JOFOC__2_NEBRASKA_-_Final_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Located in Western Nebraska Within the Boundaries of Hall, Adams or Buffalo Counties

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 in the Western Nebraska area 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, with the following supporting information provided:

1. Agency:

The United States Department of Justice, Bureau, Administration Division, Acquisitions Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

The action to be approved is an unusual and compelling urgency procurement under a JOFOC for continued RRC services for Federal offenders in the Hastings, Nebraska area.

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

The intent is to issue a contract to Western Alternative Corrections, Inc., (WAC) under unusual and compelling urgency for a six month base-period and three two-month option periods from November 1, 2014 through October 31, 2015. Contract DJB200210 was awarded to WAC under JOFOC procedures on July 30, 2014 with a three month base-period with performance beginning on August 1, 2014. The current JOFOC contract will expire on October 31, 2014.

A Request for Contract Action (RCA) was submitted on October 21, 2014 to the Residential Reentry Management Branch (RRMB) to allow for services to continue uninterrupted for the contract period from November 1, 2014 through October 31, 2015.

The current (incumbent) facility in Hastings, Nebraska is essential to providing RRC services for 25 federal inmates.

Moving the offenders to other facilities in such a short period of time would be costly, time-consuming, a violation to the intent of reentry programming (given that the goal of an effective reentry program is contingent upon its proximity to inmate release location because the Statement of Work encourages family participation and community support), and detrimental to the orderly running of the Bureau (due to the programming needs of the offenders as they attempt to re-integrate into society as law-abiding citizens).

To prevent loss of services, a new contract numbered DJB200227 with an estimated amount of will be issued to WAC, under unusual and compelling urgency, to cover RRC services for the period from November 1, 2014 through October 31, 2015.

The Central Sector Management Team, Kansas City Residential Reentry Manager's Office, and RRMB have determined from a technical standpoint that WAC is the only offeror who will be able to provide the required services in the Western Nebraska area by the performance start date of November 1, 2014. The Contracting Officer has reviewed all of the documentation in accordance with solicitation and contract requirements, and agrees. As the incumbent contractor for RRC services in the Hastings, Nebraska area, WAC is uniquely situated to continue providing services without risk to the community and to the Bureau, without interruption of services in Western Nebraska.

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. 253(c) (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:

A contract to continue RRC services for the period from from November 1, 2014 through October 31, 2015 will be issued to prevent disruption of the orderly running of the RRC Program and to protect the Government's interest. Award will be made to the incumbent, who is the only offeror capable of providing the services, since it is uniquely situated to continue providing these services without risk to the community and to the Bureau for the required period of time. WAC does not require any start-up time, has the personnel already in place to provide the RRC services, and is the only provider able to offer RRC services without disruption.

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 current JOFOC contract to extend services will expire on October 31, 2014.

For continuity of service, a new contract will be issued to WAC, the incumbent, to provide RRC services to the Federal offenders located in Hastings, Nebraska. Based upon market research that was conducted for RFP-200-1210-WS, all other offerors, through the proposals submitted, have indicated to the Bureau that 120 days are necessary before accepting any inmates due to construction needs and requirement to proposed facilities. Therefore, only one offeror is able to provide RRC services in the required time periods necessary, due to the risk to the community and continuity of RRC services.

7. Contracting Officer's deter-mination that costs to the Government are fair and reasonable:

The Contracting Officer has determined that the anticipated costs to the Government are fair and reasonable based on a comparison of previous and current Government contract prices for these services in the geographical location of Hastings, Nebraska.

RRC Services:

Bismarck, NO Sioux City, IA Topeka, KS

8. Description of the market survey conducted:

A thorough review of the marketplace was conducted during the solicitation process for RFP-200-1210-WS and is applicable to the JOFOC.

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

The RRC services required are of an unusual and compelling urgency due to the Bureau's critical and essential need. The services comply with the requirements of the Statement of Work, aids in the Bureau's ability to perform its operational mission and preclude impairment of care and custody of Federal offenders. This contract will allow for continuity of services in the Hastings, Nebraska (Western Nebraska) area until October 31, 2015

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

Not Applicable

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

Not Applicable

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:

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