A.03.09_Justification_for_Other_than_Full_and_Open_Competition~.pdf

Control No. 17-0027

SINGLE-SOURCE DETERMINATION

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY:

US Army Corps of Engineers, Directorate of Contracting, Walla Walla District (CECT-NWW).

2. DESCRIPTION OF ACTION: This action is for a new firm fixed-price commercial Single-source requirement to Asotin County Sheriff for the Walla Walla District, U.S. Army Corps of Engineers. This requirement is being funded by Operation and Maintenance (O&M).

The Period of Performance is May 1, 2017 through November 30, 2017.

3. DESCRIPTION OF SERVICES: This action is to procure supplementary law enforcement services on Corps-administered lands and waters within the County of Asotin during peak visitation. The principal areas covered by this contract are recreation and visitor access sites at Lower Granite Lake, and on the waters of the lake itself. The estimated cost is $2,869.60.

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 County of Asotin in the past (see Award Nos. W912EF-09-P-0109, 10-P-5032, 11-P-5041, 12-P-5041, 13-P-5034, 14-P- 5042, and 15-P-5032). This agency patrols within the County of Asotin and has the statutory jurisdiction and authority to cite, detain, and arrest individuals. See paragraphs 2 and 3 above.

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) RCW Title 36, Chapter 36.28, Section 36-28-010, General Duties (of the Sheriff), states, “The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of his or her office, he or she and his or her deputies: (1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses . . .”

6. EFFORTS TO OBTAIN COMPETITION: Previous requirements for the same type of service have been published as a Notice of Intent to Make a Single-Source Award on the FBO website. No expression of interest has ever been received.

7. FAIR AND REASONABLE COST DETERMINATION: The Asotin County Sheriff’s Department was contacted to determine how they calculate their hourly rate for these patrol services. They do not have a collective bargaining agreement. They will use the wage scale, plus an estimated amount to cover their vehicle/vessel use and maintenance to determine their price quote. The prices quoted by the County of Asotin under this action are comparable to those quoted by the County of Garfield for similar services.

8. MARKET RESEARCH: See paragraphs 5 and 6.

9. OTHER SUPPORTING FACT: 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

Contract Specialist

Approved by:

JULIE M. MORRIS

Contracting Officer

Reviewed by:

THERESA L. HAMPSON

Deputy District Counsel