Emery_County_JOFOC_SAM_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

JUSTIFICATION AND APPROVAL

FOR ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION PROCEDURES

This document sets forth the justification and approval as required by 13.106-1(b)(1) & (2).

1. Contracting agency and activity.

The Department of the Interior, Bureau of Land Management (BLM) Green River District, Price

Field Office (PFO) requests the Utah State Office to contract on a sole source (including brand name) basis.

2. Nature and/or description of action being approved.

This is a request for the approval of a sole source contract with the Emery County Sheriff’s

Office (ECSO) to enforce the civil and criminal laws of the State of Utah and Emery County on the public lands, waters, roads, and trails administered by the BLM within the Price Field Office

(PFO) jurisdiction. This enforcement is necessary in order to ensure the safety of public land visitors and protection of cultural and natural resources.

3. Description of supplies or services.

The Federal Land Policy and Management Act (FLPMA) of 1976 states that the Secretary of the

Interior shall offer contracts to local law enforcement agencies with appropriate jurisdiction.

(FLPMA Sec. 303. [43 U.S.C. 1733]). Specifically, FLPMA states that “When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources the Secretary 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.”

The PFO require services be provided for the enforcement of State and local laws relating to the protection of persons and property on all of the BLM lands in Emery County, Utah. The BLM is in need of law enforcement services outside the normal scope of duty of the local law enforcement county sheriff’s office.

4. Estimated dollar value.

The estimated 5-year total for these services would be $195,328.44, with a base year estimate of

$37,534.00 and an estimated 2% escalation for each option year afterwards for a total of 5 years for the above stated patrols and infrastructure support services required.

https://www.blm.gov/

5. Statutory authority.

_X_41 U.S.C. 1901 – Simplified acquisition procedures

_X_ Federal Land Policy and Management Act (FLPMA) of 1976 states that the Secretary of the

Interior shall offer contracts to local law enforcement agencies with appropriate jurisdiction.

(FLPMA Sec. 303. [43 U.S.C. 1733]).

6. Rationale supporting use of the authority stated in paragraph 5.

The Emery County Sheriff’s Office is uniquely qualified to provide the services listed in the

Statement of Work. ECSO possesses a staff of trained and qualified law enforcement officers who have jurisdictional and operational authority to enforce state and county laws in the work area. ECSO possesses and can employ a communications, command, and control structure, which can facilitate coordination with multi-agency law enforcement officers. ECSO possesses infrastructure necessary to transport and hold arrested individuals, and specialized equipment for emergency response within Emery County.

Additionally, the Federal Land Policy and Management Act (FLPMA) of 1976 states that the

Secretary of the Interior shall offer contracts to local law enforcement agencies with appropriate jurisdiction. (FLPMA Sec. 303. [43 U.S.C. 1733]). Specifically, FLPMA states that “When the

Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources, the Secretary 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.”

7. Other information.

No other information, or justification is available in addition to the information provided above.

8. The efforts to identify additional sources including the market research conducted.

The BLM Price Field Office has requested adjacent federal land management agencies (U.S.

Forest Service and National Park Service) to review and respond to the Statement of Work, if they are interested in performing the services through and interagency agreement. We only solicited services from other federal land management agencies because we determined that the numerous and varied other federal law enforcement agencies are not appropriately equipped nor are they reasonably proximate to the work location.

The BLM Price Field Office outreached to the Utah Highway Patrol, Utah State Parks, and the

Utah Department of Natural Resources. These are the only legitimate law enforcement entities in Utah that may have a portion of the unique qualifications listed above. The response from these agencies has unanimously been that they would not interfere with Emery County law enforcement jurisdiction by bidding on a law enforcement contract. This is done in deference to the local County Sheriff.

The Emery County Sheriff’s Office is the only vendor that is uniquely qualified to provide all of the required services. The Emery County Sheriff’s Office is the only law enforcement entity in the county that has the ability to patrol and enforce all state laws and county ordinances and regulations on public land within Emery County required during heavy visitation weekends.

Moreover, they are the only state and local law enforcement agency that has the jurisdiction and ability to provide regular and recurring patrols in Emery County during weekends other than holiday weekends.

9. Future plans to permit competition.

Due to the unique qualifications of the Emery County Sheriff’s Office and the fact that the sheriff’s office has jurisdiction throughout Emery County, there are no future plans to allow for competition.

10. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

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

_//Signature on File//_____________________ _________________

Mike Tweddell Date

Contracting Officer’s Representative

_//Signature on File//____________________ _________________

Hunter Hamm Date

Supervisory Law Enforcement Ranger

11. I certify that the justification is accurate and complete to the best of my knowledge and belief:

_//Signature on File//____________________ _________________

Daniel Walker Date

Contracting Officer