B08(d)_Brand_Name_Justification_Harley-Davidson.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

NATIONAL CAPITAL AREA

1100 Ohio Drive S.W.

Washington, D.C., 20242

JUSTIFICATION AND APPROVAL

for

Harley-Davidson Electra Glide Police Motorcycles

IAW

FAR 13.501

Sole source (including brand name) acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6, however Contracting Officers must justify and approve the purchase in writing.

IAW FAR 6.302-1(c)(1) an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer – (i) does not provide for full and open competition, regardless of the number of sources solicited;

and (ii) shall be justified and approved IAW 6.303 and 6.304.

This Justification and Approval follows the format at FAR 6.303-2, modified to reflect the procedures at FAR

13.5 were used IAW FAR 13.501(a)(ii).

1. DESCRIPTION OF THE SUPPLIES/SERVCICES REQUIRED

Four (6) Harley-Davidson Electra Glide Police Motorcycles.

2. JUSTIFICATION FOR SOLICITING A BRAND NAME

X FAR 13.106-1(b)(1)(ii): Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.

The brand-name requirement for Harley-Davidson Electra Glide Police motorcycles is justified due to the unique capabilities which are possessed only by Harley-Davidson.

Harley-Davidson is the only manufacturer which offers compatible sidecars designed for law enforcement which are compatible with the United States Park Police (USPP) existing Harley-Davidson motorcycle fleet.

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 (100) service hours a month to maintain the existing USPP Harley-Davidson Motorcycle fleet. Selecting other than Harley-Davidson motorcycles will force the USPP Motorcycle technicians to obtain additional training 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 which 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. These missions occur regardless of weather conditions. The tactical application of the motorcycle platform is critical to the successful execution of the motorcade support mission. During the months from December through March, freezing precipitation makes the operation of the motorcycle more hazardous. All three agencies utilize the Harley Davidson Sidecar System to mitigate this hazard during those months. This system has been proven effective over several decades of implementation. No other manufacturer of police motorcycles offers this system. To accomplish these missions, the USPP utilizes Harley-Davidson motorcycles, which are American-made and the same type of motorcycle currently in use at the United States Secret Service.

Escorting the President and other U.S. officials in and around the Washington, D.C metropolitan area of a foreign made and/or other than Harley-Davidson motorcycles will not provide a positive image to the American public.

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.

FOR OFFICIAL USE ONLY

3. EFFORTS TO OBTAIN COMPETITION

If the results of GSA's RFI demonstrate this requirement can be fulfilled via GSA, this order will be placed on GSA. Market research has demonstrated that there are 3 Small Businesses who are capable of providing Harley-Davidson Electra Glide Police Motorcycles in the National Capital Region. If GSA's RFI demonstrates there are no viable sources, this requirement will be posted to the Government Point of Entry set-aside for Small Business.

4. STEPS TO PRECLUDE FUTURE BRAND NAME AWARDS

It is not practicable for USPP to maintain a mixed brand fleet of police motorcycles due to reasons outlined in paragraph 2. There are no other brands which satisfy the USPP requirements. This is a commercial item, and non-developmental items are not available nor can be modified so that they will satisfy the agency’s needs.

There are no alternates which might fill the Government’s need.

5. OTHER FACTORS

This Justification and Approval has been certified as complete and accurate by the technical and / or requiring activity (USPP).

6. CONTRACTING OFFICER’S DETERMINATION

This Justification and Approval covers the requirement for Four (6) Harley-Davidson Electra Glide Police Motorcycles. The supply and installation of law enforcement emergency equipment (upfits) is not included.

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a brand name is reasonably available.

I have determined, IAW FAR 13.501(a)(2) that the portion of this acquisition which requires a brand-name is appropriate.

I have determined IAW FAR 6.303 that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Jeffery Jarboe Michelle Shoshone Commander, USPP Motorcycle Unit Contracting Officer National Park Service, National Capital Region National Park Service, National Capitol Region United States Park Police United States Park Police