A03.01_J&A_Sole_Source_Jusification_Law_Enforcement.pdf

For Official Use Only

Control No: 2017-14

Justification and Approval for Other Than Full and

Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), San Francisco District.

2. Description of Action: The approval is being requested for a firm-fixed-price new contract utilizing O&M funds for law enforcement services for Lake Sonoma.

3. Description of Supplies/Services: The contractor shall provide patrol coverage for main recreation season beginning 19 May 2017 thru 30 September 2017, including holidays. Regular patrol coverage shall consist of one Sheriff’s deputy on a ten (10) hour shift during Saturday, Sundays, and holidays, with an option to fund a second deputy as required. Critical coverage times for Law Enforcement Patrol services are Fridays from 1500 hours-2400 hours, Saturday from 0700 hours-2400 hours and Sundays from 0900 hours-2000 hours. Although critical times have been identified, Law Enforcement patrols are not required for the duration of the times.

Patrol coverage will be provided absent exigent circumstances that preclude the Sheriff’s Department fulfilling Army Corps obligations. The approximate value of this action is $183,000.00.

The location of the areas under contract include the Administration Area, Visitor Center, Warm Springs Recreation Area, Overlook, trailhead parking lots, public boat ramp, Liberty Glen Campground, Bummer Peak Campground, primitive campgrounds, Yorty Creek Recreation Area, Warm Springs Dam, and all access roads within the park. The primitive campgrounds are accessible by boat only, and consist of: Old Sawmill Campground, Quicksilver Campground, Island View Campground, Madrone Point Bridge Campground, Falcon’s Nest Campground, Homestead Campground, Loggers Campground, Rustlers Campground, Thumb Campground, and Skunk Creek Campgrounds.

Yorty Creek Recreation Area is a day use area accessible through the city of Cloverdale, via Hot Springs Road. Yorty Creek opens at 0700 and closes at varying times throughout the summer based on daylight hours. Law enforcement patrol are required a minimum of once on Friday and Saturday late afternoon/nights. Patrols must include both the recreation area and the parking lot.

The Warm Springs Recreation Area, Overlook, trailhead parking lots, public boat ramp, and the Lake Sonoma Marina Resort Area, are all day use areas accessible on the south end of the lake.

Most areas are closed at night with the exceptions being the public boat ramp and the Marina.

Sheriff’s deputy patrols are required randomly a minimum of 3 days per week at the public boat ramp and the trailhead parking lots to reduce the likelihood of auto break-ins and address parking issues, as well as monitor suspicious and illegal visitor behavior. Sheriff’s deputy response to the Marina is only necessary in support of Lake Sonoma ranger staff needs.

4. Authority Cited: The statutory authority permitting other than full and open competition for a sole source contract is 10 U.S.C. 2304(c) (1) as implemented by FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: Under Federal Land acquisition laws and policies, state and local law enforcement authorities retain the authority and responsibility to enforce applicable state laws on USACE property.

6. Justification: Lake Sonoma park rangers are involved in activities such as operation of campgrounds, marinas, picnic areas, and other recreation facilities; search and rescue or other emergency services, boat, road, or other patrol activities for compliance with regulatory and inspection purposes. Lake Sonoma park rangers have no arrest and detainment or search and seizure powers, and are limited to only issuing citations for petty offenses. Therefore, Sonoma County Sheriff’s Department personnel, sworn peace officers, are required at Lake Sonoma as additional support for park ranger staff. The sheriff’s officers investigate and prepare reports for stolen and vandalized property, conduct random patrols of lake recreation areas, make arrests, conduct traffic stops, vehicle checks, and violation stops, assist citizen, and issue warnings or citations.

In order to meet the law enforcement requirement set forth by federal regulations, and in accordance with ER and EP 1130-2-550, law enforcement services are required from the Sonoma County Sheriff’s Office for the 2017 Lake Sonoma recreation season. The Sonoma County Sheriff’s Department is the only local agency familiar with Warm Springs Dam/Lake Sonoma Army Corps operations.

7. Efforts to Obtain Competition: Not Applicable. Based on information in paragraph 4 and 5, above, competition for this action was not feasible.

8. Market Research: None conducted. There are no other law enforcement agencies that have the requisite jurisdiction and responsibility to provide these services.

9. Other Facts: None

10. Requirements Certification: “I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.”

Typed Name: Brian T. Emmons Title: Lake Sonoma Park Ranger

Date: _____________________ Signature: ______________________

10. Fair and Reasonable Cost Determination: “I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Cost and price analysis techniques will be used as the basis for determination. The estimated cost does not meet the threshold for certified cost or pricing data.”

Name: Shirley A. Turnbo Title: Contracting Officer

Date: _________________ Signature: ______________________

10. Contracting Officer Certification: “I certify that this justification is accurate and complete to the best of my knowledge and belief.”

Name: Shirley A. Turnbo Title: Contracting Officer

Date: _________________ Signature: ______________________