B02_02_WBR-1406_303-1_Template-1_JOTFOC_FAR-6_4-2021.pdf

Solicitation Number: 140R1725Q0023 Page 1 of 3

WBR 1406.303-1 Template 1

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the

Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW

FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

U.S. Department of the Interior, Bureau of Reclamation, C-PN, Team 2 Service-Supply

2. Nature/Description of Action (FAR 6.303-2(b)(2)). The Grand Coulee Power Office intends to award a purchase order (PO) to the Washington Department of Fish and Wildlife

(WDFW), 600 Capitol Way North, Olympia, WA 98501-1076, for enhanced law enforcement patrol services on associated Reclamation lands in the Columbia Basin Project

(CBP). This Firm Fixed Price (FFP), performance-based service will provide year-round law enforcement patrols for Reclamation facilities and lands in the CBP. Fiscal Year (FY) 2025 funding will be used for the base period. The estimated value of these services is approximately $91,344.52 for the base year. The total estimated value of the procurement is

$484,960.46.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)). Law enforcement patrol services for the Spectacle Lake, Dry Falls Junction and Dam, O’Sullivan Dam, Potholes Canal, Pinto

Dam, Summer Falls Day Use Area, O’Dair warehouse, Scooteney Park and Reservoir, Mesa

Lake, Burbank Fish Screens, Pumping Plants, and the Conconully Recreation Area. The required service area encompasses 1,029,000 acres located throughout four (4) different counties; Adams, Franklin, Grant, and Okanogan.

The WDFW shall enforce State, County, and local laws, ordinances, rules and regulations and make non-federal arrests and issue citations on Reclamation property and the areas that adjoin the CBP.

Law enforcement patrol services at each facility will be completed by uniformed and armed peace officers in clearly marked vehicles at least once per week at varying times from April

1, 2025 through March 31, 2030.

These services are needed for the foreseeable future; therefore, the purchase order will include a base year and four (4) 1-year option periods. The base year is from April 1, 2025 to

March 31, 2030 with the options years following consecutively. The ultimate completion date is March 31, 2030.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-

2(b)(4)). (Check one)

Authority FAR Coverage Application

☒ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above

SAT but below $7M)

☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

Solicitation Number: 140R1725Q0023 Page 2 of 3

(04/2021)

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

☐ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)). Public Law

98-552 gives Interior the authority to enter into contracts with State regulatory or enforcement officials to enforce State resource protection laws on Federal lands. In accordance with the Revised Code of Washington (RCW) Section 77.15.075 and RCW

43.101.010 WDFW officers have the same police law enforcement powers and duties as sheriffs and peace officers throughout the state and has full arrest authority to enforce

Washington state statutes and county ordinances. The State of Washington limits full arrest authority only to law enforcement peace officers so the WDFW is the only reasonable source that can enforce laws throughout the entire required service area.

The Washington Department of Fish and Wildlife manages approximately 192,000 acres as the Columbia Basin Wildlife Area (CBWA), within the CBP. The U.S. Bureau of

Reclamation owns approximately 71 % of the land within the CBWA, WDFW owns approximately 20% and the remaining land is owned by other state and federal agencies.

Four (4) previous FFP contracts for the same service have been awarded by Reclamation to the WDFW within the past 15 years; R09PC10002, R13PC10015, R16PC00097, 140R1020P0005.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)). By nature, these services are currently restricted to State or local law enforcement agencies. There is no industry available to compete for this work. The WDFW is the only law enforcement entity that currently manages and provides law enforcement patrol services for the entire CBP, including lands owned by Reclamation, other federal agencies, and state agencies.

A Special Notice of Reclamation’s intent to award to the WDFW was posted SAM.gov on

12/11/2024, with responses requested by 12/29/2024. All responsible sources were requested to submit a written notification of their capabilities. There were no responses to the 17-day

SAM.gov posting. Additionally, all four (4) County Sheriff’s Offices that the CBWA encompasses were contacted. None of the departments have the resources or jurisdiction to perform the services.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)). The estimated cost of the PO is $91,344.52 for the base year and a total of $484,960.46 over the life of the PO.

Solicitation Number: 140R1725Q0023 Page 3 of 3

(04/2021)

Reclamation has worked cooperatively with the WDFW for law enforcement patrol services since 2009, and the estimated pricing is consistent with what Reclamation has previously paid for these services and similar services.

The labor pricing associated with the required work are covered under collective bargaining agreements (CBA) agreed upon by the state of Washington and employee union(s) through

June 30, 2026. After June 30, 2026, the rates under the CBA may be renegotiated in accordance with Washington state code.

By using the IGCE and prices paid on previous contracts, it is anticipated that a fair and reasonable price determination will be reached.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)). Market research consists of contact with the WDFW, a Special Notice of Reclamation’s intent to award to the

WDFW posted to SAM.gov, previous requirements and pricing for this service, and other law enforcement patrol services throughout Reclamation as well as contacting the four (4)

County Sheriff’s covered under this requirement.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)). None.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)). All responsible sources were requested to submit a written notification of their capabilities. There were no responses to the 17-day

SAM.gov posting. Additionally, all four (4) County Sheriff’s Offices that the CBWA encompasses were contacted. None of the departments have the resources or jurisdiction to perform the services.

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)). No prior award has been accomplished by full and open competition. Future competition for the required work is not anticipated because the WDFW is the only reasonably available source legally capable of providing the requested services for the entire area.

SIGNATURES

PREPARED BY CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All

Values)

CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

X

X