SSJ.pdf

Control Number: CESPA-SAP-14-0005

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency:

Department of the Army Albuquerque District, Corps of Engineers 4101 Jefferson Plaza, NE Albuquerque, NM 87109-3435

2. Description of Action:

Approval is being requested to award a new contract for Law Enforcement Services for USACE Santa Rosa Lake, NM and to waive the requirements for competition and synopsis of proposed contract action per FAR Part 6.

3. Description of Supplies/Services required to meet the agency’s needs:

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform law enforcement services by state certified Peace Officers to support the Santa Rosa Lake Project, as a flood damage reduction facility operated by the U.S. Army Corps of Engineers, Albuquerque District, which provides provides recreation activities for public use. This requirement is pursuant to the authority contained in Section 120 of the Water Resources Development Act of 1976 (Public Law 94-587), as updated by Public Law 96-536, and 10 U.S.C. 2304 (c) (5).

4. Authority Cited:

The statutory authority permitting this procurement is 10 U.S.C. 2304(c) (1), FAR 6.302-1 only one responsible source and no other supplies or services will satisfy agency contract requirements.

5. Reason for Authority Cited:

The Guadalupe County Sheriff’s Department is the only responsible department or agency as they are the only responsible source available that can provide law enforcement by certified Peace Officers to support the Santa Rosa Lake Project, and no other supplies or services will satisfy contract requirements.

6. Efforts to Obtain Competition:

While the New Mexico State Police (NMSP) offer certified Peace Officers, the extremely large geographical area of the district precludes their department/district from being able to adequately meet the requirements of the contract services. The

NMSP cannot meet the demands at the Santa Rosa Lake Project in a timely manner.

The NMSP has repeatedly expressed their objections into entering into service contracts with Corps projects. It is also very dangerous for the park staff to have inadequate response time or no response at all from certified law enforcement officers. The Guadalupe County Sheriff’s Department has provided USACE quality service at reasonable rates in previous acquisitions. The City of Santa Rosa Police Department does not have jurisdiction to perform law enforcement services for the Santa Rosa Lake as it is located outside of city limits.

7. Determination by the Contracting Officer that the Anticipated Cost to Government will be Fair and Reasonable for services.

The Guadalupe County Sheriff’s Department previously provided law enforcement services to Santa Rosa Lake, and the previously contracted amounts were fair and reasonable as compared to law enforcement services provided to other USACE lake project offices from other New Mexico counties. The determinant amount is comparable to what law enforcement agencies charge, based upon a utilization and operations hourly rates which also takes into account, vehicle maintenance and repairs. The services provided under previous contracts with The Guadalupe County Sheriff’s Department fully met agency needs, and other than The Guadalupe County Sheriff’s Department, there are no other viable options.

8. Market Research:

The Albuquerque District has a continuing need for Law Enforcement Services at 6 of their lake project offices. Inquiries with the state police departments are continually made to determine their interest in contracting with USACE, and they consistently respond that they are unable to meet our needs and do not desire to participate in USACE service contracts. In 2013, a law enforcement services contract was advertised to the public for the Conchas Lake project, which is approximately 60 miles from Santa Rosa Lake, and no responses were received. The ability and official authority to provide law enforcement services limits the available contractor sources to only the county and state law enforcement entities.

9. Interested Sources: The Guadalupe County Sheriff’s Department is the only interested source.

10. Other Facts:

Law Enforcement must be carried out by state certified officers usually employed by government entities; therefore, commercial companies cannot provide these services.

There are only a limited number of agencies or departments with arrest authority.

11. Technical & Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ___________________________________________________________ Gary L. Cordova, Santa Rosa Lake Project Manager Date: 29 May 2014

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable, as The Guadalupe County Sheriff’s Department has provided fair and reasonable pricing as compared to other law enforcement agencies currently providing law enforcement services for the USACE Albuquerque District. Per FAR 15.403-1(a), certified cost or pricing data will not be required as this requirement is not expected to exceed the Simplified Acquisition Threshold.

Stephanie N. Parra, Contracting Officer Date: 29 May 2014

13. Contracting Officer Certification & Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing justification, I hereby approve the procurement of law enforcement services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), FAR 6.302-1 only one responsible source and no other supplies or services will satisfy agency contract requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Contracting Officer Date: 29 May 2014