WDFW Law Enforcement Patrols

Control No. 16-0053 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-price commercial single-source requirement to the Washington State Department of Fish and Wildlife for the Walla Walla District, U.S. Army Corps of Engineers. This requirement is being funded by Operation and Maintenance (O&M). This Period of Performance dates are 1 July 2016 through 30 June 2017. 3. DESCRIPTION OF SERVICES: This action is to procure law enforcement services for increased patrols on Corps properties during periods of peak visitation. The work area includes Corps-administered lands and waters within Asotin, Garfield, Columbia, and Whitman Counties. The principal areas covered by this contract are the recreation, visitor access sites, and Habitat Management Units on Lower Granite Lake, Lake Bryan, Lake Herbert G West, and the lakes themselves. The estimated cost is on file at the contracting office. 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 the Washington Department of Fish and Wildlife (WDFW) in the past (see Award Nos. W912EF-09-P-0144, W912EF-10-P-5056, W912EF-11-P-5072, W912EF-12-P-5070, W912EF-13-P-5060, W912EF-14-P-5069, and W912EF-15-P-5066). This agency patrols within Asotin, Garfield, Columbia, and Whitman Counties (WA) and has authority to arrest and detain 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 10, Chapter 10.93, Section 10.93.020, Article 1, states that general authority is given to a Washington peace office to enforce the criminal laws of the state of Washington generally. (3) 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 . . . . " and Wildlife. (4) RCW Title 77, Fish and Wildlife - State of Washington code for the Washington Department of Fish and Wildlife. (5) RCW Title 77, Chapter 77.75, Section 77.75.070, Wildlife Violator Compact - Established. Article III, Procedures for Issuing State speaks to arresting authorities and procedures of Fish and Wildlife personnel while protecting persons, property, fish, and wildlife. 6. EFFORTS TO OBTAIN COMPETITION: Previously, requirements for the same type of service were published as a Notice of Intent to Make a Single-Source Award. No expression of interest was received. The 2016 requirement will also be published on FedBizOpps. 7. FAIR AND REASONABLE COST DETERMINATION: The WDFW was contacted to determine how they calculate their hourly rate for these patrol services. The law enforcement patrols will be performed by officers who have a collective bargaining agreement with the Washington Federation of State Employees. Lana Murry has requested a copy of the agreement. The WDFW stated that they will use their wage scale, plus an amount to cover their vehicle/vessel use and maintenance. A price analysis will be conducted by comparing prices paid for the same service under previous contracts. 8. MARKET RESEARCH: See paragraphs 5 and 6. 9. OTHER SUPPORTING FACTS: 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 CERTIFICA ION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Prepared by: LANA J. MURRY Purchasing Agent Approved by: MORRIS.JULIE. Digitally sig MORRIS.JUL DN: c=US, o ou=PKI, ou= M.1379632412 cn=MORRIS JULIE M. MORRIS Contracting Officer