THIS IS A SPECIAL NOTICE PREPARED IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) SUBPART 5.2 “SYNOPSES OF PROPOSED CONTRACT ACTIONS” NAICS 922120, Police Protection Response Deadline: 01 February 2023 The United States Army Corps of Engineers (USACE) is responsible for managing the project sites under its administration. Providing law enforcement and protective services in a consistent, efficient, and effective manner is a critical component to preserve public order and safety and to protect national interests in natural resources and infrastructure. The U.S. Army Corps of Engineers (USACE), Contracting, Portland District (CECT-NWP) intends to negotiate/award a non-commercial service, Time & Materials (T&M) Labor Hour (LH), single source procurement to the Oregon Department of State Police (OSP). The OSP shall enforce the civil and criminal laws of the State and/or County on the public lands, waters, roads, and trails administered by CENWP. This requirement is for Law Enforcement (LE) patrols at project sites under the Willamette Valley (WVP) and the Rogue River (RRP) Projects within the US Army Corps of Engineers, Portland District (CENWP), see attached PWS Section 5.1 for specific site locations. This contract action will be for a potential total of three (3) years: One (1) mandatory Base Year commencing 01 March 2023 through 28 Feb 2024, with two (2) additional 12-month Option Year periods afterwards. REASON FOR SOLE SOURCE ACQUISITION: The statutory authority for this non-competitive acquisition is 42 U.S.C. 1962d-5d(a), as implemented by FAR 6.302-5, Authorized or Required by Statue. Background: The OSP is the only responsible source that has jurisdiction to enforce the civil and criminal laws of the state of Oregon on the public lands, waters, roads, and trails administered by USACE in the Willamette Valley and Rogue River Basin. OSP deputies have undergone the required training as prescribed by the Oregon State Department of Public Safety Standards and Training. OSP deputies possess the required qualifications and unique authority that other civilian security agencies do not have. The Portland District has a continued need for these services annually. Procurement history indicates that the District has sole sourced these services to OSP each time. Justification: Congress has limited law enforcement capabilities of USACE rangers to issuing citations for violations of regulations rather than violations of law. USACE rangers principally have land management functions with duties related to recreation and natural resources management and do not have citation authority for local, state, and federal laws. Full police authority at USACE projects, including the authority to enforce state and local laws and place persons under arrest, is retained solely by state and local authorities. Congress has authorized USACE to contract with state and local authorities for law enforcement services in limited circumstances. 42 U.S. Code 1962d–5d – Authorization of Secretary of the Army to contract with States and political subdivisions for increased law enforcement services during peak visitation periods; authorization of appropriations, states the following: The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with States and their political subdivisions for the purpose of obtaining increased law enforcement services at water resources development projects under the jurisdiction of the Secretary of the Army to meet needs during peak visitation periods. Consequently, USACE relies on the assistance and cooperation of local and state law enforcement through contracts during peak visitation periods for maintaining public safety and providing law enforcement activities. The OSP has full law enforcement jurisdiction within all counties where services are to be performed. Impact: If this contract is not awarded to the OSP, there will be no law enforcement presence during high peak visitation season at USACE-controlled lands which results in an increased risk to public safety and increased risk of USACE property damage. Alternatives: There are no alternatives to procure these services as only OSP has jurisdiction to enforce the civil and criminal laws of the state of Oregon on the public lands, waters, roads and trails administered by the USACE in the Willamette Valley and Rogue River Basin. The Government intends to solicit OSP directly for this project on or around 02-FEB-2023. Currently, a solicitation does not exist. All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. This is NOT a request for capability statements or indication of competition. If your company disagrees that OSP is the correct security authority, please provide evidence supporting your opinion with your capability statement. *NO PHONE INQUIRIES, PLEASE. CAPABILITY STATEMENT SUBMISSION REQUIREMENTS (PLEASE REVIEW ALL BELOW) Responses to this Notice must be submitted electronically (via email) SUBJECT: ‘OSP LE Patrols for CENWP’ to
[email protected]. A Firm’s response to this shall be limited to (5) pages total, including cover page, and shall include the following information: Firm’s name, address, point of contact, phone number, email address, CAGE code and SAM number; Firm’s small business category and Business Size: Large Business, Small Business, Small Disadvantaged, 8(a) certified small business, Historically Underutilized Business Zone small business (HUBZone), Woman owned small business (WOSB), Economically Disadvantaged Women-owned small business (EDWOSB), and Service-Disabled Veteran-owned small business (SDVOSB); Provide relevant and verifiable information on the Firm’s experience/capabilities as it pertains to the proposed requirement; Evidence supporting your Firm’s opinion that OSP is not the correct authority; and, Any questions you have on the proposed project. This notice does not obligate the Government to award a contract. No reimbursement will be made for any costs associated with providing information in response to this Notice or any follow-up information. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or to provide feedback to respondents with respect to any information submitted. After a review of the responses, a solicitation may be published in the Government point of entry (SAM.gov). All interested firms must be registered in the System for Award Management (SAM) and remain current for the duration of the contract to be eligible for award of a Government contract.