J and A pdf.pdf

CUI//SP-PROCURE/ /FEDCON

Control Number: NWS-2026-02

CUI/ISP-PROCURE//FEDCON

JUNE 2025

JUSTIFICATION REVIEW DOCUMENT

FAR Part 13 Justification and Approval

Simplified Procedures for Certain Commercial Items

Program/Equipment: The Lincoln County Sheriffs Office will provide security emphasis patrols on the Project throughout the year for routine surveillance and generalized threats and provide for continuing law enforcement presence during specific threats or incidences on lands administered by the Corps of Engineers, Libby Dam Project, Lake Koocanusa.

Authority: Title 41 United States Code (U.S.C.) §190l(e)(2) as implemented in Federal Acquisition Regulation (FAR) 13.50l(a)(l)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: The total estimated value for this acquisition, including all options, is roughly $502K

Prepared by:

Contracting Officer:

Brantley Dowell Phone: 206.764.6952 Contracting Specialist Date: 05 November 2025 E-mai1: brantley.w.dowell@usace.army.mil

Shemekia McMillan Phone: 206.764.3730 Contracting Officer Date: 07 November 2025 E-mai1: shemekia.r.mcmillan@usace.army.mil

Technical:

Requirements:

JeffL. Wood Libby Dam Safety Officer E-mail: jeffery. I.wood@usace.army.mii

Annette Best Administrative Officer E-mail: annette.l.best@usace.army.mil

Phone: 406.293.7751 Date: 07 November 2025

Phone: 406.293.7751 X 7216 Date: 07 November 2025

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager/Program Executive Officer:

JeffL. Wood Phone: 406.293.7751 Libby Dam Safety Officer E-mail:jeffery.1.wood@usace.army.mil

Small Business:

Enshane Hill-Nomoto Phone: NIA Deputy Small Business Programs

RANDOLPH.ELIZABETH.H

Digitally signed by

E-mail: enshane.nomoto@usace.army.m ii

ALSTED.1625241851

Legal Counsel:

Besty Randolph Assistant District Counsel

RANDOLPH.ELIZABETH.HALSTED.1625241851

Date: 2025.11.18 13:30:46 -08'00'

Phone: (206) 764-3548 E-mai1: elizabeth.h.randolph@usace.army.mil

CUI/ISP-PROCURE//FEDCON

FAR Part 13 Justification and Approval

Simplified Procedures for Certain Commercial Items

1. Requiring Activity: Libby Darn Project, operated by United States Army Corps of Engineers (USACE).

2. Contracting Activity: USACE, Seattle District (NWS)

3. Description of Action: Award of a new $502,474, non-competitive, five-year (base period plus four (4) one-year option periods to include Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend Services), Firm-Fixed-Price (FFP) contract action to Lincoln County Sheriffs Office, CAGE: 90LR3, UEI: QXV9TLQUJGT6, 512 California Ave, Libby, Montana 59923.

The base period of performance will be fully funded using Fiscal year (FY) 2026 Operations and Maintenance Army (OMA) funds.

4. Description of Supplies/Services: The law enforcement support services are necessary to satisfy the USACE mission to continue real-time security emphasis to ensure routine surveillance and generalized threats and continuing law enforcement presence during specific threats or incidences for those located at Libby Darn. Lincoln County Sheriffs Office is the only entity that can provide law enforcement support services to the Government as described in the Performance Work Statement on lands administered by USACE, Libby Darn Project, Lake Koocanusa. In addition, the Lincoln County Sheriffs Office is the incumbent of current Contract W912DW21P0031for Libby Darn law enforcement support services which expires on 31 December 2025. The projected duration of this contract action, including all four (4) option periods, will be from O1 January 2026 through 31 December 2030. Option clause FAR 52.217-8, if exercised, could extend the period of performance through O1 July 2031. Reference table below for additional details.

Authority Cited: 10 U.S.C Section 3204(a)(l) and Soliciting from a Single Source FAR13.501(b)(2) for purchases exceeding the simplified acquisition threshold pursuant to the

Period Period of Pe,formance (POP) Estimated Value Base 01 January 2026 through 31 December 2026 $97,464

Option 1 01 January 2027 through 31 December 2027 $98,952 Option 2 01 January 2028 through 31 December 2028 $100,440 Option 3 01 January 2029 through 31 December 2029 $101,928 Option 4 01 January 2030 through 31 December 2030 $103,416

Estimated Total Pric $502,474

CUI/ISP-PROCURE//FEDCON

authority of the text program for commercial items (section 4202 of the Clinger Cohen Act of 1966).

6. Reason for Authority Cited: Pursuant to FAR 13.501(a)(l)(i), "Conduct sole source acquisitions, as, defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraphs(a)(2) of this section;"

a. Background: This requirement is an ongoing acquisition that has only had one available option for fulling the services requested. This is due to the complex nature of this requirement to have individuals either arrested or forcibly removed using the law and regulations for the county, and by doing so it becomes necessary for law enforcement to be involved. Only the Lincoln County Sheriffs Office has the jurisdiction for the area requested. Federal Officers would have higher authority for the area, but that would be excessive given the nature of the requirement. 10 U.S.C. Section 2465 does not prohibit this action because it only applies to military installation or facilities. Additionally, the memorandum on 42 U.S.C. § 1962d-5d (2005) makes it clear that the procurement to obtain services necessary to protect visitors will be exempt from the full and open competition requirements of CICA and FAR. (Attach. I: Memorandum for Chief, Natural Resources Management, November 02, 2005)

b. Alternatives: NI A

c. Impact if not approved: This would change to precedence of what has been set over the years. It would also go against 10 U.S.C. § 2465 & 42 U.S.C. § 1962d-5d, to which then a new discussion and potential memorandum to those would need to be made. In addition, it will cause a lapse in services. Given the current climate this would take longer than foreseen time to discuss and would greatly impact not just this site but all USACE' s site that require this procurement.

7. Efforts to Obtain Competition: In accordance with FAR 5.201, the Contracting Officer has published the notices to the Government Point of Entry (GPE), SAM.gov.

a. Effective competition: USACE NWS posted a Notice oflntent to Sole Source-Libby

Dam Project Sheriff Patrols to SAM.gov on 30 October 2025 and requested any applicable responses from industry by 14 November 2025. To date, no responses have been received.

Historical data of previous procurements have shown results of no responses. However, if a response is received the acquisition approach will be reevaluated.

b. Subcontracting competition: Given the commercial nature and value of contract action, efforts to maximize subcontracting competition were not entertained or pursued at this time.

5. Actions to Increase Competition: This action is a follow-on to contract W912DW21P0031 which was a sole source requirement. For the reasons identified above and due to the security requirement levels at Libby Dam, the Government does not intend to compete this requirement in the future. USACE will continue to perform Market Research to monitor the industry for law enforcement support services and other vendors to increase competition in the future.

CUI/ISP-PROCURE//FEDCON

6. Market Research: In accordance with FAR Part 10 and DFARS 210.001, market research was executed to aid in determining the most appropriate and advantageous approach to satisfy the ongoing need. When the requirement for law enforcement support services was initially solicited in 2020, there was only one (1) company located within the United States, Lincoln County Sherriff's Office that responded to the solicitation by the deadline and could provide the required supplies and services being sought.

Current market research confirmed that Lincoln County Sheriff's Office is the only law enforcement agency that remains to have the authority and capability to provide the services required on Libby Dam lands based on the following:

a. They have full authority to enforce, and make arrests, if necessary, local, state, and federal laws on lands and waters associated with the Project (concurrent jurisdiction). They have the authority to take formal action in the event of unlawful or terrorist activity at Libby Dam and are staffed and equipped to do so on a sustained basis. Security Guard contractors do not have this authority.

b. LCSO owns the additional security monitoring devices outside of Corps owned security surrounding Libby Dam.

c. Given heightened security, Libby Dam must have presence of official law enforcement (LE) officials as the project is a critical storage facility on the Columbia River System. Libby Dam is critical infrastructure with half of its reservoir in Canada. This represents a backdoor to the dam. Capability, visibility and ability to respond are critical to the protection of this upper drainage storage facility. LCSO is the only official law enforcement presence in the vicinity of the project.

d. LCSO are available for increased forced protection system plans.

e. LCSO is a part of the MT anti-terrorism council (private companies are NOT part of this critical infrastructure protection in Montana) and has the ability to call in other agencies to support contracted activities or react to emergencies and security incidents.

f. LCSO patrols by foot and vehicle on all adjacent Corps lands.

g. LCSO are available 24/7.

h. LCSO are 17 miles from the dam providing a quick response times for emergency situations and incidents that occur at Libby Dam.

1. Libby Dam security requires appropriate armament, training, and authority for stop, seize and arrest. LCSO has this response capability, communications systems, and network of real time support and intelligence from all law agencies, federal, state and local. They also have bomb threat and low-level SWAT response capability for action against violence, domestic disputes or terrorist activity.

J. Law Enforcement Services at Corps Water Resources Development Projects Under 42 U.S.C. § 1962d-5d

k. Application of 10 U.S.C. § 2465 to Civil Works Projects and Facilities

CUI/ISP-PROCURE//FEDCON

No other company is capable of providing the law enforcement support services for this requirement.

The company profile, for Lincoln County Sherrif s Office, was located and reviewed in the System for Award Management. The entity is active and has no active exclusion and were considered responsible prior to award.

7. Interested Sources: A notice of intent to sole source the requirement for law enforcement support services at Libby Dam in Libby Montana was posted to SAM.gov on 30 October 2025 with a due date for responses on 14 November 2025. No correspondence was received in response to the notice. To date, no sources have reached out to express an interest in this requirement.

8. Other Facts: Below are other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. See the table below for additional details.

Contract Number Contractor Procurement

Method Amount (est.)

Period of Performance

W912DW21P0031 Lincoln County Sherrif's Office

Sole Source

FAR

13.501(a)(l)(ii))

$516,299.00 01 Jan 2021 through 31 Dec

W912DW20P0009 Lincoln County Sherrif's Office

Sole Source

FAR

13.501(a)(l)(ii))

$124,333.50 01 Feb 2020 through 31 Jan

W912DW16P0033 Lincoln County Sherrif's Office

Sole Source

FAR

13.501(a)(l)(ii))

$506,417.50 01 MAR 2016

through 31 DEC

1) Historical data above reveals the procurement method utilized for all (3) contracts listed above was sole source. In the table above, the difference between the three (3) contracts is that two (2) of them, which are Contract W912DW21P0031 and Contract W912DW16P0033 included a base year plus four (4) option years, while one (1) contract which is Contract W912DW20P0009 included only a base year. This resulted in a difference in the total awarded amount for each contract.

2) There is no record of any inquires, objections, or protests being received pertaining to this requirement.

CUI/ISP-PROCURE//FEDCON

WOOD.JEFFRE WOOD.JEFFREY.L.1272579055

BEST.ANNETTE.LO BEST.ANNETTE.LOLENE.1152013

MCMILLAN.SHEMEK

IA.ROSHELLE.10648

45159

MCMILLAN.SHEMEK

IA.ROSHELLE.10648

45159

b. Other facts. All relevant factual data has been captured within this documentation and reviewed and approved by the appropriate parties.

9. Technical 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.

JeffL. Wood Libby Dam Safety Officer

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.

Annette Best Administrative Officer

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable. This determination will be made using previous contracting history, IGE and a Price Fair & Reasonable Determination.

Shemekia McMillan Contracting Officer

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

Shemekia McMillan Contracting Officer