JOFOC Oakland, CA 10082019_Redact 2.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Located within OAKLAND, CALIFORNIA (Alameda County)

15BRRC20D00000267

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Procurement Management Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2(b)(1) and (2), the Bureau has determined the need for RRC services located in Oakland, California (Alameda County) met the criteria established for other than full and open competition.

This limitation of competition is justified in accordance with FAR Subpart 6.303-2, Content.

The action to be approved is for a contract to provide RRC services under other than full and open competition procedures for continued RRC services for Federal offenders located in Oakland, California (Alameda County).

3. Description of the Services Required to Meet the Agency Needs:

RRC services located in Oakland, California (Alameda County) for the period November 1, 2019 through January 31, 2020. This is a new contract 15BRRC20D00000267.

The estimated cost for services provided by Cornell Companies, Inc. (Cornell), a subsidiary of the GEO Group, Inc., for three months at $107.65 @65 beds is $643,747.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

Other than full and open competition is based on the authority of 41 U.S.C. 3304(a)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The facility located in Oakland, California (Alameda County) currently houses 55 males and 10 females federal offenders and provides home confinement services for male and female federal offenders. The current bridge contract will expire on October 31, 2019.

The replacement solicitation, Request for Proposals (RFP) 15BRRC18R00000011 was issued June 1, 2018 for services within the city limits of Oakland, California (Alameda County) and one proposal were received. The Bureau anticipates awarding a five-year contract to Cornell for service by October 31, 2019.

Due to the delays by caused by multiple rounds of discussions on the following dates (May 3, 2019, June 3, 2019, June 14, 2019, July 10, 2019, FPR August 23, 2019, and the Final Technical Evaluation August 28, 2019) and various issues encountered during the evaluation process, the evaluations have not been completed for the replacement contract, and a new contract cannot be awarded.

In addition, more time is required to complete background checks for the contract staff, for the Pre Occupation Inspection to be completed, and to provide the contractor 92 of the 120 days stated in the solicitation to prepare for the start of performance of the contract. As a result, the estimated time requested to start contract performance is February 1, 2020. The current bridge contract will expire on October 31, 2019. A new bridge contract must be established to continue services to support the RRC in Oakland, California (Alameda County). The bridge contract will provide services for a three month period.

From a technical standpoint, Cornell is providing the services required by the Bureau. The Oakland Residential Reentry Manager’s Office and the Residential Reentry Management Branch determined that Cornell can provide the required services at the required quantity in Oakland, California (Alameda County) by the performance start date of November 1, 2019. The Contracting Officer has reviewed all of the documentation and agrees Cornell is able to continue providing services without risk to the community and to the Bureau by November 1, 2019.

The services required are of an unusual and compelling urgency due to the Bureau’s essential need. If services could not be provided at this location, the Bureau had two options: Transfer offenders to another RRC to continue receiving services or return the offenders to a secure institution.

The mission of the reentry program is to assist federal offenders during the transition from prison to the community by providing services which include self-improvement opportunities as well as assistance to secure employment and locate a permanent residence after their program is complete. Offenders are typically assigned to a RRC near the location where they will eventually be released. The Bureau contracts with these RRCs to provide assistance to inmates who are nearing release from federal custody. RRC placements provide a safe, structured, supervised environment in the individual’s community, as well as assistance, drug treatment, and other reentry programs and services. RRCs help inmates gradually rebuild their ties to the community and supervise their activities during this community readjustment period. Therefore, returning the offenders to a secure institution would cause serious harm to the mission of the Bureau and would be a disruption to the inmate’s reentry programming.

Relocating offenders does not support the overall mission of the Reentry Services Division or the Bureau in the attempt to re-integrate the offenders into society as law abiding citizens.

6. Efforts made to solicit from as many sources as practicable, including whether or not a notice was published in the Government Point of Entry (GPE):

Based on the urgent requirements of these services, the exception at FAR 5.202(a)(2) applies. The urgency of this requirement did not allow adequate time to solicit from other sources, therefore a notice was not published in the GPE.

7. Contracting Officer’s determination that cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on a comparison of current Government contract prices for RRC services.

Contractor’s Name

Location/Area of Services

Type of Svcs

Contract Number

Date of Performance

Rate

GEO Reentry, Inc. San Francisco, CA

RRC/HC DJB200264 Option Year 3 04/01/2019 – 03/31/2020

$104.61/ 52.30

Working Alternatives, Inc.

Brawley, CA RRC/HC

15BRRC19D00

000210

Base Year 10/1/2019 – 9/30/2020

$128.00/ $64.00

GEO Reentry, Inc. El Monte, CA RRC/HC 15BRRC19D00 000230

Base Year 10/1/2018 – 10/31/2019

$105.00/ $52.50

8. Description of the market survey conducted:

RFP 15BRRC18R00000011 was issued to cover similar services, but, due to unforeseen circumstances to include the continued discussions, the Bureau has not yet been able to competitively award the solicitation. The market survey that was conducted in the solicitation process for RFP 15BRRC18R00000011 for RRC and Home Confinement services for male and female federal offenders held under the authority of the United States Statutes located in Oakland, California (Alameda County) is applicable to the JOFOC.

9. Other facts supporting the use of other than full and open competition:

N/A.

10. List of sources, expressing in writing, interest in the acquisition:

Cornell provided an e-mail expressing interest to continue providing RRC services.

11. Actions taken by the agency to remove or overcome barriers to competition:

It currently takes the Bureau approximately up to 18 months to award a RRC contract; therefore there was no time to solicit for services for such a short period of time.

12. Contracting Officer’s Certification:

I certify that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

Submitted By:

Melanie Kynard Date Contracting Officer Residential Reentry Contracting

Concurrence:

Michael Bodine, Chief Date Residential Reentry Contracting

Catherine S. Scott, Acting Chief Date Procurement Management Branch