A.03.09_Justification_for_Other_than_Full_and_Open_Competition~.pdf

Control No. 17-0020

SINGLE-SOURCE DETERMINATION

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: US Army Corps of Engineers (USACE), Walla Walla District

(CECT-NWW

2. DESCRIPTION OF ACTION: This action is for a new firm-fixed priced commercial single-source requirement to Ada County Sheriff for the Walla Walla District, US Army Corps of Engineers. This requirement is being funded by Operation and Maintenance (O & M). This Purchase Order will be for this summer season only with Period of Performance dates of 19 May 2017 through 10 September 2017.

3. DESCRIPTION OF SERVICES: This action is to procure law enforcement services for additional patrols on Corps properties during the peak summer season. The work area includes Corps-administered lands and waters with Ada County, Idaho, as well as locations in Boise and Elmore counties as covered under existing reciprocal authorities. The principal areas covered by this contract are the recreation and visitor access sites at Lucky Peak Lake: Barclay Bay, Turner Gulch, Foote Park, Lucky Peak Viewpoint, Deer Flat, Charcoal Creek, Placer Point, Chimney Rock, dispersed shoreline sites, and the lake proper. In addition, the requirment includes twice-nightly patrols on and around the dam proper. The estimated cost is $115,653.30.

4. AUTHORITY CITED: FAR 13.106-1(b)(1) Soliciting from a Single-Source. For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonable available.

5. REASON FOR AUTHORITY CITED:

a. BACKGROUND: The US Army Corps of Engineers has procured similar services from Ada County in the past (see Award Nos. W912EF-09-P-0123, 10-P-5042, 11-P-5063, 12-P-5045, 13-P-5023, 14-P-5037, 15-P-5025, and 16-P- 5023). This agency patrols within Ada County and has the authority to arrest and detain individuals. See paragraph b.

below.

b. JUSTIFICATION:

(1) Section 120 of the Water Resource Development Act of 1976 (Public Law 94-587, 90 Sta. 2917, Exhibit A) grants the US Army Corps of Engineers (USACE) the authority to contract with the States and their political subdivisions for the purpose of obtaining increased law enforcement services. This authority is re-enforced by a 2005 legal opinion from the Corps Chief Counsel which further states such procurements will be exempt from the full and open competition requirements of the Competition in Contracting Act (CICA) and FAR since the law only authorizes contracts for law enforcement services with “States and their political subdivisions.”

(2) Title 67 (State Government and State Affairs, Chapter 70 (Idaho Safe Boating Act), Idaho Code 67-7028 states, “The sheriffs and deputy sheriffs of the respective counties shall be primarily responsible for the enforcement of this chapter and in the exercise of their authority may stop and board any vessel subject to law.”

(3) Title 49 (Motor Vehicles), Chapter 2 (General), Idaho Code 49-205, Duties of Officers. This statute states that the various counties of the state (of Idaho) shall be agents of the department and shall perform duties prescribed in this title. Peace officers with the state of Idaho shall enforce and make arrests.

6. EFFORTS TO OBTAIN COMPETITION: In previous years a requirement for the same type of service was published as a Notice of Intent to Make a Single-Source Award. No expression of interest was received.

A similar notice will be published in 2017.

7. FAIR AND REASONABLE COST DETERMINATION: Ada County was contacted to determine how they calculate their hourly rate for these patrol services. Ada County stated that they will use their wage scale, plus an amount to cover their vehicle use and maintenance. A price analysis will be conducted by comparing prices paid for the same service under previous contracts. Ada County’s prices are similar to those of Boise County.

8. MARKET RESEARCH: See paragraphs 5 and 6.

9. OTHER SUPPORTING FACTORS: N/A

10. INTERESTED SOURCES: See paragraph 5. Any bids, quotes, or proposals received shall be considered.

11. ACTIONS TO INCREASE COMPETITION: None. See paragraph 5.

12. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Prepared by:

MATTHEW W. BOUDREAUX

Purchasing Agent

Approved by:

Contracting Officer g4ct9mwb Typewritten Text Reviewed by:

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JULIE M. MORRIS

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THERESA L. HAMPSON

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