0040537438__-_JOFOC_(Signed)_rh_kw.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

NATIONAL CAPITAL AREA

1100 Ohio Drive S.W.

Washington, D.C., 20242

NPS-National Capital Area – USPP Harley Side Cars Page 1 of 3

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Over $250,000 (FAR 6.302-2)

PR Number: 0040537438

1. Identification of the Agency and the Contracting Activity:

Agency: Department of Interior, National Park Service (NPS), National Capital Area (NCA), East Major Acquisition Buying Office, 1100 Ohio Drive, S.W. Washington, D.C. 20242.

2. Nature and/or Description of the Action Being Approved:

The United States Park Police (USPP) is interested in purchasing a turnkey solution for the acquisition and delivery of twelve (12) Harley-Davidson Electra Glide Police motorcycles, the supply and installation of twelve (12) Harley-Davidson side car chassis and sidecar passenger tubs. The supply and installation of law enforcement emergency equipment (upfits) on twelve (12) Harley-Davidson Electra Glide Police motorcycles and sidecars.

3. A Description of the Supplies or Services Required to Meet the Agency’s Needs, Including the

Estimated Value:

The supplies and services under this acquisition are the purchase and delivery of twelve (12) Harley- Davidson Electra Glide Police motorcycles. The supply and installation of twelve (12) Harley-Davidson sidecar chassis and sidecar passenger tubs. The supply and installation of law enforcement emergency equipment (upfits) on twelve (12) Harley-Davidson motorcycles and sidecar tubs. The current value of the USPP Harley Davidson Motorcycle fleet with sidecar valued at approximately $750,000. The total estimated cost of this acquisition is $399,999.96.

4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

FAR 6.302-1(a)(2)(ii) Only one responsible source and no other supplies or services will satisfy agency requirements. These supplies are deemed available only from the original source for the reasons stated below in paragraph three.

FAR 13.501 (a)(1)(i) – Conduct sole source justifications as defined in 2.101 (including brand name) under this subpart only if the need to do so is justified in writing and approved at levels specified in paragraphs (a)(2) of this section. FAR 13.501 (a)(2)(i) – for proposed contract exceeding the simplified acquisition threshold, but not exceeding $750,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval.

In addition, per agency policy AP&P 1443.06-01, the approval authority for this Justification and Approval will be the Regional Chief of Contracting.

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Currently the U.S. Park Police has a Police Motorcycle fleet of sixty-five (65) Harley Davidson Electra Glide Police Motorcycles and thirty-three (33) Harley Davidson sidecars. Per, Harley Davidson only

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Preserving unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.

Harley Davidson Motorcycles are safely compatible with Harley Davidson sidecars. Aftermarket modifications to make Harley Davidson sidecars completable with other OEM motorcycles are not advised by the OEM. Aftermarket modifications may be available but will void any warranty and put the motorcycle rider at extreme risk of catastrophic motorcycle sidecar failure. Catastrophic motorcycle sidecar failure is defined as the sidecar separating from the motorcycle while in operation. If this were to happen it will result in the severe injury or even death of the rider and possibly members of the public. The twelve

(12) Harley Davidson Electra Glide Police Motorcycles and twelve (12) Harley Davidson sidecars purchased under this acquisition will all be replacements and must also be able to use the existing USPP sidecars and the twelve (12) listed in this acquisition. The twelve (12) Harley Davidson sidecars in this acquisition will be interchanged with existing 2017 model year or greater Harley Davidson Electra Glide Police motorcycles currently in operation. Selecting other than Harley Davidson motorcycles and Harley Davidson sidecars will result in non-compatibility of the motorcycle and sidecars.

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 FAR 5.202 Applies:

NPS-NCA has identified 3 Small Businesses and will post the requirement on beta.Sam for a minimum of 30 days.

7. A Determination By the contracting officer That the Anticipated Cost to the Government Will Be

Fair and Reasonable:

This justification is simply limiting the Brand Name of the items being procured to Harley. The solicitation will be set aside for Small Business and posted on beta.SAM for a minimum of 30 days allowing any Small Business to provide a quote.

8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted:

Market Research was conducted by the United States Park Police (USPP) Motorcycle Unit, who found that while many manufactures build equivalent motorcycles, no other manufacturer offered sidecars designed for law enforcement that would be completable with the USPP’s new and existing Harley-Davidson motorcycle fleet. Since the ability to safely operate this equipment is imperative and in the best interest of the Government, the Harley-Davidson Electra Glide Police motorcycle with sidecar tubs and chassis is the only option. Market research conducted by the USPP Motorcycle Unit also revealed that only Harley- Davidson dealerships sell new Harley-Davidson motorcycle and sidecars.

The USPP currently has two (2) Harley Davidson trained motorcycle technicians that support the USPP Motorcycle unit’s maintenance activities. Each technician performs one-hundred service (100) hours a month maintain the existing USPP Harley Davidson Motorcycle Fleet while balancing their law enforcement duties. Selecting other than Harley Davidson Motorcycles and sidecars will force the USPP Motorcycle technicians to be sent to additional training courses to become certified on foreign branded motorcycles. This will result in an increased cost to the Government and downtime for Harley Davidson motorcycles assigned to the USPP Motorcycle Unit.

The Motorcycle Unit is a 365-day operation that is responsible for critical local and national security issues.

These duties involve actively regulating traffic commuter routes and motorcade support for the President and other U.S. officials as well as foreign dignitaries. To accomplish these missions, the U.S. Park Police utilizes Harley Davidson motorcycles, which are American made and the same type of Motorcycle in use with the United States Secret Service. Escorting the President and other U.S. officials in and around the Washington, DC metropolitan area on a foreign made and/or other than Harley Davidson motorcycles will

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Preserving unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.

not provide a positive image to the American public.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9)

(i) – (iii) for some examples):

N/A

10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition:

Brants Vision (Fort Washington Harley-Davidson): 044510094 / 8PMN8 – SB - 441228 Sheehy Fairfax, LLC (Patriot Harley-Davidson): 116607963 / 87P44 – OSB - 441228 Old Glory Harley-Davidson: 790646124 / 54DH3 – SB - 441228 Richmond Harley-Davidson: 032469580 / 8KRY1 – SB – 441228

11. A 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:

The National Park service will continue to conduct Market Research for suitable non-OEM sidecars that work with Harley Davidson Motorcycles without voiding warranties and creating dangerous driving conditions.

Over $250,000 (FAR 6.303-2)

PR Number 0040537438

12. Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e.

verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:

I certify that the justification is accurate and complete to the best of my knowledge and belief:

Reviewed for Legal Sufficiency by Solicitor’s Office (Not Applicable):

Over $250,000 (FAR 6.303-2)

Concurred by (1-level above Contracting Officer):

Approved by: (Regional Chief)