A.03.09_J&A_BaxterCounty_17-004.pdf

CONTROL NO. 17-004

PROJECT/EQUIPMENT: Law Enforcement - County

AUTHORITY: 6.302-1 AMOUNT: $ 258,750.00

NAME (Type or Print) TELEPHONE NO

Prepared By: Jonathan J. Sawrie 501-340-1045

TITLE DATE

Contracting Officer 8-Feb-17 NAME (Type or Print) TELEPHONE NO

Technical: Jeffrey M. Case 501-340-1436

TITLE DATE

Operations Project Manager 8-Feb-17 NAME (Type or Print) TELEPHONE NO

Requirements: Titus V. Hardiman 501-324-5899

TITLE DATE

Ch, Natural Resources Mngmt Section 9-Feb-17

SIGNATURES ARE REQUIRED BELOW:

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

SIGNATURE DATE

Deputy Office of Small Business Programs

NAME (Type or Print) TELEPHONE NO Soila T. Reando 501-324-7194

SIGNATURE DATE

Office of Counsel NAME (Type or Print) TELEPHONE NO James W. Cullum 501-340-1011

SIGNATURE DATE

Local Competition Advocate Acting Deputy Commander

NAME (Type or Print) TELEPHONE NO Christopher B. Roark 501-324-5531

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

PROPOSED CONTRACT NOT EXCEEDING $700,000

REANDO.SOILA.T.11276

38612

Digitally signed by REANDO.SOILA.T.1127638612 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REANDO.SOILA.T.1127638612 Date: 2017.02.09 13:00:19 -06'00'

CULLUM.JAMES.WA

YMON.1116130404

Digitally signed by

CULLUM.JAMES.WAYMON.1116130404

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CULLUM.JAMES.WAYMON.1116130404 Date: 2017.02.09 13:09:18 -06'00'

ROARK.CHRISTOPHER.B.123

0799969

Digitally signed by ROARK.CHRISTOPHER.B.1230799969 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=ROARK.CHRISTOPHER.B.1230799969 Date: 2017.02.09 15:34:05 -06'00'

DEPARTMENT OF THE ARMY

LITTLE ROCK DISTRICT, CORPS OF ENGINEERS

Post Office Box 867

LITTLE ROCK, ARKANSAS 72203-0867

REPLY TO

Contracting Division Control No. SWL-17-004

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: U.S. Army Corps of Engineers, Southwestern Division, Little Rock District, Post Office Box 867, Little Rock, Arkansas 72203-0867

2. Description of Action: Firm-Fixed-Price contract with Sheriff, Baxter County, Arkansas to provide increased law enforcement services; funded with Civil Works Appropriations; estimated contract value is $258,750.00.

3. Description of Supplies/Services: The Contractor shall provide increased law enforcement services for those parts of Norfork Lake that are within Baxter County’s jurisdiction for the purpose of enforcement of state and local criminal and civil laws during peak visitation periods.

Services include vehicular patrol by the law enforcement agency of the interior roads of the parks and other federal properties owned and maintained by the Corps of Engineers within the respective county. The contractor shall enforce state and local laws, monitor visitor use to increase public safety and assist Corps of Engineers Rangers with their visitor assistance duties if requested. Period of performance will be a one-year base period with two, one-year option periods. Base period of performance is 01 March 2017 through 28 February 2018.

4. Authority Cited: 10 U.S.C. § 2304(c)(1); FAR 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: Under Federal land acquisition laws and policies, state and local law enforcement authorities retain the authority and responsibility to enforce applicable state laws on USACE property acquired for its water resource development projects. The Sheriff, Baxter County, Arkansas has the primary authority and sole responsibility to enforce state law within their jurisdictions, which includes USACE property at Norfork Lake. In accordance with 42 USC § 1962d-5d, USACE is authorized to enter into contracts with states and their political subdivisions to obtain increased law enforcement services at civil works water resource projects to meet needs during peak visitation periods. Services to be provided include enforcement of state and local laws in effect on USACE property above the level normally provided.

6. Efforts to Obtain Competition: Not applicable. No other law enforcement agencies have the requisite jurisdiction and responsibility to provide these services. However, these actions are not exempt from the publicizing requirements of FAR 6.305, and will be posted on FedBizOpps within 14 days of contract award.

7. Actions to Increase Competition: Not applicable. It is not possible to increase competition without amending 42 USC § 1962d-5d to permit contracting with other than state or local law enforcement agencies. (Reference USACE Chief Counsel Opinion dated 02 November 2005;

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

8. Market Research: No market research was conducted. There are no other law enforcement agencies that have the requisite jurisdiction and responsibility to provide these services.

9. Interested Sources: No other interested sources.

10. Other Facts: No other pertinent facts.

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.

Signature: ____________________________________________ Date: ___________________ Name and Title: Jeffery M. Case, Operations Project Manager

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.

Signature: ____________________________________________ Date: ___________________ Name and Title: Titus V. Hardiman, Ch, Natural Resources Mngmt Sec

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Price will be evaluated based on government cost estimate. Certified cost and pricing data will not be requested.

Signature: ____________________________________________ Date: ___________________ Name and Title: Jonathan J. Sawrie, Contracting Officer

February 8, 2017 Mark Case

09 Feb 17

HARDIMAN.TITUS.V.123079272

Digitally signed by HARDIMAN.TITUS.V.1230792727 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HARDIMAN.TITUS.V.1230792727 Date: 2017.02.08 15:25:45 -06'00'

SAWRIE.JONATH

AN.J.1230814003

Digitally signed by

SAWRIE.JONATHAN.J.1230814003

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SAWRIE.JONATHAN.J.1230814003 Date: 2017.02.09 12:23:03 -06'00'

APPROVAL

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

Signature: ____________________________________________ Date: ___________________ Name and Title: Jonathan J. Sawrie, Contracting Officer

09 Feb 17

SAWRIE.JONATH

AN.J.1230814003

Digitally signed by

SAWRIE.JONATHAN.J.1230814003

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SAWRIE.JONATHAN.J.1230814003 Date: 2017.02.09 15:44:04 -06'00'