Class JA Law Enforcement Sole Source Justification-FY25-FINAL_Redacted.pdf
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- Attached to
- Notice of Intent to Award Single Source - Lower Granite Dam Increased Law Enforcement Patrols
- Solicitation number
- W912EF26QA066
About this file
This is a Class Justification and Approval document for Other Than Full and Open Competition (Control Number 22-0007) issued by the US Army Corps of Engineers, Walla Walla District Project Offices for law enforcement services.
The contracting agency is the US Army Corps of Engineers, Walla Walla District (CECT-NWW), located in Walla Walla, Washington. The procurement seeks to authorize multiple law enforcement service contracts with governmental entities (States and their political subdivisions) across the Walla Walla District boundaries, which include Oregon, Idaho, and Washington, without requiring individual justifications for each contract award. The anticipated contract period is FY22-FY27, with estimated annual costs provided in a five-year cost table covering multiple counties including Ada, Boise, Garfield, Nez Perce, Lewiston, Mill Creek, Clarkston, WDFW, Umatilla, Clearwater, Columbia, and Whitman. Services will be procured on an other than full and open competition basis under the authority of 42 USC 1962d-5d, Section 120 of the Water Resource Development Act of 1976 (Public Law 94-587), and FAR 6.302-5(a)(2). The justification establishes that only governmental entities possessing statutory jurisdiction and law enforcement authority can provide these services, and no private firms possess the authority to act as law enforcement entities. The class justification remains in effect until April 2027. The document was prepared by Sara Edwards (Contract Specialist) and approved by Michael C. Orr (Alternate Advocate for Competition) on March 30, 2022.
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Class justification is authorized by FAR 6.303-1(d) �Justifications required by paragraph (a) of this section may be made on an individual or class basis�, and shall be approved in writing, FAR 6.304(c) and AFARS 5106-303-1(d).
5. REASON FOR AUTHORITY CITED:
a. BACKGROUND:
For the past 10 plus years, the US Army Corps of Engineers has procured law enforcement services within the Walla Walla District boundaries, which include Oregon, Idaho and Washington. All contractors are governmental entities who have the statutory jurisdiction and authority to cite, detain, and arrest individuals. Although the Law Enforcement contracts are for almost identical services with standard language, individual J&As have been issued for each separate law enforcement contract executed every year up to every 5 years. The Government desires to expedite these services by executing a class J&A and eliminating the need to prepare separate J&As and route for approval each time these services are required.
b. JUSTIFICATION:
(1) Single source justification for law enforcement services has been previously authorized by statute
(see (2 & 3 below) and by the fact that there are no other available sources who can provide these services. FAR 6.302-5 provides that �full and open competition need not be provided for when-(i) a statute expressly authorizes or requires that the acquisition be made through another agency of from a specified source;�.
(2) 42 USC 1962d-5d states: �(a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the jurisdiction of the Secretary of the Army to meet needs during peak visitation periods.
(3) Section 120 of the Water Resource Development Act of 1976 (Public Law 94-587, 90 Sta. 2917, Exhibit A) grants the US Army Corps of Engineers (USACE) the authority to contract with the States and their political subdivisions for the purpose of obtaining increased law enforcement services. This authority is re-enforced by a 2005 legal opinion from the Corps Chief Counsel which further states such procurements will be exempt from the full and open competition requirements of the Competition in Contracting Act (CICA) and FAR since the law only authorizes contracts for law enforcement services with �States and their political subdivisions.�
(4) RCW Title 36, Chapter 36.28, Section 36-28-010, General Duties (of the Sheriff), states, �The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of his or her office, he or she and his or her deputies: (1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses . . .�
a) RCW Title 10, Chapter 10.93, Section 10.93.070, General Authority Peace Officer, states, �In addition to any other powers vested by law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances�.�:
b) ORS Title 20, Chapter 206, Section 206.010, General Duties (of Sheriff), states, �The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of
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