A.3.6.1_Justification_for_Other_than_Full_and_Open_Competition~.pdf

Control No. 17-0043

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 Clearwater 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 15 May 2017 through 31 October 2017.

3. DESCRIPTION OF SERVICES: This action is to procure supplementary law enforcement services on Corps-administered lands and waters within the County of Clearwater. The principal areas covered by this contract are recreation and visitor access sites at Dworshak Reservoir, and on the waters of the lake itself. The estimated cost is $17,000.00.

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 Clearwater County (Idaho) in the past (see Award Nos. W912EF-09-P-0109, 10-P-5027, 11-P-5046, 13-P-5058, 14-P-5054, 15-P-5055, and 16-P-5039). This agency patrols within Clearwater County and has the statutory jurisdiction and authority to cite, detain, and arrest 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 within the state of Idaho shall enforce and make arrests.

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. A Notice of Intent will be posted to FBO for this requirement as well.

7. FAIR AND REASONABLE COST DETERMINATION: The Clearwater County Sheriff’s Department was contacted to determine how they calculate their hourly rate for these patrol services. They will use their wage scale, plus an estimated amount to cover their vehicle/vessel use and maintenance to determine their price quote. The prices quoted by Clearwater County under this action are comparable to those quoted by the Boise County, Idaho, 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