LESoleSourceRedacted.pdf

Control No. 14-10

Page 1 of 4 Revision 1, dated 13 Apr 09

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under 100K or

If using FAR Part 13 Not Exceeding $550K)

1. Agency/Contracting Activity: USACE-CECT-SWT

2. Description of Action:

Nature: X New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

• Oklahoma: Bryan, Cherokee, Woodward, LeFlore, Haskell, Blaine Counties

3. Description of Services or Supplies:

The total estimated value of each contract ranges from

In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services.

Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

Law Enforcement- Multiple contracts will be awarded to Sheriff’s Departments under this requirement. Each Sheriff’s Departments (contractor) under this contract will be required to provide all labor, equipment, and supplies to perform surveillance and law enforcement services for USACE park and lake areas located within their respective counties of jurisdictions. All Federal property under USACE control must be patrolled during the specified period of performance to include holidays to provide for the safety of the public.

Additionally, law enforcement functions and actions can be performed only by duly authorized law enforcement agencies acting within their jurisdictions. Therefore, contracts can only be awarded to, local county Sheriff departments who are certified law enforcement agencies.

4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.)

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.

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but

Page 2 of 4 Revision 1, dated 13 Apr 09 not exceeding $5.5M, the correct citation is: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. [Note: this abbreviated justification form can only be used for actions not exceeding $550K. Justifications above $550K must be prepared using the format at FAR 6.303-2.]

5. Reasons for Authority Cited:

a. Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

The current requirement can only be performed by a certified and qualified Law Enforcement agency. Many of the counties located in the USACE area of operation (AO) do not have police departments; therefore, the AO can only be patrolled by the local sheriff’s department. Procurement of this requirement requires the use of FAR 6.302-1 (Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements) Security guard companies are not qualified nor certified to perform this contract. Therefore, Full and open competition is not available for Law Enforcement services within the aforementioned AO.

b. For a follow-on contract action of highly specialized services, or the continued development or production of a major system or highly specialized equipment, discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

N/A This is requirement is not a follow on contract.

c For contract extensions or bridge contracts when a competitive follow-on is in the works, summarize history of current contract and explain the reasons for any delays in the acquisition.

Include discussion of the milestones for the follow-on action; they should be as tight as possible.

Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including important dates and the basis of the protest. Establish that the action will provide the minimum quantity or performance period.

N/A This is not a contract extension.

d. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

N/A This requirement is not utilizing 6.302-2 Unusual and compelling urgency.

6. Actions to Increase Competition: Describe efforts made to compete the action, including

Page 3 of 4 Revision 1, dated 13 Apr 09 whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies. If notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible.

Notice of the proposed contract action will be synopsized on FBO for approximately 15 days. Due to the location and the size of the AO that requires law enforcement services, only one agency can fulfill the requirement.

7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

Due to the specific authority the contractor must uphold, a search in accordance FAR part 8 revealed negative results. Therefore, no further competition could be facilitated to fulfill this requirement.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): __Yes X No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

Was action competed? ___ Yes ___ No If action was not competed, state the cited authority, summarize rationale:

Far 6.302-1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

9. Additional Information to support the justification.

Approval of this justification is applicable to FAR 6.304(a)(1) and is approved in writing by the Contracting Officer. The total estimated amount is between and no other approval is necessary.

10. Technical / Requirements Certification: I certify that the supporting data that is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

SIGNATURE: DATE:

NAME:

TITLE: Law Enforcement

Page 4 of 4 Revision 1, dated 13 Apr 09

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination:

The proposed price is fair and reasonable in accordance with FAR 13.106-3 (2)(vi) – Comparison of the proposed price with prices found reasonable IAW and comparison to the Independent Government Estimate (IGE) and to previous contracts for similar services.

The total estimated price for each contract is between

12. Prepared By:

SIGNATURE: DATE: 10 March 2014 NAME: Meawonna Floyd TITLE: Contract Specialist

13. Review (if value exceeds $100K): I have reviewed this justification and find it legally sufficient.

Legal Counsel

SIGNATURE: DATE:

NAME:

TITLE:

14. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE: 11 March 2014 NAME: Robert E. Reed TITLE: Contracting Officer

See guidance under FAR 13.106-3(a)(2), if applicable. Also provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR 15.402), such as price analysis, cost analysis, cost realism.

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