A.03.21_Sole_Source_Justification.pdf

Control No. 18-0063

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 the Umatilla County Sherriff Office for the Walla Walla District, U.S. Army Corps of Engineers. The Period of Performance is May 18, 2018 through September 10, 2022.

3. DESCRIPTION OF SERVICES: This action is to procure supplementary law enforcement services on Corps-administered lands and waters. The estimated cost is $218,400.00.

4. AUTHORITY CITED:

FAR 13.501(a)(2) Sole source (including brand name) acquisitions (2) Justifications and approvals are required under this subpart only for sole source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion. (i) For a proposed contract exceeding $150,000, but not exceeding $700,000, the contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

5. REASON FOR AUTHORITY CITED:

a. BACKGROUND:

The US Army Corps of Engineers has procured similar services from the Umatilla County Sherriff Office for many years. This entity patrols within Umatilla County 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) Oregon Rev. Statute § 206.010

"The sheriff is the chief executive officer and conservator of the peace of the county.

In the execution of the office of sheriff, it is the sheriff's duty to:

(1) 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 Umatilla County Sherriff Office 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.

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:

Digitally signed by MOORE.BROOKE.N.1500812849

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 00812849

Brooke Moore Contract Specialist

Approved by:

ou=USA, cn=MOORE.BROOKE.N.1500812849

Date: 2018.04.10 09:50:46 ‐07'00'

Digitally signed by

EDWARDS.SARA.JANE.1245134009

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ANE.1245134009

Sara Edwards ou=USA, cn=EDWARDS.SARA.JANE.1245134009 Date: 2018.04.10 09:48:40 ‐07'00'

Contracting Officer

Reviewed by:

MOORE.BROOKE.N.15

EDWARDS.SARA.J

Evan Carden Assistant District Counsel