Sole Source JA Stanislaus River Final Redacted.pdf

Control Number: SPK-FY21-28

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Justification for Other than Full and Open Competition

US Army Corps of Engineers (USACE), Sacramento District (SPK) FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services

Will Satisfy Agency Requirements Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting

Procurements under FAR Part 12, and FAR Part 13

Purchase Request Number: W62N6M10061124 Contract Number: TBD Task/Delivery Order Number: TBD Procurement Title: Law Enforcement services for Stanislaus River Parks, Stanislaus County, CA Estimated Value:

Statutory Authority: FAR 6.302-1, Only One Responsible Source, 10 U.S.C. 2304(c)(1)

Upon the basis of the following justification, I, as the Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-1, Only One Responsible Source, 10 U.S.C. 2304(c)(1).

1. CONTRACTING ACTIVITY:

Requesting Agency:

U.S. Army Corps of Engineers, Sacramento District Stanislaus River Parks 17968 Covered Bridge Rd Oakdale, California 95361-7893

Contracting Activity:

U.S. Army Corps of Engineers, Sacramento District Services & Supply Section, Contracting Division 1325 J Street, Room 878 Sacramento, California 95814-2928

2. DESCRIPTION OF ACTION:

This is a new Operations and Maintenance funded firm-fixed price contract to provide law enforcement service the Stanislaus River Parks, Stanislaus County, California. This will be awarded to the County of Stanislaus.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The purpose of this contract is to provide additional law enforcement services at Stanislaus River Parks, including multiple areas within the Stanislaus River Park project boundaries, Stanislaus County, CA. Areas where services are to be performed include: Park Headquarters, Knights Ferry, Horseshoe Road, Honolulu Bar, Orange Blossom, Valley Oak, Oakdale, and Riverbank Recreation Areas on the Stanislaus River, Stanislaus County, California, and all other non-designated recreation areas within the Stanislaus River Parks Project boundaries. The period of

Page 4 of 7 Pages performance will be 05/01/2021 – 04/30/2022 with four option years of twelve months each.

The estimated overall value is .

4. AUTHORITY CITED:

The statutory authority permitting other than full and open competition for the proposed action is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements. 10 U.SC.2304(d)(1)(A)(i), as implemented by FAR 6.302-1(a)(2)(i)(A), provides that full and open competition need not be provided in instances when services may be a unique and innovative concept.

5. REASON FOR AUTHORITY CITED:

USACE need not engage in full and open competition for this requirement because the criteria in FAR 6.302-1(a)(2)(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.2304(d)(1)(B).) are met, as indicated below.

Highly Specialized Services: The Stanislaus County Sheriff and Stanislaus County Sheriff’s Department is the sole, State authorized source for non-military Law Enforcement for lands within Stanislaus County. Authority Cited: Title 36 Code of Federal Regulations (CFR), Part

327.26 and Engineering Pamphlet (EP) 1130-2-550.

6. EFFORTS TO OBTAIN COMPETITION:

A Notice of Intent/Sources Sought was posted to Beta Sam to identify any other potential vendors capable of providing the law enforcement service required. The notice was posted for 15 days and zero responses were received. Market research was conducted, details of which are in the market research section of this document. None of these efforts have yielded additional potential sources. There is no competition anticipated for this procurement.

7. ACTIONS TO INCREASE COMPETITION:

See section 6.

8. MARKET RESEARCH:

As noted above, a notice of intent/sources sought was posted to Beta Sam which closed on 03/23/2021. The notice was posted for 15 days and zero responses were received. The Stanislaus County Sheriff and Stanislaus County Sheriff’s Department is the sole, State authorized source for non-military Law Enforcement for lands within Stanislaus County.

Authority Cited: Title 36 (CFR), Part 327.26 and EP 1130-2-550.

9. INTERESTED SOURCES:

To date, no other sources have written to express an interest.

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10. OTHER FACTS:

Procurement History. This has been awarded previously for the Stanislaus River Parks locations to as a sole source to the same vendor. On 6/30/2016 a single award IDIQ was made (W91238- 16-D-0009) to the County of Stanislaus for Law Enforcement services with an overall value of $213,696.00.

Due to the unique need for this requirement, only the Stanislaus County Sheriff and Stanislaus County Sheriff’s Department can provide the law enforcement needed.

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Approval

Based on the foregoing justification, I hereby approve the procurement of Law Enforcement services for Stanislaus River Parks on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Joel R. Klemmer Contracting Officer / Section Chief, Services & Supply

Digitally signed by