Justification and Approval Brand Name Requirements.pdf

Federal Law Enforcement Training Centers U.S. Department of Homeland Security 1300 West Richey Avenue Artesia, New Mexico 88210

405-146 (MRSD/PRO) April 21, 2022

SUBJECT: Justification and Approval (J&A) for Brand Name Procurement of

Goodyear pursuit rated tires for safety reasons.

Reference: FAR 6.302-1 Only One Responsible Source and no Other Supplies of

Services Will Satisfy Agency Requirements (Brand Name)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1 the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rational required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Center, DFTD proposes to enter into a contract on a basis other than full and open competition for Brand Name, Goodyear Tires.

(2) Nature and/or description of the action being approved. FLETC Artesia has a requirement for brand name Goodyear, Firestone, and Michelin pursuit rated tires for all our training fleet. At Driver Training Branch we have had experience with several different brands of pursuit rated tires and our experience has shown that the Goodyear pursuit rated tire performs to the required standard. When we acquired the Malibu’s and Expeditions the tires from the factory were Michelin and Firestone.

(3) Description of Supplies/Services.

The requirement is to provide:

1. Goodyear Wrangler all terrain LT265/70Rl7 Product Code 748- 661-572, Tahoe box truck, quantity of 180.

2. Goodyear Wrangler SR-A 265/70rl 7 Product Code 179-696-217, F150, quantity of 180 tires.

3. Goodyear Eagle RS-A police 235/5 5Rl7, Crown Vic’s Product Code 732-002-500 quantity of l 00 tires.

4. Goodyear Eagle RS-A police 245/55Rl 8 Product Code 732-026-500, Interceptor SUV quantity 200 tires.

5. Goodyear Eagle RS-A 235/50/R18 Product Code 732-276-500, Interceptor sedan quantity of 200 tires.

6. Goodyear Wrangler Dur Trac LT 285/70R17 Jeeps Product Code 312-052027 quantity of 80 tires.

7. Goodyear Assurance All Season 215/65R17, Chargers Product Code 407-719-374 quantity of 180 tires.

8. Firestone 205/65R16 Malibu Product Code *2056516 quantity of 50 tires.

9. Michelin 275/65R18 Expeditions Product Code *2756518 quantity of 60 tires.

Pending Availability of Funds for.

(4) Identification of Statutory Authority Permitting Other than Full and Open Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and no Other Supplies of Services Will Satisfy Agency Requirements”.

(5) Demonstration that the Nature of the Acquisition Requires use of the Authority Cited. The basis for this request from Drivers Training Branch, FLETC, Artesia to purchase Goodyear Pursuit Rated Tires. FLETC Artesia Driver Training Branch is experiencing a significant and provable safety concern using other brands of pursuit rated tires of similar specifications. Further, the FLETC Artesia Driver Training branch has experience with the pursuit rated Goodyear Eagle GT Radial Tires (which have been discontinued) and the Goodyear Eagle RS-A - P235/55R17 97 V which perform well above standard and are a safe tire for our purposes.

Training vehicles are driven at times between 70 – 90 mph while doing laps and pursuits, with curves taken between 30 – 50 mph. Some agencies are conducting PIT Precision Immobilization Training as well. This training requires the vehicle to have an extremely stable position at moderate speeds in order to strike and impact the car they are pursuing, causing the suspect car to spin out and off of the roadway.

The lives of students and instructors could be lost in the event of a catastrophic tire failure.

Some of the other brands of tires that were on several vehicles experienced tread chipping. We have photos of these tires on file of the tread chipping on these tires. Tread chipping is not normal wear and is especially not normal wear on high performance tires.

(6) Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. The requirement will be posted in SAM.gov to allow other vendors the opportunity to submit a quote.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer will determine Fair and Price Reasonableness based on comparison of quotes received.

(8) Description of Market Research. Market research has been accomplished periodically by the FLETC Artesia Subject Matter Experts to determine the availability of equipment that will meet the training needs. There are many vendors available for the purchase of Goodyear tires.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition. See information in paragraphs (5) and (8) above and please consider the following information.

“See Michigan State Police Tire Testing Report at http://www.hendonpub.com/reesources/article_archive/results/details?id=1047

(10) A Listing of the Sources, if Any, That Expressed, in Writing, an Interest in the Acquisition.

No sources have expressed interest at this time.

(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 Supplies or Services Required.

FLETC will continue to monitor and review tire testing sources and reports to overcome barriers to competition before subsequent acquisitions.

(12) Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

_____________________________ 4/21/2022 Nicholas Antal Date Contracting Officer

(13) Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

__Joyce Shipley_____________________ 3/9/22 Joyce Shipley Date Technical Representative