SINGLE SOURCE JUSTIFICATION_FAR 13.106_Redacted_1.pdf

WBR 1413.106-1 Form 1 (September 2016)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Solicitation No.: 140R2020Q0074 Project Name: Napa County Law Enforcement LBFO

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1), for purchases not exceeding the simplified acquisition threshold (SAT). Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

1. Agency and Contracting Activity.

Bureau of Reclamation, Central California Area Office Division/Branch: Lake Berryessa Field Office 5520 Berryessa Knoxville Road Napa, California 94558

2. Name and Address of Single Source.

County of Napa Office of the Sheriff 1535 Airport Blvd.

Napa, CA 94558

3. Description of Supplies/Services and Estimated Cost.

The contractor shall provide all labor, materials, equipment, supervision, and facilities, unless otherwise stated herein, to provide law enforcement services at Lake Berryessa from September 1, 2020 to August 31, 2025. These patrols include one Law Enforcement (LE) Officer patrolling 40 hours per week, year-round, with an additional 140 overtime hours to be requested and scheduled at the discretion of the Contracting Officer Technical Representative (COTR), if these additional services are needed.

4. Description of Circumstances, including why only one source is reasonably available.

Since the scope of work to provide these services cannot be clearly defined without an agreed upon plan of operation between law enforcement agencies and the Contracting Officer (CO), procurement by formal advertising is not practical. The specialized services required are such that the county is the only effective supplier of such services in the area where the service is required, and formal advertising is inappropriate. The county is empowered with local jurisdiction to enforce civil and criminal laws of the State on Park Lands, and law enforcement competition rarely exists because law enforcement jurisdiction is applied by respective geographical areas. Sole source negotiation with local county agencies is necessary to accomplish the program intent.

WBR 1413.106-1 Form 1 (September 2016)

5. Determination of Fair and Reasonable Cost.

Costs have been calculated at Napa County’s fully burdened rate for a Deputy Sheriff to provide these services.

6. Description of Market Research.

Not practicable, no other sources will satisfy agency statutory requirements.

PL 107-69 provides authority for BOR to contract for Law Enforcement (LE) services with Federal, State or local LE agencies (not private). This 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.” The Sheriff in Napa County will not grant jurisdiction for the enforcement of State law to others outside of his department, so we are in effect limited to contracting with the local Sheriff’s Department.