FY_18-19_Sole_Source_Justification_for_SLCPD_Officer_-_UTSO_-_Redacted_Redacted.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted.

1. Identification of the agency and the contracting activity.

Requiring Activity: Contracting Activity:

Bureau of Land Management Bureau of Land Management Utah State Office Utah State Office 440 W 200 S Suite 500 440 W 200 S Suite 500 Salt Lake City, UT 84101 Salt Lake City, UT 84101

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

The Utah State Office (UTSO) is requesting funding for an off-duty/contract Salt Lake City Police Department (SLCPD) Officer to provide security services capable of addressing specified threats in order to protect DOI/BLM property, visitors, and personnel. The SLCPD Officer will coordinate with Utah State Office, OLES, facility management, local, state and federal law enforcement agencies in order to protect the critical assets, employees, and visitors from damage, destruction, or harm to human life by a determined adversary.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

FEE DESCRIPTION TOTAL

SLCPD Officers salary @ per officer per hour Salt Lake City Equipment Fee for the same time period

*SLCPD Officers working Monday – Friday from 7:00 a.m. – 12:00 p.m. and 12:00 – 5:00 p.m.

(Federal Holidays deducted) *SLC Corporation Equipment Fee is per hour (10 hours per day) to recover cost of car, gas and equipment.

GRAND TOTAL:

4. An identification of the statutory authority permitting other than full and open competition. (see list last page)

FAR 6.302-5 Authorized or required by statute.

Authority: Citation: 41 U.S.C. 253(c) (5)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Salt Lake City Police Department (SLCPD) has primary police jurisdiction for Salt Lake City, UT; which is the location of the BLM – Utah State Office. Furthermore, an off-duty/contract SLCPD officer would provide direct communication to on-duty SLCPD personnel and assets in the event of a security incident at the UTSO; thus providing unrivaled support.

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 he 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.”

6. A description of 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 Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under

5.202 applies. (CO response)

The Salt Lake City Police Department is the only vendor that is uniquely qualified to provide all the required services. The SLCPD is the only law enforcement entity in the city that has the ability to patrol and enforce all state laws and city ordinances and regulations within the Utah State Office.

Additional vendors to solicit are unknown at this time; it is not possible to contact any further vendors.

Soliciting other sources at this time is not practical or possible.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and the basis for that determination. (CO response)

The Salt Lake City Police Department sets an off-duty/contract rate of per hour plus an equipment fee of per hour, for all off-duty contract agreements. This is a standard rate charged to any entity they provide off-duty coverage for.

In 2016 a quote was obtained from the Federal Protective Service (FPS) in the amount of

. As mentioned in #5 above, FPS does not have the ability to enforce and investigate local and state ordinances, nor do they maintain primary policy jurisdiction a the UTSO, but the pricing they provided assists in determining that SLCPD’s quoted price of is fair and reasonable. At only higher the SLCPD provides many added benefits above the services provided by FPS.

These services are commercial in nature as there are many security companies in the private sector, however SLCPD is unique in the fact that they are a local government entity and as such are providing these services to us at their cost (with no added profit). However, they, like all entities, must meet labor laws, including overtime, which accounts for the rate of as these are all off-duty police officers working beyond their regular 40 hour week.

Also, based on a Bureau of Labor Statistics report (attached in file), the national median estimated hourly wage for police officers is $29.35 (OT Rate $44.03) and the rate for metropolitan areas is up to $49.67 (OT Rate $74.50).

Based on all of the research presented above, the SLCPD rates are determined to be fair and reasonable.

8. A description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted. (Program and CO response)

UTSO researched the use of a federal partner (Federal Protective Service - FPS) and SLCPD as options for providing security services. FPS does not have the ability to enforce and investigate local and state ordinances (unless sworn), nor do they maintain primary police jurisdiction at the

UTSO.

9. Any other facts supporting the use of other than full and open competition (FAR 6.302(a) (9)). (CO Response)

As previously mentioned in #5 above:

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 he 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.”

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the same supplies or services.

(CO Response)

No further action will be taken to seek competition.

CERTIFICATIONS:

I hereby certify that this requirement does not exceed the Government’s minimum needs or schedule requirements and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief.

__Jason Hone /s/__________________ ____________________ Requisitioner Name and Signature Date Jason Hone Special Agent Office of Law Enforcement & Security Bureau of Land Management, USDOI

I hereby certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contract Specialist Name and Signature Date (if different from CO)

I hereby certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Name and Signature Date

CONCUR: ______ NONCONCUR: _________

5.202 EXCEPTIONS

1. Compromise national security

2. Unusual & compelling urgency

3. International agreement or treaty

4. Expressly authorized or required by statue through another Government agency

5. Utility services other than telecommunications services

6. Use of FAR Subpart 16.5 (IDIQ contract)

7. Small Business Innovation Development Act of 1982

8. Unsolicited research proposal demonstrating a unique and innovative concept

9. Perishable subsistence supplies

10. 6.302-3, Industrial mobilization; engineering, developmental, or research capability; or expert services, or 6.302-5, Authorized or required by statute, or 6.302-7, Public interest

11. Existing contract previously synopsized

12. Made by DOD for outside the US

13. Amount less than SAT; access through GPE; permits public response electronically

14. 6.302-3, Litigation expert to support the Federal Government

AUTHORITIES

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Authority: Citation: 41 U.S.C. 253(c) (1)

FAR 6.302-2 Unusual and compelling urgency.

Authority: Citation: 41 U.S.C. 253(c) (2)

FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

Authority: Citation: 41 U.S.C. 253(c) (3)

FAR 6.302-4 International agreement.

Authority: Citation: 41 U.S.C. 253(c) (4)

FAR 6.302-5 Authorized or required by statute.

Authority: Citation: 41 U.S.C. 253(c) (5)

FAR 6.302-6 National security.

Authority: Citation: 41 U.S.C. 253(c) (6)

FAR 6.302-7 Public interest.

Authority: Citation: 41 U.S.C. 253(c) (7)