Redacted Sole Source Justification_2.docx

Solicitation Number: 140R2020Q0074 Page 1 of 6

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

Bureau of Reclamation Division of Acquisition Services 2800 Cottage Way Sacramento, CA 95825

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

To enter into a sole source, firm fixed-priced contact with the Napa County Sheriff’s Office for law enforcement services. This requirement will be for a base year and four (4) option periods.

Description of Supplies/Services (FAR 6.303-2(b)(3)).

Task 1. Schedule patrols – provide adequate protection of persons, property and resources on the public lands and roads administered by the Bureau of Reclamation and enforce local and state laws as necessary and authorized.

Task 2. Unscheduled patrols – any other patrol not scheduled due to emergency or at the request of the Contract Officer Representative (COR) and approval by the contracting officer.

Task 3. Provide support to the Lake Berryessa Office (LBO) fee collection program – be present when park rangers engage in cash pick-ups and bank drop-offs.

Task 4. Provide LBO staff with a minimum of two (2) days of training per year to Reclamation staff on public safety techniques (including but limited to; interpersonal communications, crime trends, cultural awareness, and post-incident stress debriefing).

Task 5. Provide support to LBO Land Management Issues – investigate land management issues on directly-managed BOR property when reported by LBO staff (e.g. graffiti, trespassing, dumping etc.).

Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)). (Check one)

3. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

IAW FAR 13.501 The government desires to contract with the Napa County Sheriff’s Department, for law enforcement services on a sole source basis. Law enforcement agencies are empowered with local jurisdiction to enforce civil and criminal laws of the state of California. Law enforcement competition rarely exists because law enforcement jurisdiction is applied by respective geographical areas. Colloquially, it is used to refer to the geographical area to which such authority applies, for example the Napa County Sheriff’s department has the sole jurisdiction of Napa County.

“Public Law 98-552” provides authority for BOR to contract for law enforcement (LE) services with federal, state or local LE agencies (not private). This public law further requires the use of “Law Enforcement Personnel” which it defines as “an employee of federal, state, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the secretary (of the Interior) and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction.”

4. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

The authority for use of other and full and open competition for this transaction is 41 U.S.C 1901 as implemented by FAR 13.501, Only one responsible source using Simplified Acquisition Procedures (Above SAT but below $7M). Napa County Sheriff’s Department is the only law enforcement agency within the jurisdictional authority to provide law enforcement services in the Napa County area.

An intent to sole source was sent out on 06/25/2020 and closed on 07/03/2020. The intent to sole source asked firms to provide a capabilities statements in relation to the performance work statement for the services needed. This resulted in no responses.

5. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Government will conduct a price analysis in accordance with FAR 13.106-3 to determine prices fair and reasonable. The proposed labor rates shall be reviewed to confirm whether they are comparable to the rates within the market. A price analysis will be performed using the Napa County’s fully burdened rate for a Deputy Sherriff, and with rates within the market, IAW (FAR 13.106-3(a)(2)(iii). No contract award will be made until the Offerors price has been determined fair and reasonable.

6. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

Market research was conducted to determine if any other local law enforcement agencies could provide this requirement. The results of the market research demonstrated that Napa County Sheriff’s Department is the only source capable of providing the services needed to accomplish the requirement. Other agencies were contacted via telephone (i.e. California Highway Patrol, Napa Police Department), and it was determined that Napa County Sheriff’s Department is the only agency within the jurisdiction capable of providing the services required.

In addition to these checks, market research was conducted by checking the following sources; Dynamic small business search tool (no results under NAICS 922120), General Services Administration (GSA) (no results under “law enforcement services”), and Ability One, with no results. Based on the information obtained via market research, it has been determined as stated above that the award be made to Napa County Sheriff’s Office.

7. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Not Applicable

8. Listing of Interested Sources (FAR 6.303-2(b)(10)).

Napa County Sheriff’s Office 1535 Airport Boulevard Napa, CA 94558

(707) 253-4509

9. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

Reclamation does not have a means to remove barriers to future competition, unless the requirement changes significantly as to remove the law enforcement component of the required services. When the required services become available for renewal, Reclamation will assess and decide if law enforcement will still be an integral component. If not, the requirement will likely become a non-law-enforcing guard and patrol service that could be satisfied by the commercial market instead. Until the law enforcement component (i.e. the barrier) is removed from the requirement, Reclamation does not foresee any reasonable expectation of removing barriers to future competition.

Napa County Sheriff’s Department is the only sheriff’s department authorized to perform the types of duties required and are the only department within the jurisdiction needed for services.

WBR 1406.303-1 Template 1 (03/2019)