (FRA) intends to negotiate, on a sole source basis, a modification to an existing cost (no fee) type contract with the National Academy of Sciences (NAS), Transportation Research Board (TRB), to assemble a reconstituted panel of experts to conduct a systematic analysis of the FRA's research and development program activities. As prescribed by Congress, the TRB panel will analyze the research and development management structure and approach and the current direction and allocation of moneys devoted to the various program areas. The panel will seek to determine if there is an appropriate balance of Federal, State, and private sector input and cost sharing and whether the directions and objectives outlined in the FRA's 5-year strategic research and development plan are appropriate. Furthermore, the panel will evaluate whether it is of critical importance to establish a Railroad Safety Institute, and whether such an institute would be duplicative of current research efforts. A focal point of this review is to ascertain how the FRA research and development program can better serve the safety mission of the agency. The duration of the contract, inclusive of the proposed modification, is estimated at 66 months. Under the terms of its Congressional charter, the NAS is also called on 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. The operating arm of the NAS, the TRB, consists of more than 300 technical committees, task forces and panels, each composed of voluntary experts from among more than 3,500 of the nation's top administrators, engineers, social scientists, attorneys, and educators in transportation and related fields. The ability of the TRB to meet its Congressionally chartered objectives derives mainly from its large pool of highly qualified technical committees, task forces, and volunteer experts serving on these organizational bodies without compensation. Past experience has demonstrated the validity of the Board's Anti-Bias Policy Statement in bringing together experts from government, industry and academia to address problems through open discussion and exchange of otherwise sensitive issues. This relationship between the TRB and its members assures the TRB's reputation for objectivity and its role as a scientific advisory body to the Government. The NAS/TRB is singular and distinctive in its organizational structure, versatility in technology dissemination, and accessibility to large and diverse numbers of highly specialized technical committees and task forces consisting of volunteer experts. In addition to its having been expressly named by the Congress as the contracting source to perform the subject effort, the NAS/TRB has been determined to be the only organization capable of fully meeting the needs of the Government under the subject contracting action and that performance of the added effort from any other source would be disruptive to the flow and continuity of information provided under the basic contract. It has also been determined that award to any other source would result in a duplication of cost to the Government that is not expected to be recovered, and in unacceptable delays in fulfilling the agency's requirements. As a result, NAS/TRB is considered the only source capable of satisfying the agency requirements. The applicable authority for this announced intention to solicit and negotiate only with the NAS/TRB is that under 41 U.S.C. 253 (c)(1) as implemented by FAR 6.302-1, "Only One Responsible Source." This is not a Request for Proposals (RFP) and a competitive solicitation is not available. See Note 22. (0035)

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