JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 6.302-2(a)(I) and (b)(I) and (2), and the Bureau of Prisons Acquisition Policy (BPAP) Part 6.304(a), the Federal Bureau of Prisons (BOP) has determined that the procurement of emergency medical services for the Federal Correctional Complex (FCC) in Bruceton Mills, West Virginia, meets the criteria established for other than full and open competition. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau ofPrisons Federal Correctional Complex Hazelton

2. Nature and/or description of the action being approved:

The action is for the purchase of various community-based emergency medical services for the inmate population at FCC Hazelton. West Virginia University Hospital aka WVU Hospital VB250041 , totaling $60,000.00 for February I, 2020 to February 29,2020.

3. Description of supplies or services required to meet the agency's needs (including the estimated value):

As part of the mission ofFCC Hazelton, emergency medical services are provided to the inmate population. When a medical need arises which cannot be provided within the prison walls by BOP staff, referrals are made to community-based medical providers. The immediate availability of community-based health care is critical to the orderly operation of FCC Hazelton.

4. Statutory authority permitting other than full and open competition:

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This j ustification is being submitted for approval in accordance with 41 U .S.C. Sec. ( c)(2)and FAR5.302-2(a)( I) and (2).

Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

Due to the expiration of the current contract for the provision of community-based health care, FCC Hazelton must continue to offer medical services to the inmate population. Since WVU Hospital is the incumbent contractor, their network of medical providers has been treating FCC

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Hazelton inmates for many years. For continuity of medical care, it is in the best interest of FCC Hazelton to continue to utilize WVU Hospital for medical services. Any disruption of medical services would be detrimental to the operation of FCC Hazelton.

Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and: if not. which exception under 5.202 applies:

In accordance with FAR 5.202(a)(2), the proposed contract action is made under the conditions described in FAR 6.302-2, Unusual and Compelling Urgency. An unusual and compelling urgency precludes full and open competition and delay of a contract award would result in serious injury, financial or other, to the Government if the agency complies with the time periods specified in FAR 5.203. Therefore, due to the urgent nature of this procurement action, a synopsis notice was not required.

A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

The contracting officer has determined that the anticipated cost to the Government will be fair and reasonable based on review of prices available for similar services currently being provided.

A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Based on the urgency and importance of providing the basic medical services to support the operations of FCC Hazelton, it was determined that a market survey was not feasible due to time limitations.

Any other facts supporting the use of other than full and open competition:

As part of the overall mission, FCC Hazelton is to provide basic and emergency health care.

Therefore, it was in the best interest of the Government to procure these services from a vendor who can provide the ser;vices immediately. Any delay in providing the medical services to FCC Hazelton would severely disrupt the orderly operation of the institution.

List of sources, if any, that expressed, in writing, an interest in the acquisitions:

Due to the urgency of this acquisition, there were no other sources contracted.

l I . A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

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The acquisition of these services is necessary pending the award of a comprehensive medical contract. Once the new contract is awarded, medical services acquired from a sing le source without competition will not be necessary.

Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

I hereby certify that the request for approval of this justification for other than full and open competition is made in good faith. The supporting data and information is accurate and complete to the best of my knowledge, and I would not be making this request if it wou ld have been feasible to fully compete these requirements according to the Federa l Acquisition Regulation. I further certify that this request is not the result of a lack of advance procurement planning.

Supervisory Contract Specialist