47QSWC24K0091-SSJ Brand Name BMW Motorcycle-Fully Signed.pdf

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND

SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER

THAN FULL AND OPEN COMPETITION."

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Office of General Supplies and Services (GSS), Large SOP 819 Taylor St.

Fort Worth, TX 76102

Requiring Activity: Federal Protective Service (FPS)- Directorate of Technology and Innovation 800 N. Capitol Street, NW Washington D.C. 20002

Description of Requirement: BMW Parade Motorcycles

Manufacturer: BMW of North America GSA’s Acquisition PIID # 47QSWC24K0091 Period of Performance (POP): 120 days ARO Contract Value:

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This action is to request the approval of a sole source (brand name) purchase order in accordance with FAR 13, Simplified Acquisition Procedures. The requirements at 13.501(a) apply to sole source (including brand name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.106-1(b). This will be a one-time sole source (brand name) firm-fixed priced purchase order for the supply of five (5) each BMW R 1250RT-P motorcycles (customized to the Law Enforcement parade specifications listed in the Commercial Item Description (CID)) to support their mission.

3. A DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE)

This BNJ is for the purchase of five (5) each BMW R 1250RT-P motorcycles (customized to the parade specifications listed in the Commercial Item Description (CID).

Contractor sall provide commercial vehicles that are equipped with vehicle emissions that meet U.S. Environmental Protection Agency (EPA) standards. The winning contractor will take the brand name BMW motorcycle and they will provide services that will consist of additional after-market customizations: acquisitions and procurement, property accountability, integration of after-market materials into a commercial vehicle, and returning it to Original Equipment Manufacturer

General Services Administration Brand Name Justification (BNJ)

FAR 13 Simplified Acquisition Procedures

Sole Source Justification – MDMC Single Pass Pre-Heat Oven

(OEM) standards.

4. AN IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

The statutory authority for applying the FAR 13.106-1(b)(1) “Soliciting Competition-For orders not exceeding the simplified acquisition threshold”. For sole source purchases not exceeding the simplified acquisition threshold, the Contracting Officer (CO) may solicit from one source if they deem only one source is reasonable available; therefore, competition is restricted on this procurement for the reason selected below:

XX Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements 10 U.S.C. 3204(a)(1) __ Unusual and Compelling Urgency 10 U.S.C. 3204(a)(2) __ Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

For sole source purchases (brand name) not exceeding the simplified acquisition threshold, the CO is required to justify the sole source nature utilizing the format at FAR 6.303-2 properly modified. This document has been modified accordingly and IAW with FAR 5.102(a)(6) the CO shall include the justification with the solicitation. This justification will be made available with the solicitation when published on SAM.gov.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES THE USE

OF THE AUTHORITY CITED

The Federal Protection Service (FPS) has a requirement to replace five (5) motorcycles that have exceeded their lifecycle replacement standard of ten (10) years. The FPS motors program would like to take the replacement opportunity to expand their fleet by incorporating BMW R 1250-RT-P motorcycles. The BMW R 1250RT-P motorcycles are required for Law Enforcement duties and ceremonial events. FPS participates in joint ceremonial events with state and local Law Enforcement partners who maintain motor fleets with BMW R 1250-RT-P motorcycles. To preserve Law Enforcement motors uniformity, FPS fleet must acquire a fleet of BMW motorcycles.

First, riding motorcycles is a dangerous activity and when used in a law enforcement environment the threat of physical bodily harm is drastically increase. To mitigate that risk, FPS has decided to limit their motor fleet. By specializing on only two (2) brands and models of motorcycles, FPS will specialize training programs thus making their riders very familiar with the riding characteristics, handling, and mechanics of the vehicles. If another brand of motorcycle is introduced, FPS would be required to create new riding safety protocols and riding classes, thus increasing the life-cycle cost of the program.

A second unique qualification revolves around the ability to get these bikes serviced and repaired, quickly and efficiently. BMW has corporate dealerships with repair shops and certified motorcycle technicians all over the country. FPS is nation-wide so having dealerships that are close is a must so that they may fulfill their mission. Having more than two (2) brands of motorcycles that require servicing and repairs when needed would be an inefficient use of time for FPS’s understaffed team of motor officers as they are responsible for maintaining their assigned motorcycles.

Based on BMW being the required brand name, BMW of North America was contracted as they are the immediate owner of the parent organization of Bayerische Motoren Werke AG (BMW).

BMW utilizes both dealerships and direct to Government sales for their automotive (automobiles and motorcycles) products. In conversations (Jack Kelly) with BMW of North American they declined to quote this requirement based on the customizations. BMW of North America stated that this should be competed among the BMW dealerships authorized to customize their products.

For the above reasons utilizing BMW of North America (the manufacturer) directly is not possible so this will be brand name requirement for the BMW brand but will be competed among all contractors able to complete the work.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERORS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED

BY SUBPART 5.2, AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES

FAR 5.202(a)(13)(i) thru (iii) “Exceptions” is applicable to this requirement. The requirement is:

(i) for an amount not expected to exceed the SAT.

(ii) The solicitation will be made through SAM.gov

(iii) SAM.gov allows the public to see and respond to the solicitation.

Therefore, FAR 5.102(a)(6) requires that the CO shall include the justification with the solicitation when it posts. This justification will be made available with the solicitation when published on SAM.gov.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST WILL BE FAIR AND REASONABLE

This requirement is brand name and the Government will be utilizing at least two (2) price analysis techniques outlined in FAR 13.106-3 by which to determine pricing submitted is fair and reasonable. These techniques include, but not limited to the following:

Requesting recent commercial and Government sales history Making indirect pricing comparisons to:

o the same or similar items in the marketplace;

o competitive published price lists;

o independent government cost estimates.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED

The market research conducted by the Contracting Officer (CO) and information submitted by the customer for review indicates that only BMW brand name motorcycles can meet their needs.

The CO posted a Source Sought (SS) on SAM.gov and received Seven (7) responses from dealerships and contractors that stated they could provide the required product. The following is list of responders to the SS:

Contractor Business NAICS* Country of Contractor*

BMW of North America 423110, 423120 U.S.

BTM Enterprise LLC 541611, 541614, 813910 U.S.

EMAAR Al Amal Company NO NAICS listed in SAM.gov Iraq Fantastic Star Company NO NAICS listed in SAM.gov Iraq Gold Hills Company NO NAICS listed in SAM.gov Iraq Golden Hands Private Company NO NAICS listed in SAM.gov Iraq Lockery Associates LLC 236116, 236118, 541611, 541614, 541618 U.S.

*According to SAM.gov

In researching the respondents, two (2) issues were noticed:

1. None of the contractors listed above have the required NAICS code (336991 “Motorcycle, Bicycle and Parts Manufacturing”) listed in their SAM.gov registrations. Without the proper NAICS it cannot be determined if the contractors have the technical expertise and manufacturing capability to customize the BMWs to meet the CID.

2. Several of the respondents are not U.S. based company’s and this requirement is subject to the Buy American Act (BAA).

FPS provided two (2) possible sources in Bob’s Motorcycle and Morton’s BMW Motorcycles (Morton-Massey Inc. UEI XFB5H89LA9K7). Bob’s Motorcycles is not registered in SAM.gov.

Morton’s BMW is registered in SAM.gov and has expressed interest to GSA regarding this requirement.

Based on the results of the above market research there is a reasonable expectation of receiving competition via posting the solicitation on SAM.gov

9. ANY OTHER FACTS SUPPORT THE USE OF OTHER THAN FULL AND OPEN

COMPETITION SUCH AS: (i) EXPLANATION OF WHY TECHNICAL DATA PACKAGES, SPECIFICATIONS, ENGINEERING DESCRIPTIONS, STATEMENTS OF WORK, OR

PURCHASE DESCRIPTIONS SUITABLE FOR FULL AND OPEN COMPETITION HAVE

NOT BEEN DEVELOPED OR ARE NOT AVAILABLE; (ii) WHEN 6.302-1 IS CITED FOR FOLLOW-ON ACQUISITIONS AS DESCRIBED IN 6.302-1(a)(2)(ii), AN ESTIMATE OF

THE COST TO THE GOVERNMENT THAT WOULD BE DUPLICATED AND HOW THE

ESTIMATE WAS DERIVED; (iii) WHEN 6.302-2 IS CITED, DATA, ESTIMATED COST, OR

THE RATIONALE AS TO THE EXTENT AND NATURE OF THE HARM TO THE

GOVERNMENT

As stated earlier, this requirement is subject to the Buy American Act. The FAI Decision tool for supplies was consulted and based on the responses BAA is applicable.

10. A LISTING OF THE SOURCE, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

No other sources expressed interest for this requirement.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR TO OVERCOME BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES

REQUIRED

The brand name BMW motorcycle is currently the only reasonable brand capable of meeting the Government’s needs. Prior to any subsequent procurement, the Government will once again review the market using various methods to assess whether any other qualified sources are available and are able to meet the Government’s requirements.

12. TECHNICAL REQUIREMENTS CERTIFICATION

On behalf of the Requiring Agency, the undersigned Client Agency Technical Representative hereby certifies that the brand name award for a BMW brand motorcycle is the only reasonable brand capable of providing the required components that will meet the minimum needs of the Government and the basis for the justification is complete and accurate to the best of my knowledge. Further, I understand the facts I have presented will be solely relied upon to make the determination to limit competition and sources for this procurement.

Stacey Hinzman Date

STACEY R HINZMAN Digitally signed by STACEY R HINZMAN Date: 2024.07.17 14:04:08 -04'00'

13. CONTRACTING OFFICER CERTIFICATION AND APPROVAL

The Contracting Officer has determined this procurement meets the circumstances described in 10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and that the appropriate actions were taken under this acquisition to meet the conditions described in FAR Subpart 13.106. The information contained in this justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

Jack Brothers, Contracting Officer Large SOP (QSCBDB)

Date

JACK BROTHERS Digitally signed by JACK BROTHERS

Date: 2024.07.17 14:06:34 -05'00'