In accordance with FAR 6.302 and 5.2, this notice advertises the government's intent to award a non-competitive contract to the City of Port Angeles, Peninsula Communications Service (PENCOM) for one base year plus four option years at firm-fixed prices per year. PENCOM provides Olympic National Park after-hours dispatch/emergency communications service per the Memorandum of Understanding signed in 2004, still in effect. PENCOM provides service during the block of time when the Olympic National Park dispatch/communications office is closed. Olympic National Park lacks its own staff, funding, and other resources necessary to maintain its own 24-hour emergency communications operation. Comments and questions regarding this announcement may be directed to Phaedra Fuller, Contracting Officer, at
[email protected]. All comments received before February 28, 2011 will be considered. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for SIMPLIFIED ACQUISITIONS OVER $3,000 AND UP TO $100,000 (See FAR 13.106-1) Date: 01/24/2011 Requisition Number: R9506110001 1. NATURE AND/OR DESCRIPTION OF THE ITEM/SERVICE BEING PROCURED AND ITS INTENDED USE (INCLUDE ANTICIPATED COST): Non-competitive award (base year + four option years) to the City of Port Angeles, for the purpose of paying quarterly invoices for PENCOM services, in effect from 01/01/11 to 09/30/15 (3 quarters in base year FY11, and 4 quarters per year for option years FY12 - FY15). The after-hours dispatch service provided by the City of Port Angeles is unique because the service is provided through a network called PENCOM, which is a 24-hour emergency communications service; a division of the Port Angeles Police Department and operates under the direction of the Chief of Police. FY11 cost is $25,500 plus $34,000 for each option year from FY12-FY15. The aggregate total cost for five years is $161,500. 2. SOLE SOURCE JUSTIFICATION RATIONALE (CHECK ONE AND EXPLAIN BELOW): __x___ Only one responsible source. ______ Urgent and compelling circumstances exist. Include critical delivery or performance dates, and when you became aware of the requirement. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met. ______ Other __________________________________ EXPLAIN: 41 U.S.C. 253(c)(1) AND FAR 6.302-1 ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIREMENTS: PENCOM is funded by most of the law enforcement, fire, and emergency service agencies in Clallam County, Washington, and these agencies make up an advisory board which helps guide the operation of PENCOM. The 16 member agencies are City of Port Angeles Fire and Police, the Clallam County Sheriff, City of Sequim Police, Fire Districts 1, 2, 3, 4, 5, and 6, Lower Elwha Tribal Police, City of Forks Police, La Push Police, Jamestown Fish and Game, Forks Ambulance, Olympic Ambulance, and Olympic National Park. No private sector entity or other public safety dispatch operations are available to provide equivalent services. A Memorandum of Understanding was signed in 2004 by the city of Port Angeles, Clallam County, city of Sequim, Clallam County Rural Fire Department, Lower Elwha Klallam Tribe, Quileute Tribe, and the National Park Service/Olympic National Park (OLYM). The agreement is still valid. Each party pays a portion of cost for receipt of PENCOM services. Annual cost for OLYM is determined by a PENCOM funding formula, which states "Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement member, but in no case lower than $10,000." In accordance with the formula, "The number of full time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. The total is then divided further based on the percentage of calls for service for those agencies that use PENCOM's full services, including the records management system. The base amount is added to the percentage amount for a grand total for each member." Between 2006 and 2010, OLYM paid $10,000 annually. On January 1, 2011, PENCOM raised OLYM's annual rate to $34,000. Using the formula, OLYM's share for fiscal year 2011 is $25,500 ($8,500 per quarter for quarters 2, 3, and 4, from January 2011 to September 2011). OLYM has fiscal year 2011 funds available (to be awarded as the "base year") in the amount of $25,500. The annual cost for fiscal years 2012 through 2015, which will be awarded as option years, will remain fixed in the amount of $34,000 (equal to 4 quarters at $8,500 per quarter each option year). The total price for the base year plus four option years is $161,500. Funds will be obligated in accordance with Principles of Federal Appropriations Law (Red Book), one fiscal year at a time. PENCOM has fifteen communications officers, three supervisors, one communications manager, two IT/computer staff, and one warrant/restraining entry program support staff. PENCOM covers 911 "dispatch" with a minimum of three communications officers (public safety dispatchers) on duty 14 hours a day, 7 days a week. If OLYM were to provide its own after-hours dispatch service, it would require running the same type of 24-hour operation, hiring an additional 2.5 FTE of GS-06 dispatchers at a salary (no benefits) of $30,600 per FTE. Salary alone would cost OLYM approximately $75,000 annually. The total estimate, including salary, benefits, additional utilities, support costs, training to keep up certifications, etc. is approximately $90,000 to $100,000 annually. PENCOM's annual cost of $25,500 for FY11, and $34,000 annually for FY12 - FY15, when compared to what OLYM would spend performing the service in-house, is considered to be fair and reasonable. 3. MARKET RESEARCH. Please explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest: Market research was not conducted because the City of Port Angeles is the only entity set up to provide PENCOM services. PENCOM is networked to several county, state, federal, and Native American entities, and no equivalent system or network exists in the private sector or by a single federal agency. 4. IF THIS IS A DETERMINATION FOR SOLE SOURCE, THE CONTRACTING OFFICER CERTIFIES: a. Only one source is available, or urgent and compelling circumstances exist. b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a). /s/ Colin Smith 02/04/2011 Chief Ranger Olympic National Park /s/ Phaedra R Fuller 02/04/2011Contracting Officer Olympic National Park Over $25,000: /s/ Leo R. Guillory 02/04/2011Assistant Bureau Competition Advocate PWR - Golden Gate National Recreation Area