JOFOC Med share 012326.pdf

U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office

U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

Justification for Other than Full and Open Competition (JOFOC)

FMC Fort Worth

Pursuant to the Federal Acquisition Regulations (FAR) Subpart DEVIATION 6.103-1(b), the Federal Bureau of Prisons (BOP) has determined the procurement of Mobile Xray services for the Federal Medical Center (FMC), (hereinafter referred to as “institution”), located in Fort Worth, Texas, 76119 meets the criteria for other than full and open competition. The agency has further determined that only one responsible source is capable of providing these services, and that awarding the contract to this source is necessary to prevent serious injury, financial loss, or other significant harm to the Government. This limitation on competition is justified as follows:

1. FAR DEVIATION 6.104-1(a)(1): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

Agency: Department of Justice

Contracting Activity: Federal Bureau of Prisons FMC Fort Worth 3150 Horton Road Fort Worth, TX 76119

This document is a Justification for Other Than Full and Open Competition (JOFOC).

2. FAR DEVIATION 6.104-1(a)(2): Nature and/or description of the action being approved.

This action seeks approval for the acquisition and continuation of the Mobile Xray services with Med-share, Inc. As the incumbent contractor, Med-share, Inc. has agreed to continue providing these services based on need and rates will be similar to its prior contract rates, through monthly Firm-fixed-unit-price purchase orders until a new contract can be competitively awarded. This interim acquisition is essential to maintain uninterrupted services for the inmate population pending award of a new contract.

The Field Acquisition Office (FAO) is actively pursuing the solicitation of the Mobile Xray services contract. The request for a new contract action is currently pending for solicitation and eventually award for a new contract, further justification for other than full and open competition will no longer be necessary.

FAR DEVIATION 6.104-1(a)(3): A description of the supplies or services required to meet the agency’s needs (including the estimated value).

As part of the mission of the institution, the Mobile Xray services are provided to the AIC population. These services are determined essential to the Federal Medical Center.

Due to the urgent nature of Mobile Xray services to support the medical department, any delay in contract award would disrupt the provision of security and to timely medical care of and is incompatible with agency needs.

The proposed period of performance is October 1, 2025, through January 30, 2026, with an estimated total cost of $55,000.00.

FAR DEVIATION 6.104-1(a)(4): An identification of the statutory authority permitting other than full and open competition.

The authority for this action is granted under 41 U.S.C. § 3304(a)(1), as implemented by FAR DEVIATION 6.103-1, allowing for award to “Only One Responsible Source” when no other supplies or services meet the agency’s requirements. Specifically, FAR

6.103 (b) provides for the applicability of this authority in situations “when the supplies or services required by the agency are available from only one responsible source.”

FAR DEVIATION 6.104-1(a)(5): A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

While the request for contract action is pending solicitation and award, guard services is critical. The immediate availability of this service is crucial to prevent any disruption in delivery of necessary guard services and to ensure the orderly operation of the institution.

The Government has determined that it is in its best interest to continue utilizing the services of Med-share, Inc., which can provide the required services without delay. Med-share, Inc., and their network providers meet the institution’s needs. The company has provided services to the institution for over five years through an established network of these particular services.

6. FAR DEVIATION 6.104-1(a)(6): A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by Part 5 and, if not, which exception under Part 5 applies.

A notice will be publicized as required by part 5.

7. FAR DEVIATION 6.104-1(a)(7): A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Med-share, Inc. has agreed to continue providing services at rates consistent with the Option Year Four (4) of contract 1B50920D00000001, which were established under competitive conditions and deemed fair and reasonable by FAR DEVIATION 15.404- 1(b)(1).

The Contracting Officer (CO) has analyzed the current market trend by comparing the Option Year Four (4) rates against historical prices paid for the same services in accordance with FAR DEVIATION 15.404-1(b)(2). Curren rates and the historical prices paid for the same services have been determined to be fair and reasonable. Continuing services with Med-share, Inc., during this interim period is in the Government’s best interest.

8. FAR DEVIATION 6.104-1(a)(8): A description of the market research conducted, and the results or a statement of the reason market research was not conducted.

Market research has not been conducted for the provision of Mobile Xray services but will be part of the new solicitation and award.

FAR DEVIATION 6.104-1(a)(9): Any other facts supporting the use of other than full and open competition.

No additional supporting facts are identified.

FAR DEVIATION 6.104-1(a)(10): A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources with the ability to provide services immediately with no lapse in service have expressed written interest in this acquisition.

FAR DEVIATION 6.104-1(a)(11): 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.

This interim acquisition is necessary pending solicitation and award of a new contract award.

The subsequent requirement has been publicly advertised via the Government-wide point of entry. Experience indicates that a single source provider is currently most beneficial to the Agency and Adult-in-custody population. Once the new contract is competitively awarded, justification for other than full and open competition will no longer be required.

FAR DEVIATION 6.104-1(a)(12): Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

In accordance with FAR 6.104-1(a)(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of planning, or a desire to expend funds while those funds are still available.

Submitted by:

Gennie Derequito Contracting Officer Field Acquisition Office