JEFO_FY15-028_(redacted).pdf

Attachment D2 – Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

Attachment D2: JEFO > SAT D2-1 JEFO No. FY15-0211

JEFO No.: FY15-0281

Date: June 3, 2015 PR Number: 192115PHQASDF1062

1. The Department of Homeland Security (DHS), National Protection and Programs Directorate

(NPPD), Federal Protective Service (FPS), prepared this justification for an exception to fair opportunity.

The contracting activity for this effort is DHS, Office of Procurement Operations (OPO), FPS Acquisitions Division (AD), East Consolidated Contracting Group (ECCG). The POC at FPS AD is Jessica Rodriguez, (215) 521-2276 or via email at jessica.rodriguez@hq.dhs.gov

2. DHS/NPPD/FPS AD intends to award a single firm fixed priced contract for brand name fleet police motorcycles (Harley-Davidson) restricting consideration to items particular to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is particular to one manufacturer) without considering other awardees. The requirement will be competed via FedBizOps only amongst authorized Harley Davidson vendors. The specific subpart supporting this justification is FAR16.505 (b)(2)(i)(B).

3. A description of the supplies required to meet the agency’s need as follows:

The supplies required to meet the agency’s need include five (5) 2015 Harley-Davidson® FLHTP Electra Glide® police motorcycles with enhanced safety equipment and three years of maintenance, upgrade five (5) existing Government owned 2009 Harley- Davidson® FLHTP Electra Glide® with enhanced safety equipment, and motorcycle helmet communication kits.

The anticipated cost for this one-time purchase is $193,813.47 and reflected below.

Description Base Year 2015 Harley-Davidson FLHTP Electra Glide Police Motorcycle with Options

$123,146.40

Retrofit 2009 Harley-Davidson FLHTP Electra Glide Police Motorcycle with Options

$25,189.45

Police Motorcycle Helmets $3,146.00 Helmet Communication Kits $3,005.86 Shoulder Microphone $7,109.41 Auto-switching - Portable/Mobile Radio with Public Address System

$5,880.10

Labor Quote New Motorcycles $10,927.50 Labor Quote Existing Motorcycles $7,091.25 Decal Application $750.00 Radio Installation $1,162.50 mailto:jessica.rodriguez1@dhs.gov

Attachment D2: JEFO > SAT D2-2

Document Fee $1,495.00 Freight New Motorcycles $2,175.00 Freight Existing Motorcycles $160.00 Set-Up $2,575.00 Est. Grand Total $193,813.47

4. The specific exception that precludes the fair opportunity for this acquisition is FAR 16.505 (b)(2)(i)(B) – “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

The proposed acquisition for continued brand name is required in order to maintain uniformity in training, uniforms, equipment and accessories. A standardized police motorcycle fleet demonstrates a professional and cohesive organization.

FPS has an existing investment in its motorcycle fleet, which is built upon the Harley Davidson brand of motorcycles, to include training, certifications, uniforms, equipment, and accessories.

The unique interdependencies of the Harley Davidson with the motorcycle training and certification courses, uniforms, equipment and accessories create the need for FPS to continue to use Harley Davidson motorcycles. For FPS to migrate from its present fleet to an alternative source, require a complete fleet reinvestment that would span multiple years at additional cost to the organization.

Currently the FPS motorcycle fleet contains 10 Harley Davidson Police motorcycles. FPS has maintained a fleet of Harley Davidson Police Motorcycles for over 15 years. When the need arose for replacement, FPS procured the Harley Davidson Police motorcycles through sole source avenues. Currently, FPS motor officers are trained and certified on a course designed specifically for the Harley Davidson motorcycle, which is standardized throughout law enforcement and certified by the National Highway Safety and Transportation Administration.

Each motor officer completes ~ two (2) weeks of training taught by FPS instructors and a two (2) week certified training course taught by the Metropolitan Police Department. This training is essential for the motor officer and highlights the motorcycle’s abilities, limitations as well as the rider’s abilities and limitations to safely and effectively operate the motorcycle in obstacles that mimic real world scenarios.

Both courses are offered to FPS at no additional charge. Since this course is specific to the Harley Davidson motorcycle, choosing a different brand will require motor officers to be re-trained and re-certified on a different course. The estimated cost to the Government to use a different course is an additional $30,000.00.

FPS motorcycle unit practices safety through uniformity and are familiar with the current configuration of the Harley Davidson police motorcycles. Having a different style of motorcycle poses an officer safety issue as at any given time, a motorcycle officer may be required to ride any other FPS police motorcycle to continue a mission. Transitioning from one

Attachment D2: JEFO > SAT D2-3 brand to another without an acclimation period places the motor officer at high-risk due to the officer’s inability to become acclimated to the different brand’s features, thresholds and limitations.

The accessibility to Harley Davidson parts and repair facilities is paramount to the mission continuity of FPS motors. Other brands would require that certain parts be shipped from overseas before a repair can be made. In addition, awaiting incoming shipments to clear US Customs adds to the down time of the motor which severely impacts the mission capability.

Finally, the current motor officer uniforms are based on the Harley-Davidson safety features.

Extensive law enforcement studies have shown that the Harley-Davidson police motorcycle can be used as protection during a gun fight, which is now incorporated into the certified training received by motor officers. During riots and crowd control situations, the large fairing of the Harley Davidson Electra Glide Police motorcycle affords the motors officer protection against demonstrators attempting to manipulate the controls of the motor while in motion and allows the motor officer to move crowds in a desired direction with limited exposure. Additionally, the design of the crash bar and footboards are exclusive to Harley Davidson and enable the motor officer to lay the motorcycle down at speed and not receive any injuries, while remaining on the motorcycle, since there is very little contact with the pavement. Changing motorcycle brands to venders that do not utilize these safety features will require a change in motor officer uniforms to include different boots, reinforced padding inside the gloves, padded undergarments, padded motorcycle jackets, and a full face helmet. The estimated additional cost to the Government to purchase new uniform accessories is $12,500.

5. The contracting officer has determined that the anticipated cost to the Government will be fair and reasonable. FPS has procured various Harley Davidson motorcycles, equipment, and accessories in the past and had demonstrated that the pricing was fair and reasonable. These are commercial items and as such pricing of similar items were found in various catalogs, along with historical pricing data and competition amongst authorized sellers of the Harley Davidson brand will also assist in a fair and reasonable price determination.

6. DHS/FPS conducted market research on similar brands and found that they lacked the peculiar feature(s) required, do not meet, or cannot be modified to meet, the needs of DHS without substantial additional cost to the Government. Procuring an alternate product based on salient characteristics other than the Harley Davidson will require complete uniform replacement with a significant increase in cost. This involves purchasing new safety equipment along with retraining and recertification of officers on a new course.

7. FPS will continue to work towards moving requirements from a “brand name” environment to one where requirements are listed in terms of “functional characteristics”. In the future, FPS will attempt to test other brands to determine wither they are compatible with the current DHS uniforms, accessories, equipment and training courses.

8. DHS intends to post this requirement on FedBizOps pursuant to FAR 16.505(b)(2)(ii)(D).

Attachment D2 -Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR !6.505(b)(2)(ii)(B)

9. Pursuant to FAR 16.505(b)(2)(ii)(B), 1 certify that this requirement meets the Government's minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Represenlalive/COR Dale

10. Approval:

Pursuant to FAR 16.505(b)(2)(ii)(B). I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exceptipn to fair opportunity exist:

Not exceeding $650,000

Contracting Officer

Over $650,000 but not exceeding $12.5 million

Component Competition Advocate

Date

Over $12.5 million but not exceeding $62.5 million

Head of Contracting Activity

Date

Over $62.5 million

Chief Procurement Officer

Date

Attachment D2: JEFO > SAT

JEFONo. FY15-02II

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