Attachment_2_to_140P1218Q0087_Filterpave_Brand_Name_Justification_Signed.pdf

IN REPLY REFER TO:

1. Identifications:

a. Agency: National Park Service

b. Contracting Office: Lakewood MABO

2. Description of the action being approved:

The National Park Service (NPS) shall be soliciting for Filterpave Bound Aggregate Porous Pavement Material. The documents included with the solicitation call for specific brand name products that are peculiar to one manufacturer. This written justification provides approval for limiting competition to the listed brand name products as authorized by the Federal Acquisition Regulations (FAR).

3. Description of supplies and services:

Filterpave bound aggregate porous pavement material to be delivered to Rocky Mountain National Park. QTY: 45 CY.

4. Authority:

a. 41 U.S.C. 253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

b. FAR Part 11.105: The Brand Name products are essential to the Government’s requirements, and market research indicates other companies’ similar products do not meet and cannot be modified to meet the agency’s needs.

c. FAR 6.302-1: The use of the name brand products are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

5. The description of the product’s unique qualifications or the unique nature of the acquisition:

Rocky Mountain National Park Trail Crew is seeking to purchase a bound aggregate porous pavement product for use as a hardened trail surface on the park’s ABA standard trails. The bound aggregate porous pavement product shall be mixed on-site and poured-in-place by Trail Crew employees.

This project is to reconstruct a 0.3 mile accessible trail between two parking lots located on the east and west sides of the Roaring River alluvial fan area within Rocky Mountain National Park (ROMO). A flood event in 2013 washed out most of the asphalt trail including the bridge across the Roaring River. The asphalt trail portion was severely damaged and has since been removed. A new trail route, approximately 1,950 LF, will be constructed connecting the

United States Department of the Interior

NATIONAL PARK SERVICE

Intermountain Region 12795 West Alameda Parkway

Lakewood, CO 80228 east and west parking lots. The trail will be re-established as an accessible trail using Architectural Barriers Act (ABA) design guidelines for outdoor recreation trails.

The completion of this project requires the use of a trail tread material that meets the surface requirement as defined in section 1017.2 of the Accessibility Standards for Federal Outdoor Developed Areas. In conversations with the US Access Board, it is their recommendation to replace the damaged asphalt trail surface with asphalt or a similarly hard material to provide the same level of access at the site which was established prior to the 2013 flood. As part of ROMO’s project review process, it was identified that the trail tread material shall not be an oil-based product to reduce the possibility of leaching into nearby waterway and adjacent soils.

This requirement, set forth by Darla Sidles, ROMO Superintendent, essentially eliminates the use of any asphalt product. Furthermore, the tread surface material shall provide a consistent surface, shall establish a permeable surface for drainage purposes, and shall provide for stormwater infiltration. A tread material with these characteristics will meet the ABA trail surface requirement found in section 1017.2 of the Accessibility Standards for Federal Outdoor Developed Areas which states, “A firm trail surface resists deformation by indentations. A stable trail surface is not permanently affected by expected weather conditions and can sustain normal wear and tear from the expected uses between planned maintenances.”

Filterpave Products LLC of Higbee, MO, manufacture a bound aggregate porous pavement product which meets the requirements of this project.

A recent National Park Service (NPS) Field Notes publication, written by the Park Cultural Landscapes Program, titled Path & Trail Surface Alternatives for Cultural Landscape Applications evaluated multiple trail surface alternatives. Filterpave was the only porous pavement product included in this evaluation. ROMO’s decision to pursue the purchase and installation of the Filterpave product on the Alluvial Fan trail is based on this evaluation.

The evaluation of Filterpave by the Park Cultural Landscapes Program only stated Pros and no Cons. The Pros include water permeable, initial install looks great and good public feedback.

These benefits were gathered from Acadia National Park’s (ACAD) staff and based on the installation of Filterpave along the Ocean Path trail in the fall of 2016.

In the past, only asphalt products have been used on front country accessible trails within ROMO. The use of a bound aggregate porous pavement product on the Alluvial Fan trail will be the first of its kind within ROMO. It is essential that throughout the purchase and installation of this product the park receives focused product support from the company.

Based on ACAD’s experience with Filterpave Products LLC, this company will provide the needed attention ROMO trails needs to make this project successful.

6. Efforts to obtain competition:

a. Efforts to ensure offers are solicited from as many potential sources as is practicable:

For acquisitions over $25,000 the solicitation will be issued on the Government’s Point of Entry, FedBizOpps.gov.

b. Presolicitation notice per FAR 5.2:

For acquisitions over $25,000 a presolicitation notice shall be posted on the Government’s Point of Entry, FedBizOpps.gov unless the exception noted at FAR Part 5.202(a)(13) applies.

7. Determination that costs will be fair & reasonable:

The Government will determine price fair and reasonable by obtaining quotes from three small business vendors or by comparing previous Government procurements if only one quote is received.

8. Description of the market research conducted:

Market research found that there are other companies manufacturing porous pavement products.

These products range from paver solutions to geo-grid systems, both which lend themselves to an inconsistent surface and not applicable to trail applications. In order to meet ABA requirements, the tread material used must be continuous with no obstructions. Market research revealed one other company (Porous Pave, Inc.) that offers a similar product. However, their product is a blend of 50% recycled rubber chips and 50% dry aggregate which puts this product in the recycled tire pavement category. The project site where the porous pavement product is to be used is near water and prone to flooding. It is not in the best interest of the Park to use a product that contains rubber which may pollute the surrounding area upon failure. Research at Yellowstone National Park on the use of recycled rubber products shows a high rate of failure.

Based on this evaluation and ACAD’s positive experience, ROMO trail crew purchased 100 sf of Filterpave product as a test. Results of this test were positive in the installation, support, and training provided by Filterpave Products LLC.

9. Other facts supporting other than full & open competition:

a. Reason why documents suitable for full & open competition have not been developed:

See Item 5 Above.

b. Data, estimated costs or other rationale as to the extent or harm to the Government:

See item 5 above.

10. Interested Sources:

11. Actions to remove barriers to competition in the future for similar acquisitions:

12. Technical Certifications:

a. I do hereby recommend the use of the Brand Name products noted above for the procurement noted above.

b. I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Name:________________________________ Title: _____________________________________

Signature: Date:

Shawn Wignall ROMO Trails Program Supervisor (Acting)

07/19/2018

SHAWN WIGNALL

Digitally signed by SHAWN

WIGNALL

Date: 2018.07.19 10:47:12 -06'00'

Name: Sherry Packard_____________________ Title: MABO Lead ______________________

Signature:____________________________ Date: _07/19/2018___________________

Name: Bill Walton_____________________ Title: Contracting Officer_____________________

Signature:____________________________ Date: _07/19/2018___________________

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