SSJ 47QSWC24K0091 BMW Motorcycle-SAM Fully sigend.pdf

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND

SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER

THAN FULL AND OPEN COMPETITION."

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Office of General Supplies and Services (GSS), Large SOP 819 Taylor St.

Fort Worth, TX 76102

Requiring Activity: Federal Protective Service (FPS)- Directorate of Technology and Innovation 800 N. Capitol Street, NW Washington D.C. 20002

Description of Requirement: BMW Parade Motorcycles

Manufacturer: BMW of North America GSA’s Acquisition PIID # 47QSWC24K0091 Period of Performance (POP): 120 days ARO Contract Value:

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This action is to request the approval of a sole source purchase order in accordance with FAR 13, Simplified Acquisition Procedures. The requirements at 13.501(a) apply to sole source (including brand name) acquisitions of commercial products and commercial services conducted pursuant to subpart 13.106-1(b). This will be a one-time sole source firm-fixed priced purchase order for the supply of five (5) each BMW R 1250RT-P motorcycles (customized to the parade specifications listed in the Commercial Item Description (CID)) to support their mission.

3. A DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE)

This SSJ is for the purchase of five (5) each BMW R 1250RT-P motorcycles (customized to the parade specifications listed in the Commercial Item Description (CID).

BMW of North America shall provide commercial vehicles that are equipped with vehicle emissions that meet U.S. Environmental Protection Agency (EPA) standards. They will provide services that will consist of the following functions of the additional after-market customizations: acquisitions and procurement, property accountability, integration of after-market materials into a commercial vehicle, and returning it to Original Equipment Manufacturer (OEM) standards. The contractor’s

General Services Administration Sole Source Justification (SSJ)

FAR 13 Simplified Acquisition Procedures

Sole Source Justification services are currently being provided to other vehicles within the Department of Defense (DOD).

4. AN IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

The statutory authority for applying the FAR 13.106-1(b)(1) “Soliciting Competition-For orders not exceeding the simplified acquisition threshold”. For sole source purchases not exceeding the simplified acquisition threshold, the Contracting Officer (CO) may solicit from one source if they deem only one source is reasonable available; therefore, competition is restricted on this procurement for the reason selected below:

XX Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements 10 U.S.C. 3204(a)(1) __ Unusual and Compelling Urgency 10 U.S.C. 3204(a)(2) __ Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

For sole source purchases not exceeding the simplified acquisition threshold, the CO is required to justify the sole source nature utilizing the format at FAR 6.303-2 properly modified.

This document has been modified accordingly and IAW with FAR 5.102(a)(6) the CO shall include the justification with the solicitation. This justification will be made available with the solicitation when published on SAM.gov.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES THE USE

OF THE AUTHORITY CITED

The BMW R 1250RT-P motorcycles are required primarily for ceremonial events and must be matched to maintain the pageantry of the ceremony. BMW motorcycles are currently utilized by FPS as they have proven reliability and low maintenance costs.

BMW of North America is the immediate owner of the parent organization of Bayerische Motoren Werke AG (BMW) who utilizes both dealerships and direct to Government sales for their automotive (automobiles and motorcycles) products. Although dealerships are an option to satisfy this requirement BMW of North America has unique qualifications that dealerships do not.

First, conversations with a BMW Representative (Jack Kelly) on 06/03/2024 revealed that only BMW of North America is authorized to offer direct to Government special discounted pricing.

Without this direct to Government discounts, a dealership would be required to pay BMW of North America standard dealer rates for the motorcycles then have an added cost for completing the customizations.

Secondly, BMW of North America has already done many of these bikes for other Government customers. Other Agencies such as the Department of State (DOS), U.S. Customs and Border Protection (CBP) and several State police agencies have ordered very similar products. Based on BMW of North America's previous work they can reduce product leadtime and deliver the product faster. Also, BMW of North America can integrate the customizations into the original equipment

(OE), meaning that at the time the motorcycle is being built the wiring for the additional lights, sirens, and wireless communication systems can be integrated into the OE wiring. This creates a more efficient and cleaner looking motorcycle which is required as these are for ceremonial events. The larger advantage of integrated wiring is that it will be easier to service and conduct repair work. If not awarded to BMW of North America, then a dealership will be required to get a base model BMW, disassemble, diagram the new wiring and reassemble with the customizations.

A third unique qualification for BMW of North America is that the Original Manufacturer Equipment (OEM) warranty is maintained for the bikes. All BMW dealerships will be able service and repair under BMW warranty.

Lastly, in past procurements, FPS has experienced issues utilizing independent dealerships. In one case a dealership received an FPS award, and they did a sub-par job that created a heavy administrative burden for FPS to resolve.

For the above reasons utilizing BMW of North America (the manufacturer) who has done many of these for many different Government Agencies is the only source that is “reasonably available”.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERORS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED

BY SUBPART 5.2, AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES

FAR 5.202(a)(13)(i) thru (iii) “Exceptions” is applicable to this requirement. The requirement is:

(i) for an amount not expected to exceed the SAT.

(ii) The solicitation will be made through SAM.gov

(iii) SAM.gov allows the public to see and respond to the solicitation.

Therefore, FAR 5.102(a)(6) requires that the CO shall include the justification with the solicitation when it posts. This justification will be made available with the solicitation when published on SAM.gov.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST WILL BE FAIR AND REASONABLE

This requirement is sole source; therefore, the Government will be utilizing at least two (2) price analysis techniques outlined in FAR 13.106-3 by which to determine pricing submitted by BMW of North America is fair and reasonable. These techniques include, but not limited to the following:

● Requesting recent commercial and Government sales history

● Making indirect pricing comparisons to:

o the same or similar items in the marketplace;

o competitive published price lists;

o independent government cost estimates.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED

The market research conducted by the Contracting Officer and information submitted by the customer for review indicates that only one (1) source is available.

The Contracting Officer posted a Request for Information (RFI) on SAM.gov and received Seven (7) responses from dealerships and contractors that stated they could provide the required product. The following is list of responders to the RFI:

Contractor Business NAICS* Country of Contractor*

BMW of North America 423110, 423120 U.S.

BTM Enterprise LLC 541611, 541614, 813910 U.S.

EMAAR Al Amal Company NO NAICS listed in SAM.gov Iraq Fantastic Star Company NO NAICS listed in SAM.gov Iraq Gold Hills Company NO NAICS listed in SAM.gov Iraq Golden Hands Private Company NO NAICS listed in SAM.gov Iraq Lockery Associates LLC 236116, 236118, 541611, 541614, 541618 U.S.

*According to SAM.gov

In researching the respondents, two (2) issues were noticed:

1. None of the contractors listed above have the required NAICS code (336991 “Motorcycle, Bicycle and Parts Manufacturing”) listed in their SAM.gov registrations. Without the proper NAICS it cannot be determined if the contractors have the technical expertise and manufacturing capability to customize the BMWs to meet the CID.

2. Zero motorcycle dealerships or motorcycle customization shops responded to the RFI.

3. Several of the respondents are not U.S. based company’s and this requirement is subject to the Buy American Act (BAA).

FPS provided two (2) possible sources in Bob’s Motorcycle and Morton’s BMW Motorcycles. Neither are registered in SAM.gov.

Based on the results of the above market research BMW of North America is the only reasonable source for this requirement.

9. ANY OTHER FACTS SUPPORT THE USE OF OTHER THAN FULL AND OPEN

COMPETITION SUCH AS: (i) EXPLANATION OF WHY TECHNICAL DATA PACKAGES, SPECIFICATIONS, ENGINEERING DESCRIPTIONS, STATEMENTS OF WORK, OR

PURCHASE DESCRIPTIONS SUITABLE FOR FULL AND OPEN COMPETITION HAVE

NOT BEEN DEVELOPED OR ARE NOT AVAILABLE; (ii) WHEN 6.302-1 IS CITED FOR FOLLOW-ON ACQUISITIONS AS DESCRIBED IN 6.302-1(a)(2)(ii), AN ESTIMATE OF

THE COST TO THE GOVERNMENT THAT WOULD BE DUPLICATED AND HOW THE

ESTIMATE WAS DERIVED; (iii) WHEN 6.302-2 IS CITED, DATA, ESTIMATED COST, OR

THE RATIONALE AS TO THE EXTENT AND NATURE OF THE HARM TO THE

GOVERNMENT

As stated earlier, this requirement is subject to the Buy American Act. The FAI Decision tool for supplies was consulted and based on the responses BAA is applicable. Additionally, the anticipated dollar value of the requirement is under the level where Trade Agreements Act (TAA) applies. Only one vendor, BMW of North America responded to the RFI that is a confirmed U.S. Manufacturing company for motorcycles and/or customizations.

10. A LISTING OF THE SOURCE, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

No other sources expressed interest for this requirement.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR TO OVERCOME BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES

REQUIRED

BMW of North America is currently the only reasonable source capable of meeting the Government’s needs. Prior to any subsequent procurement, the Government will once again review the market using various methods to assess whether any other qualified sources are available and are able to meet the Government’s requirements.

12. TECHNICAL REQUIREMENTS CERTIFICATION

On behalf of the Requiring Agency, the undersigned Client Agency Technical Representative hereby certifies that the sole source award to BMW of North America is the only reasonable source capable of providing the required components that will meet the minimum needs of the Government and the basis for the justification is complete and accurate to the best of my knowledge. Further, I understand the facts I have presented will be solely relied upon to make the determination to limit competition and sources for this procurement.

Date

13. CONTRACTING OFFICER CERTIFICATION AND APPROVAL

The Contracting Officer has determined this procurement meets the circumstances described in 10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and that the appropriate actions were taken under this acquisition to meet the conditions described in FAR Subpart 13.106. The information contained in this justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.