SSJ 47QSWC24K0099 HD Motorcycle-SAM.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: Harley Davidson Electra Glide Parade Motorcycles Manufacturer: Harley Davidson (HD) GSA’s Acquisition PIID # 47QSWC24K0099 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 (Brand name) 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 firm-fixed priced purchase order for the supply of five (5) each Harley Davidson Electra-Glide 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 Brand Name Justification (BNJ) is for the purchase of five (5) each Harley Davidson (HD) Electra-Glide motorcycles (customized to the parade specifications listed in the Commercial Item Description (CID).

The HD dealership winning the award 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 services are currently being provided to other vehicles within the

General Services Administration Brand Name Justification (BNJ)

FAR 13 Simplified Acquisition Procedures

Sole Source Justification – HD Electra Glide Motorcycle

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 (brand name) purchases not exceeding the simplified acquisition threshold, the Contracting Officer (CO) may solicit from one source if they deem only one source (brand name) 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) (brand name) __ Unusual and Compelling Urgency 10 U.S.C. 3204(a)(2) __ Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

For sole source (brand name) 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 Federal Protection Service (FPS) has a requirement to replace five (5) Harley Davidson motorcycles that have exceeded their lifecycle replacement standard of 10 (ten) years. The HD Electra-Glide motorcycles are required for ceremonial events and must be matched to the existing fleet to maintain the pageantry of the ceremony. FPS also participates in joint ceremonial events with state and local Law Enforcement partners who maintain motor fleets of HD Electra Glides. FPS is required to retain a fleet of HD Electra Glides to preserve Law Enforcement motors uniformity.

HD is the public company that sells commercial motorcycles through their dealership system.

GSA spoke with a corporate representative at HD who confirmed that HD headquarters does not do business directly with the government and requires all contracts to be awarded to local HD dealerships. As such this requirement is brand name to HD and will be competed among all contractors that can provide the final customized HD Electra Glide parade motorcycle.

First, riding motorcycles is a dangerous activity and when used in a law enforcement environment the threat of physical bodily harm is drastically increased. To mitigate that risk, FPS decided to limit their motor fleet. By specializing on only two (2) brands (Harley Davidson and BMW) and models of motorcycles, FPS was able to create specialized training programs thus making their riders very familiar with the riding characteristics, handling, and mechanics of the vehicles. If another brand or model of motorcycle is introduced, FPS would be required to create new riding safety protocols and riding classes, thus increasing the life-cycle cost of the program.

A second unique qualification revolves around the ability to get these bikes serviced and repaired, quickly and efficiently. HD has corporate dealerships with repair shops and certified motorcycle technicians all over the country. FPS is nation-wide so having dealerships that are close is a must so that they may fulfill their mission. Having more than two (2) brands of motorcycles that require servicing and repairs when needed would be an inefficient use of time for FPS’s understaffed team of motor officers as they are responsible for maintaining their assigned motorcycles.

For the above reasons, restricting competition to Harley Davidson dealerships who can provide the upfitted HD Electra Glides in accordance with the requirements laid out in the Statement of Work, is justified.

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 brand name; 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 contractors 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 several HD dealerships are capable of supplying the required product.

The Contracting Officer posted a Sources Sought (SS) on SAM.gov and received six (6) responses from contractors that stated they could provide the required product. The following is list of responders to the RFI:

Contractor Business NAICS* Country of Contractor*

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 Gallegos Service Solutions Various service NAICS U.S.

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 HD’s 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 HD or Richmond (UEI JMG4N96B1568), VA and Patriot HD (UEI JTEJKTY7ADN5). Richmond HD is registered in SAM.gov with a NAICS (441227 Motorcycle, ATV, and All Other Motor Vehicle Dealers”). Patriot does not have an active SAMs registration.

Based on the results of the above market research, the requirement will be brand name only to HD and then competed among the vendors to provide a product meeting the CID.

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. Any vendor participating must the provide the required customized HD motorcycle from an American based company.

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

The HD Electra Glide is currently the only reasonable brand capable of meeting FPS’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 brand name Harley Davidson Electra Glide is the only reasonable brand and model capable of providing the required motorcycle 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.

Stacey Hinzman Date

STACEY R HINZMAN Digitally signed by STACEY R HINZMAN Date: 2024.07.17 14:05:48 -04'00'

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.

Jack Brothers, Contracting Officer Large SOP (QSCBDB)

Date

JACK BROTHERS Digitally signed by JACK BROTHERS Date: 2024.07.17 14:07:52 -05'00'