Approved_JOFOC_-_FBO_posting.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

U.S. Medical Center for Federal Prisoners, Springfield, MO Comprehensive Medical Services

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2 and Federal Bureau of Prisons Acquisition Policy (BPAP) 6.304(d), the Federal Bureau of Prisons (BOP) has determined the need of comprehensive medical services for the U.S. Medical Center for Federal Prisoners, (USMCFP), hereinafter referred to as USMCFP Springfield located in Springfield, MO, meets the criteria established for other than full and open competition.

This limitation of competition is justified in accordance with FAR Part 6.303-2, Content, with the following supporting information provided:

1. Agency:

This document will serve as the justification for other than full and open competition for the procurement of comprehensive medical services. Services will be obtained and utilized at the Federal Bureau of Prisons, USMCFP Springfield, located at 1900 W.

Sunshine Street, Springfield, Missouri.

2. Nature/Description of action being approved:

The action to be approved is an unusual and compelling urgency procurement under other than full and open competition procedures for continued community and institution based comprehensive medical services with Mercy Hospital for federal offenders housed at USMCFP Springfield. Award of an interim contract to Mercy Hospital would fill the gap between the expiration of the current contract and a new contract awarded based on competitive procedures by the Field Acquisition Office (FAO). Delay in award of an interim contract to Mercy Hospital would result in serious injury to the Government. The proposed performance period will be from March 1, 2018, through February 28, 2019, or until a new contract is awarded and will be subject to the availability of funds per FAR 52.232-18.

3. Description of services and estimated value:

The USMCFP Springfield has a unique medical mission where we provide comprehensive medical services to a diverse and dynamic inmate population for the Bureau of Prisons. When a medical need arises, which cannot be provided for at the institution by Federal Bureau of Prisons staff, referrals are made to community-based medical providers. The immediate availability of community-based health care is critical to the orderly operation of USMCFP Springfield. Mercy Hospital is located within a 10 mile radius and is already providing comprehensive medical services to USMCFP Springfield and have for over 15 years . This contract action would be to continue comprehensive medical services with Mercy Hospital until a new contract is competitively awarded by the FAO. It is anticipated there will be a 12 month performance period with an estimated total cost of .

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

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)-{2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

Specifically, FAR 6.302-2(b)(2) provides for the applicability of this authority in situations where "delay in award of a contract would result in serious injury, financial or other, to the Government."

5. Demonstration that the nature of the acquisition requires use of the authority cited:

Services under the current comprehensive medical contract, DJBP041400000035, including the six month extension as authorized by the contract will expire on February 28, 2018. The FAO is in the pre-award phase of the new five year contract which will not be awarded by the above expiration date. The delay in the award of the new five year contract is based on unforeseen litigation that significantly delayed impacted contract actions for comprehensive medical services, including USMCFP Springfield, until the spring of 2017. Once all legal matters had been resolved, FAO communicated with staff at USMCFP Springfield to finalize all documents within the RCA. However, due to the increased complexity of the medical requirement at USMCFP Springfield, this process took longer than the standard time frame for such contracts. Additionally, recent changes to the facility's requirements have further caused delay. FAO and staff at USMCFP Springfield have worked diligently to ensure all documents are correct and the acquisition is now moving forward.

In order to maintain continuity of medical care for the diverse inmate population, it is in the best interest of USMCFP Springfield to continue to utilize Mercy Hospital for comprehensive medical services rather than cause delay and disruption waiting for the new contract to be competitively awarded, leading to serious injury to the institution, as it would greatly impact our medical mission; patient care for the entire Bureau of Prisons; and would cause operational disruptions in the medical pipeline.

Specifically, USMCFP Springfield is an Administrative medical facility housing all security and custody levels for the Bureau of Prisons (BOP) where we provide a unique mission. 1) USMCFP Springfield is the chosen medical referral center for high, MAX and ADX security inmates to receive medical treatment.

2) USMCFP Springfield has the largest long-term care unit for the BOP .

Mercy Hospital is located within a 10 mile radius . 3) USMCFP Springfield has the largest dialysis center in the United States where routine nephrology consultant visits and immediate access to interventional radiology for line placement is required. 4) USMCFP Springfield is one of three Medical Reference Laboratories (MRL) for the BOP providing laboratory testing for the Northeast and Southeast BOP facilities. Mercy provides a certified pathologist to serve as the MRL's Laboratory Director overseeing all laboratory operations. An interim award to another vendor would not only disrupt inmate medical care but it would cease laboratory operations until a new laboratory director was identified and accreditation regulations completed disrupting multiple regions.

6. Efforts made to solicit from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart

5.2 and, if not, which exception under FAR 5.202 applies:

In accordance with 5.202(a)(2), this contract action is determined to be an unusual and compelling urgency thereby precluding competition to the maximum extent practicable.

Failure to award to Mercy Hospital for comprehensive medical services for an interim period of one year would result in serious injury to the Government as described in Section 5 and therefore is determined exempt from the synopses of proposed contract action requirement.

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

Mercy Hospital is currently providing comprehensive medical services to USMCFP Springfield. All provider credentialing and background clearances have been completed, as well as approved telehealth equipment. Mercy Hospital has agreed to continue services under the same rates, terms/conditions of the current contract that was originally synopsized, determined fair and reasonable and awarded on a competitive basis in 2012. These rates have been evaluated by the Contracting Officer and the Health Services Administrator and continue to be deemed as fair and reasonable. It has been determined to be in the best interest of the Government to continue services with Mercy Hospital during this interim period until a new contract can be awarded on a competitive basis.

8. Description of market research:

Market research was conducted for the competitive acquisition currently being processed by the FAO and will result in a competitive solicitation. Market research for this interim contract was not conducted based on the requirement to maintain continuity of services without delay or disruption to the medical mission of the institution which affects the entire BOP as we provide services to a diverse and dynamic inmate population as described in section 5.

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

Mercy Hospital has provided comprehensive medical services to our institution for more than 15 years. Their providers are very familiar with the various types of services required by our institution. USMCFP Springfield as a Medical Referral Center has over 200 inmates at all times that are here under Length of Stay (LOS) classification. These inmates are solely here for a short duration while care is provided. Care is usually orthopedic, rehabilitation, and/or prosthetic. An Interim award to another vendor would delay the BOP medical pipeline, interrupt established plan of care and cause a significant delay in care.

FAO was required to delay action on this Request for Contract Action (RCA) due to litigation which affected all contract actions for comprehensive medical services. Once all legal matters had been resolved, FAO began communicating with staff at USMCFP Springfield to finalize all documents within the RCA. As noted above, due to the increased complexity of the medical requirement at USMCFP Springfield, this process takes longer than the normal time period for such requirements. FAO and staff at USMCFP Springfield have worked diligently to ensure all documents are correct and the acquisition is moving forward.

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

There are no other sources reasonably available that would be able to provide services during this interim period due to the time frame required.

11. Action taken, if any, to remove or overcome any barriers to competition:

The acquisition of these services is necessary pending the award of a comprehensive medical contract. Currently, the FAO is competing the requirement for the USMCFP Springfield. As supported in this document, our experience indicates that a single source provider for comprehensive medical services is beneficial to the agency and the inmate population we serve. Once the new contract is competitively awarded, further justification for other than full and open competition will not be necessary.