A16_JOFOC_BrandName_YOSE_229677_Over150k_REQD.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION Over $150,000 (FAR 6.3032)

PR Number: TBD______

1. Identification of the Agency and the Contracting Activity:

Department of the Interior – National Park Service Denver Service Center

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

Application for brand name descriptions for YOSE 229677 Rehabilitate Tuolumne Meadows (Solicitation 140P2021R0082)

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

BearSaver FS30 bearresistant food storage lockers are IGBC certified, ADA compliant and have a patented singlemotion latching mechanism not found in any other similar products.

Food storage lockers must be rugged, high quality metal enclosures designed for safe and convenient food storage in campgrounds, picnic area and trailheads. The lockers must be very simple for users to operate, but beyond the capability of bears and have patented latching mechanism (US 10,648,199 B2).

Lockers must be certified by the Interagency Grizzly Bear Committee and be rodent proof as well as bear proof. The project will require 400 bear boxes to be placed in the park, with an estimated value of $440,000.

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

Competition:

FAR 6.3021, Only one source and no other supplies or services will satisfy agency requirements.

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

BearSaver FS30 bearresistant food storage lockers have patented latching mechanism (US 10,648,199 B2). The effectiveness of these lockers, the ease of use of the patented, singlemotion latching mechanism, and the consistency in operation of these units across the park have resulted in significant decline in situations that are dangerous to both bears and humans.

Maintenance and repair of these lockers from BearSaver, save the Park nearly $80K in property damage cost with the consistency of their operation, repair and functionality.

Based on historic data identified by the park, other lockers, without the patented locking system, do not provide the same benefits.

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:

A presolicitation notice for the construction contract will be posted on www.sam.gov, and the government will continue to monitor the market, technological advances, and alternatives to identify competition for future requirements.

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

Government Will Be Fair and Reasonable:

The contracting officer anticipates the pricing to be fair and reasonable, and consistent with published catalog pricing. Additionally, the CO anticipates the manufacturer to provide the items at the GSA pricing under schedule GS07F6004P, and apply any potential discounts that are normally applied to orders for larger quantities.

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 revealed that only one manufacturer (BearSaver) produces the bearresistant food storage locker to our required specifications which includes the patented latching mechanism. Based on our research, RJ Thomas Co, Inc. (Pilotrock.com), bearicuda.com, Jamestown Advanced Products and Robertson Enterprises were all found to make similar products, but do not meet the required locker specifications (latching mechanism).

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.3022 (9) (i) – (iii) for some examples):

It is necessary that the park place reliable and proven equipment in the parks to mitigate known risks of humanbear conflicts. Since the installation of the first BearSaver FS30 lockers in Yosemite National Park in 2002, there is documented reductions in human bear conflict, largely attributed to the unique characteristics of the lockers.

The park has documented a 50% decrease in human injuries (from 48 in the 18 years prior to placement of locker to 24 after the lockers were placed) and a 51% decrease in the number of threatening bears killed by the NPS (from 70 to 34 in the same timeframe comparison). The reduction of both are directly attributed to the placement of BearSaver lockers.

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

Acquisition:

See paragraph 8 for information on potential sources identified during market research.

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 acquisition team reviewed historical data, the salient characteristics, specifically addressing the locking mechanism of the BearSaver FS30 lockers and determined that the market does not currently offer any other manufacturer that can provide the patented locking mechanism until the patent expires on 08092026, under patent US 10,648,199 B2 which will allow other manufacturers to use the locking mechanism on competing products. NPS will continue to research the market for potential equals and will ensure competition is sought at that time.

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:

(Signature) (Date)

(Type or Print Name): Andrea Lind (Title): Project Manager

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

(Type or Print Name):

Contracting officer

Reviewed/Concur/Approved by: (if applicable)

Regional or Center Chief of Contracting

Approved by: (if applicable)

Bureau Competition Advocate