JOFOC_Oakland,_CA_07122019_1_7.12.19__additional.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Located within OAKLAND, CALIFORNIA (Alameda County)

Contract Number 15BRRC19D00000248

1. Agency:

The United States Department of Justice, 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 Federal Bureau of Prisons (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 August 1, 2019 through October 31, 2019.

The estimated cost for services provided by Cornell Companies, Inc. (GEO Group, Inc.) for three months at $107.65 @65 beds is $650,744.25.

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 65 male and female federal offenders and provides home confinement services for male and female federal offenders.

The Bureau has utilized the six-month period available under Contract DJB200948 in accordance with FAR 52.217-8 Option to

Extend Services. The current bridge contract will expire July 31, 2019.

The replacement solicitation, Request for Proposals (RFP) RFP-200-1769-WS was issued for services within the city limits of Oakland, California (Alameda County) and proposals were received.

Due to the delay by the government caused by multiple discussions on the following dates (May 3, 2019, June 3, 2019, June 14, 2019, and a pending discussion on July 10, 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. The current bridge contract will expire on July 31, 2019 a new bridge contract must be established to continue services to support RRC Oakland, California (Alameda County).

The bridge contract will provide services for a three month extension period.

From a technical standpoint, Cornell Companies, Inc. (GEO Group, Inc.) is providing the services required by the Bureau. The Oakland Residential Reentry Manager’s Office and the RRMB determined that Cornell Companies, Inc. (GEO Group, Inc.) can provide the required services at the required quantity in Oakland, California (Alameda County) by the performance start date of August 1, 2019. The Contracting Officer has reviewed all of the documentation and agrees Cornell Companies, Inc. (GEO Group, Inc.)

is able to continue providing services without risk to the community and to the Bureau by August 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 once personnel are authorized to return to work 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 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

Behavioral Systems Southwest, Inc.

Riverside, CA RRC DJB200192 10/01/2018 – 9/30/2019

$97.00

Working Alternatives, Inc.

Garden Grove, CA RRC

15BRRC18D00

000129

7/1/2019 – 8/31/2019

$129.68

GEO Care, LLC Sacramento, CA RRC 15BRRC18D00 00010

11/1/2018 – 10/31/2019

$72.49

8. Description of the market survey conducted:

Request for Proposal (RFP) RFP-200-1769-WS 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-200-1769-WS 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 Companies, Inc. (GEO Group, Inc.) 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