DJB200321-JOFOC_Eau_Claire_WI-signed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT #DJB200321

Located within Eau Claire, Wisconsin (Eau Claire County)

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 Eau Claire, Wisconsin (Eau Claire County) 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, Content, with the following supporting information provided:

1. Agency:

The United States Department of Justice, Bureau, Administration

Division, Procurement and Property 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 located in Eau Claire, WI of the contract to Lutheran Social Services of Wisconsin and Upper Michigan, Inc. (Lutheran

Social Services) under other than full and open competition procedures for continued RRC services for Federal offenders located within Eau Claire, Wisconsin (Eau Claire County).

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

RRC services located within Eau Claire, Wisconsin (Eau Claire

County) for the period March 1, 2017 through August 31, 2017

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. 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.” The Bureau is experiencing such a situation with regard to its requirement for RRC services in Post, Eau Claire, WI. Currently, the Bureau is in the process of completing a replacement contract. It needs to continue RRC services at the current location in order to comply with

Presidential Memorandum—Limiting the Use of Restrictive Housing by the Federal Government (March 1, 2016).

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

The facility in Eau Claire, Wisconsin (Eau Claire County)

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 services required are of an unusual and compelling urgency due to the Bureau’s essential need. There is an only one contract for

RRC services for federal offenders located within Eau Claire, Wisconsin (Eau Claire County). If services cannot be provided at this location, the Bureau has two options: Transfer offenders to another RRC to continue receiving services or return the offenders to a secure institution.

The closest facilities under contract with the Bureau are Madison, WI; Milwaukee, WI; and Green Bay, WI located 180 - 248 miles away.

Based on the RRC , those facilities will not have available bed space to house the projected number of additional offenders. Returning the offenders to a secure institution does not provide any quantifiable benefits to the offenders or to the Government and could negatively impact the offenders’ successful completion of the reentry program.

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 Option to Extend services (FAR

Part 52.217-8) will be exercised under Contract DJB200078 when it expires on February 28, 2017.

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.

RRC Services:

-Madison,WI Milwaukee, WI

-Green Bay, WI

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for Request for Proposal (RFP) RFP-200-1292-CS is applicable to the JOFOC.

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

The original solicitation for the Eau Claire, Wisconsin (Eau

Claire County) area (RFP-200-1292-CS) was issued and proposals were received.

This need for services is a direct result

From a technical standpoint, Lutheran Social Services is currently providing the services required by the Bureau. The closest facilities with contracts with the Bureau will not have available bed space. The Wisconsin Residential Reentry Manager’s Office and Residential Reentry Management Branch have determined that

Lutheran Social Services can provide the required services at the required quantity within Eau Claire, Wisconsin by the performance start date of September 1, 2017. The Contracting Officer has reviewed all of the documentation and agrees. Lutheran Social

Services is able to continue providing services without risk to the community and to the Bureau by September 1, 2017.

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

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

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:

F