B08(e)_Brand_Name_Justification-_LE_Kit.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

WHELEN PAR32DJ red/blue/white, Lighting on the Law Enforcement Emergency Equipment Kit

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 WHELEN PAR32DJ red/blue/white, Lighting on the Law Enforcement Emergency Equipment Kit is justified due to the required functionality. WHELEN PAR32DJ has the capability to be programmed to toggle to a solid white running light to serve as auxiliary forward lighting for night operation in low light.

Previous purchases which included alternate lighting fixtures were discovered to not fit into the required functionality and had to be retro-fitted. In addition, the alternate lighting was shorting out the emergency equipment, causing equipment to be non-operational.

3. EFFORTS TO OBTAIN COMPETITION

If the results of the market research demonstrate this requirement can be fulfilled via GSA, this order will be placed on GSA. If the results of the market research demonstrate that 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

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).

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

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