A.02_Justification-and-Approval (18 Mar 2020).pdf

Control #NWP-20-003

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: CONTROL NO: CECT-NWP-20-003

Oregon State Patrol Services for Willamette Valley & Rogue River Basin localities.

AUTHORITY: 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-5, Authorized or Required by Statue

AMOUNT: $366,741.86

PREPARED BY:

NAME: Robbie Newland

PHONE: 503-808-4634

DATE: 24 Feb 2020

CONTRACTING OFFICER

NAME: Laura Surbrook

PHONE: 503-808-4612

TECHNICAL

NAME: Raymie Briddell

PHONE: 541-349-3041

REQUIREMENTS

PHONE: 541-349-3041

SIGNATURES ARE REQUIRED BELOW

I have reviewed this J&A and find the justification adequate to support other than full and open competition.

PROJECT MANAGER

SIGNATURE:

NAME: Andre Jovanovic

DATE:

PHONE: (541) 942-5631

DEPUTY FOR SMALL

BUSINESS

NAME: Carol McIntyre

PHONE: (503) 808-4602

ASSISTANT DISTRICT

COUNSEL

NAME: Nate Canfield

PHONE: (503) 808-4288

CHIEF OF THE

CONTRACTING OFFICE

NAME: Tracy L. Wickham

PHONE: 503-808-4600

LOCAL ADVOCATE FOR

COMPETITION

NAME: N/A (under $700K)

PHONE:

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers (USACE), Portland District, Supply/Services Branch, 333 SW First Avenue, Portland Oregon, 97208.

2. DESCRIPTION OF ACTION: Approval is requested to procure services under a Time & Material (T&M) Contract. The period of performance is from 24 May 2020 through 28 Feb 2023, which includes one (1) base and two (2) option years. Funding will be 96X3123 Operation and Maintenance, Corps of Engineers, Civil appropriated funds. The NAICS code is 922120 - Police Protection, which is the previous NAICS code utilized for this procurement. This NAICS codes is for government establishments primarily engaged in criminal and civil law enforcement, police, traffic safety, and other activities related to the enforcement of the law and preservation of order.

Estimated Contract Value:

Base Year: 24 May 2020 – 28 February 2021 ($110,418.81) Option Year 01: 01 March 2021 – 28 February 2022 ($126,829.81) Option Year 02: 01 March 2022 – 28 February 2023 ($129,493.24)

Total: ($366,741.86)

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The Government requires law enforcement services from the Oregon Department of State Police, referred to in this document as the Oregon State Police, through specified patrols to assist the Portland District in the administration and regulation of use and occupancy of the public lands, waters, roads, and trails within the confines of the Willamette Valley and Rogue River Basin, Oregon. The following USACE-administered lands and waters within Lane County, which shall receive patrol services, include: Dexter, Fall Creek, Hills Creek, Lookout Point, Dorena, Cottage Grove, Fern Ridge, Blue River and Cougar projects.

4. AUTHORITY CITED: 42 U.S.C. 1962d-5d (a), as implemented by FAR 6.302-5, Authorized or Required by Statue. This justification is for the use of “…States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the Army to meet needs during peak visitations periods.”

5. REASON FOR AUTHORITY CITED:

a. Background: The Oregon State Police is the only responsible source that has jurisdiction to enforce the civil and criminal laws of the state of Oregon on the public lands, waters, roads, and trails administered by USACE in the Willamette Valley and Rogue River Basin. Oregon State Police deputies have undergone the required training as prescribed by the Oregon State Department of Public Safety Standards and Training. Oregon State Police deputies possess the required qualifications and unique authority that other civilian security agencies do not have.

The Portland District has a continued need for these services annually. Procurement history indicates that the District has sole sourced these services to Oregon State Police each time.

b. Justification: Congress has limited law enforcement capabilities of USACE rangers to issuing citations for violations of regulations rather than violations of law. USACE rangers principally have land management functions with duties related to recreation and natural resources management and do not have citation authority for local, state, and federal laws. Full police authority at USACE projects, including the authority to enforce state and local laws and place persons under arrest, is retained solely by state and local authorities.

Congress has authorized USACE to contract with state and local authorities for law enforcement services in limited circumstances. 42 U.S. Code 1962d–5d – Authorization of Secretary of the Army to contract with States and political subdivisions for increased law enforcement services during peak visitation periods; authorization of appropriations, states the following:

(a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the jurisdiction of the Secretary of the Army to meet needs during peak visitation periods.

Consequently, USACE relies on the assistance and cooperation of local and state law enforcement through contracts during peak visitation periods for maintaining public safety and providing law enforcement activities. The Oregon State Police has full law enforcement jurisdiction within all counties where services are to be performed.

c. Impact: If this contract is not awarded to the Oregon State Police, there will be no law enforcement presence during high peak visitation season at USACE-controlled lands which results in an increased risk to public safety and increased risk of USACE property damage.

d. Alternatives: There are no alternatives to procure these services as only Oregon State Police has jurisdiction to enforce the civil and criminal laws of the state of Oregon on the public lands, waters, roads and trails administered by the USACE in the Willamette Valley and Rogue River Basin.

6. EFFORTS TO OBTAIN COMPETITION: The Oregon State Police is the only responsible source with jurisdiction to enforce the civil and criminal laws of the state of Oregon on the public lands, waters, roads, and trails administered by the USACE in the Willamette Valley and Rogue River Basin.

7. ACTIONS TO INCREASE COMPETITION: A Special Notice – Intent to Sole Source – was posted on Fed Biz Ops on February 24, 2020 for 15 days through 10 March 2020. If any responses are received, the U.S. Government will review/consider and take appropriate action, if required.

8. MARKET RESEARCH: In addition to posting a Notice of Intent to Sole Source, a thorough review of the Portland District’s procurement history was completed as part of market research. See Section 10 below for full procurement history details. Prior contracts for these services were awarded to the Oregon State Police on an “Other than full and open competition” basis.

9. INTERESTED SOURCES: No other sources have written to express an interest.

10. OTHER FACTS: The Government has previously procured these services. The procurement history indicates that all prior acquisitions have been done under a sole source to Oregon State Police, indicating they are the only responsible source for these services. The procurement history is outlined below.

W9127N12P0203: Awarded on 23 May 2012 to the Oregon Department of State Police for 3 years at $61,755.44 (total contract value ended up being $223,437.04). This was a sole source action per FAR 6.302-1 (as stated on the Contract Action Report). J&A cited authorized or required by statute 42 U.S.C.

1962d-5d (2005).

W9127N15P0052: Awarded on 21 May 2015 to the Oregon Department of State Police for 1 year at $32,367.50. This was a sole source action per 42 U.S.C. 1962d-5d (2005) as implemented by FAR 13.106-

1(b)(1) Soliciting from a Single Source.

W9127N16P0032: Awarded on 23 May 2016 to the Oregon Department of State Police for 1 year at $109,584.60. This was a sole source action per FAR 13.106-1(b)(1) Soliciting from a Single Source.

W9127N17P0060: Awarded on 17 May 2017 to the Oregon Department of State Police for 1 year at $131,291.34. This was a sole source action per FAR 13.106-1(b)(1) Soliciting from a Single Source.

W9127N18P0063: Awarded on 27 April 2018 to the Oregon Department of State Police for 1 year at $140,291.36. This was a sole source action per FAR 13.106-1(b)(1) Soliciting from a Single Source.

W9127N19C0019: Awarded on 24 May 2019 to the Oregon Department of State Police for a Base Year and two (2) Option Years. This was a sole source action per FAR 13.106-1(b)(1) Soliciting from a Single Source.

11. 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.

TITLE: Contracting Officer Representative SIGNATURE: _________________

12. 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.

TITLE: Contracting Officer Representative SIGNATURE: _________________

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon historical information for this procurement. The final price proposal will be compared to an independent government estimate and current market pricing for similar security services.

Certified cost or pricing data will not be required, as the action will not be exceeding the threshold requiring such data.

NAME: Laura K. Patterson TITLE: Contracting Officer SIGNATURE: ___________________

CONTRACTING OFFICER CERTIFICATION:

I certify that this J&A is accurate and complete to the best of my knowledge and belief.

NAME: Laura K. Patterson TITLE: Contracting Officer SIGNATURE:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Enhanced Law Enforcement services at the Willamette Valley and Rogue River Projects on an other than full and open competition basis pursuant to the authority of 42 U.S. Code 1962d–5d, subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

NAME: Tracy Wickham TITLE: District Chief of Contracting SIGNATURE: ___________________