A16_JOFOC_Kittitas_Redacted_1.pdf

Justification for Other Than Full and Open Competition FAR Part 13

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY.

Bureau of Land Management, Oregon/Washington State Office, 1220 SWS 3Rd Avenue, Portland, OR.

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED.

Procuring law enforcement support from Kittitas County Sheriff’s Office as a firm fixed price services contract as a sole source under the procedures of Federal Acquisition Regulation (FAR) Part 13

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

(INCLUDING THE ESTIMATED VALUE).

The purpose of this contract is to obtain law enforcement services to assist the BLM in the administration and regulation of the use and occupancy of the public lands. The Contractor shall enforce the civil and criminal laws of the State on the public lands, waters, roads, and trails administered by the BLM.

The project location is the BLM-administered public lands within Kittitas County, Washington.

The estimated value of this acquisition is .

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

4. AUTHORITY AND SUPPORTING RATIONALE AND, IF APPLICABLE, A DEMONSTRATION OF

THE PROPOSED CONTRACOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED

SUPPLY OR SERVICE.

This requirement will be executed under FAR 13.106-1(b)(1), soliciting from a single source under the simplified acquisition threshold. This requirement is a commercial service, under the simplified acquisition threshold, and can only be fulfilled by contractors that have arrest authority in the state and county they are performing law enforcement services within. Kittitas County Sheriff’s Office is the only available contractor with these authorities within Kittitas County.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISTION REQUIRES USE OF THE AUTHORITY CITED

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

Oregon State Office

1220 SW 3rd Ave., Portland, Oregon 97204 blm.gov/or

The Federal Land Policy and Management Act of 1976 section 303(c)(1) authorizes the BLM to engage in contracts with local law enforcement agencies.

When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations.

Subsection (d) authorizes the BLM to pay law enforcement agencies for their assistance. While the subsection permits reimbursement, the BLM will pay for this service under a Firm Fixed Price contract.

In connection with the administration and regulation of the use and occupancy of the public lands, the

Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. Such cooperation with activities which assist the administration and regulation of use and occupancy of the public lands.

Kittitas County Sheriff’s Office patrols through Kittitas County, Washington. The BLM has public trust lands within Kittitas County. Due to a shortage of Federal BLM Rangers, the BLM is in need of additional law enforcement patrols to ensure the public safety as the recreate on BLM public lands.

Kittitas County Sheriff’s Department has the legal authorities afforded under State of Washington laws to enforce the civil and criminal laws of the state of the state of Washington and Kittitas County. These authorities are not extended to security firms or other privatized patrols.

Based on the above, Kittitas County is the only responsible source that can satisfy this requirement. In addition, Kittitas County Sheriff Deputies have undergone required training as prescribed by the BLM law enforcement procedures and policies.

6. DESCRIPTION OF THE EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICATE FROM AS

MANY POTENTIAL SOURCES AS IS PREACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT, WHICH UNDER 5.202

APPLIES.

The solicitation, accompanied by this justification, will be posted to SAM.gov.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE.

The Kittitas County Sheriff's Office wages rates are negotiated with the board of county of commissioners.

Previous contract actions with the county for this service have been determined as fair and reasonable. Pricing is anticipated to be fair and reasonable.

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

A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

Past Law Enforcement Support contracts issued from the OR/WA State Office have been sole source, issued to the law enforcement agency that has jurisdiction over the area in question. This request is similar to scope to those previous purchase orders. The Kittitas County Sheriff’s Office are the only responsible and available

State Law Enforcement Agency to conduct BLM patrols in accordance with Washington State laws and regulations. To be sure we used the BLM’s A14 Market Research Report and reviewed historical purchase orders and required sources and found that Kittitas County was the only contractor capable of meeting the requirement.

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

COMPETITION.

There are no other facts regarding the use of other than full and open competition.

10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISTION.

None.

11. STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME

ANY BARRIERS TO COMPETITION BEFROE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES REQUIRED.

Barriers to competition cannot be overcome for any subsequent acquisitions for law enforcement services in

Kittitas County, Washington because Kittitas County is the only local enforcement authority with jurisdiction to enforce the civil and criminal laws of the State of Washington and Kittitas County.

12. CERTIFICATIONS.

TECHNICAL AND REQUIREMENTS CERTIFICATION.

I certify that the facts and representations which are included in this justification, and which form a basis for this justification, are complete and accurate.

Signature: _______________________

Title: Contracting Officer