E52_J_A_Other_Than_Full___Open_FAR_13_Format_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, OR/WA State Office, 1220 SWS 3rd Avenue, Portland, OR.

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED

Procuring law enforcement support as a firm fixed price service contract as a sole source under the procedures of Federal Acquisition Regulation (FAR) Subpart 13.5.

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

(INCLUDING THE ESTIMATED VALUE)

The Government requires obtaining law enforcement support to BLM Rangers to assist in patrolling BLM lands for administration and regulation of use and occupancy of public lands, waters, roads, and trail within the confines of Yamhill County, Oregon. This helps provide for the health and safety of the recreating public and those enjoying our public lands.

The estimated value of this acquisition is .

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING THE OTHER THAN FULL AND OPEN

COMPETITION

The procedures under FAR 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services, are being used in accordance with 41 U.S.C. 1901.

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

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

Yamhill County Sheriff’s Office is the only responsible source to provide law enforcement support with full arrest authority. Statutory authority provided by the State of Oregon Revised Statutes (ORS) 801.395: “Peace officer authority extends to any place in the State of Oregon, 100.2.1 authority to Arrest Pursuant to Oregon Revised Statutes 133.235, and ORS 133.310(1).” These authorities are not extended to security firms or other privatized patrols. In addition, Yamhill County Sheriff’s Office deputies have undergone required training as prescribed by the Oregon State Department of Public Safety Standards and Training as well as BLM law enforcement procedures and policies.

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

MANY POTENTIAL SOURCES AS IS 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

Besides the Yamhill County Sheriff’s Office, the only other agency with full arrest authority provided by the state of Oregon, is Oregon State Patrol. However, they do not have the specialized staff to patrol within individual counties of Oregon. The Yamhill County Sheriff’s Office has demonstrated the unique and cooperative nature to perform the required services in conjunction with the minimum standards required by the Oregon State Department of Public Safety Standards and Training and the BLM law enforcement procedures and policies. 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 Yamhill County Sheriff’s Office wages are set by their Collective Bargaining Agreement which is updated annually. 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 Sheriff that has jurisdiction over the County in question. This request is similar in scope to those previous purchase orders. Any vendor or security company employee would need to be deputized by the local Sheriff. Before they can be deputized, they would need to abide by the required training contained in Oregon Revised Statute (ORS)

133.235 and 133.310(1). This authority has not been granted in the past and Yamhill County Sheriffs are able to provide a deputy to perform these duties full time.

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

ACQUISITION

None.

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

BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES REQUIRED.

The Yamhill County Sheriff’s Office is the only responsible source with jurisdiction to enforce the civil and criminal laws in Yamhill County and therefore barriers to competition cannot be removed.

12. CERTIFICATIONS.