B08_IPP_Purchase_JOFOC_Redacted.pdf

United States Department of the Interior

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND

OPEN COMPETITION Over SAT $250,000 (FAR 6.303-2)

1. Identification of the Agency and the Contracting Activity:

Agency: U.S. Department of the Interior, National Park Service (NPS) Contracting Office: ConOps National Program Office: WASO Commercial Services Program (CSP) Contract Type: Firm Fixed Price Estimated Value:

Authority: FAR 13.5, Sole source (including brand name) acquisitions

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

This justification supports a sole source procurement for the acquisition of registered intellectual property—specifically, federally registered trademarks currently owned by Grand Teton Lodge Company (GTLC). These trademarks are directly associated with existing concession assets at Grand Teton National Park and are necessary for continued use under a forthcoming concession contract. The trademarks to be acquired include:

• Jackson Lake Lodge (Federal Registration No. 2992202)

• Jenny Lake Lodge (Federal Registration No. 2989469)

• Colter Bay Village (Federal Registration No. 3001429)

• Other Locations and assets

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

Estimated Value:

The supplies to be acquired are the rights to use and own specific registered trademarks associated with iconic facilities located within Grand Teton National Park. These names are used in signage, maps, promotional materials, websites, and booking systems.

Failure to acquire these trademarks would lead to:

• Significant rebranding and signage replacement costs for both NPS and incoming concessioners

• Confusion among visitors

• Loss of brand continuity and historical value

• Increased financial burden for future operators

The total estimated value of this procurement is based on an independent third-party valuation. The acquisition will ensure uninterrupted use of these recognizable names by future concessioners and will mitigate significant cost and operational risks to the NPS.

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

The statutory authority permitting this sole source action is 41 U.S. Code § 1901(e)(2), Simplified acquisition procedures - a sole source acquisition using simplified acquisition procedures for the acquisition of commercial items, as implemented by 10 U.S. C. § 3204(e) by FAR 13.501(a).

5. A Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires Use of the Authority Cited:

In 2017 Grand Teton Lodge Company informed the CSP that it trademarked tradenames associated with the Grand Teton National Park (GRTE) concession contract CC-GRTE001-07. In 2019 the CSP engaged in the prospectus development process which includes creating the solicitation and concession contract for the next operator at GRTE. During that process the NPS determined the need to retain the three trademarks owned by GTLC, to keep the asset names in the next concession contract and not incur cost associated with assets signage name changes, park maps and other directional signage, advertisement, and avoid visitor confusion and misinterpretation. Without this IPP purchase the NPS estimates that the incoming Concessioner would also likely incur cost in the hundreds of thousands of dollars to customize its existing system and prepare for marketing and selling Grand Teton accommodations due to the large number of photographs, videos, text, advertisements, designs, graphic logos, website content, software and other similar works of authorship.

GTLC is the sole registered owner of the subject trademarks. No other sources are capable of legally providing the required intellectual property. GTLC has agreed to sell the trademarks to the Government for a price supported by an independent valuation.

The registered trademarks are proprietary assets owned exclusively by GTLC. The NPS has no legal claim or access to these marks without purchase. Without the acquisition of these assets, NPS would face significant barriers in transferring and maintaining brand continuity under the new concession contract at GRTE.

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:

No other sources were solicited, as GTLC is the sole owner of the specific trademarks. The proprietary nature of the requirement precludes the possibility of competition.

Market research consisted of an independent valuation by David M. Dornbusch and Company, who determined the fair market value through a comprehensive analysis. The company has previously supported NPS with similar intellectual property valuation efforts at Yosemite National Park.

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

Fair and Reasonable:

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

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:

NPS commissioned an independent study (Task Order No. 140P2124P0054) from David M. Dornbusch and Company to evaluate the need for and value of the intellectual property. The findings confirmed the necessity of acquisition and supported the proposed valuation. No alternative vendors or sources exist due to the exclusive ownership status of GTLC. No additional market research was conducted.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

• The trademarks are directly tied to Government-owned physical assets and public-facing services.

• Acquisition will prevent unnecessary taxpayer expenditures, avoid confusion, and preserve long-standing park facility names.

15. Reviewed/Concur/Approved by: (if applicable)

Michelle B. Yates

(Date)

Chief of Contracting Office ConOps National

Approved by: (if applicable)

(Date) Beth McCabe Bureau Competition Advocate