JOFOC Newark - Approved_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Newark, New Jersey

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 Newark , New Jersey meets 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 male and female Federal offenders located in Newark , New Jersey .

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

RRC services located in Newark , New Jersey for the period of November 1 , 2019 through January 31 , 2020 .

A new contract numbered 15BRRC20D00000268 with an estimated amount of will be issued to Community Education Centers , Inc . (CEC) .

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:

Contract 15BRRC19D00000163 requires services for a maximum of 96 male offenders and 26 female offenders . A maximum of 77 male offenders and 21 female offenders will be housed in the facility and a maximum of 19 male offenders and 5 female offenders will be placed on home confinement. The current contract will expire on October 31 , 2019 .

Contract 15BRRC20D00000262 (in response to RFP- 200 - 1360- ES) for RRC services and home confinement services in Newark , New Jersey was awarded to The Kintock Group , Inc . (Kintock) on October 11 , 2019 . Under the terms of the contract , contractors are allowed 120 days after award to prepare the proposed facility for operational availability . Kintock has waived this 120- day period and agreed to commence performance on February 1 , 2020 .

Based on the gap in services between October 31 , 2019 and the start of performance of contract 15BRRC20D00000262 , a Request for Contract Action was submitted to RRC for three months for the period beginning November 1 , 2019 .

From a technical standpoint , CEC is providing the services required by the Bureau .

t The Contracting Officer has reviewed all of the documentation and agrees . CEC is able to continu~ 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 closest fac i lities under contract with the Bureau are located in Brooklyn and Bronx , New York .

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 , transferring the offenders to another facility or returning the offenders to a secure institution for the three - month period requested in this justification would cause serious harm to the mission of the Bureau and would be a disruption to the inmate ' s reentry programming . Offenders transferred to another facility may be unable to search for suitable housing or employment and/or face a loss of employment due to lack of transportation . Offenders returned to an institution are unable to move within the communit y and will be unable to search for suitable housing or employment or may face a loss of employment .

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 governmentwide point of entry (GPE):

Based on the urgent requirements of these services , the exception at FAR 5 . 202 (a) ( 2) applies , therefore ; a notice was not published in the GPE .

Therefore , a new contract for a three - month period is required prior to the e xpiration of contract 15BRRC19D00000163 on October 31 , 2019 .

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 .

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8. Description of the market survey conducted:

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:

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

It currently takes the Bureau approximately 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.

Stefanie Skroch Contracting Officer Residential Reentry Contracting

Date

Concurrence:

Michael Bodine, Chief Residential Reentry Contracting

Catherine S . Scott , Acting Chief Procurement Management Branch

Acting Procurement Executive

APPROVAL OF JUSTIFICATION:

Assistant Directo for Administration/Competition Advocate