DJB200824_-_JOFOC_-_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT NUMBER: DJB200824

Located in Orlando, Florida

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 Orlando, FL 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 of Prisons, Administration Division, Procurement Management Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

The action to be approved is a Six-Month Extension of the contract to Dismas Charities, Inc. under other than full and open competition procedures for continued RRC services for Federal offenders located in Orlando, Florida. The services are being exercised pursuant to FAR 52.217-8, Option to Extend Services.

During the initial evaluation phase of the contract, pricing for the option to extend services was not evaluated by the Government, although FAR 52.217-5, Evaluation of Options, was included as a solicitation provision. Justification and approval is required in order to extend services.

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

The extension of RRC services located in Orlando, Florida for the period June 1, 2017 through November 30, 2017.

The estimated amount of the Six-Month Extension is

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 Orlando, Florida.

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 ensure continuity of services and avoid the enormous burden of returning the offenders to a secure institution, during this process.

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

The facility in Orlando, Florida currently house male and female federal offenders. The current contract will expire May 31, 2017. The replacement solicitation, Request for Proposals (RFP) RFP-200-1328-ES for the city limits of Orlando, Florida within Orange County was issued and proposals were received on August 26, 2016. During this time the Bureau was undergoing an assessment of Residential Reentry Centers by Deloitte Consulting, which was commissioned by the Department of Justice. On August 22, 2016 a final report was issued which included several recommendations. One of those recommendations included revising the current Statement of Work (SOW) to incorporate new requirements which were recommended as a part of the assessment.

Another recommendation was to consolidate all existing revisions of the SOW into a nationwide SOW to standardize the level of service provided at all facilities. In response to these recommendations, the Bureau incorporated these recommendations as well as updates and changes to current practices, policies, and procedures into a new SOW, dated October 2016. As a result of these changes the Government has been unable to award a replacement contract located within city limits of Orlando, Florida during the current contract due to a number of unforeseen issues regarding the changes and inconsistencies within the 2016 Statement of Work which has resulted in delays with the offerors negotiations and evaluations.

This need for services is a direct result of the length of time required to complete evaluations of the proposals and the time allowed after the estimated date of award (120 days) for the contractor to ensure its proposed facility is fully operational.

This contract will allow for continuity of services while a replacement contract is awarded and the contractor prepares the facility for operational availability.

From a technical standpoint, Dismas Charities, Inc. is currently providing the services required by the Bureau.

The closest facilities with contracts with the Bureau will not have available bed space.

have determined that Dismas Charities, Inc. can provide the required services at the required quantity in Orlando, Florida by the performance start date of June 1, 2017. The Contracting Officer has reviewed all of the documentation and agrees. Dismas Charites, Inc. is able to continue providing services without risk to the community and to the Bureau by June 1, 2017. 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 an 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 only one contract for RRC services for federal offenders located in Orlando, Florida. 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 Bureau does have additional facilities under contract within a 100 mile radius. However, based on the RRC utilization report dated April 24, 2017, those facilities will not have available bed space to house the projected number of additional offenders.

Returning the offenders to a secure institution for the six-month period requested in this justification while the current procurement action is completed would impose a tremendous financial burden on the Bureau, and result in serious injury to the Bureau by negatively impacting the reentry program’s mission to assist federal offenders during the transition from prison to the community. Exercising this option will prevent an interruption in RRC services and prevent this.

After considering price and other factors, the Contracting Officer determined serious injury - both financial and other -would result to the Bureau if RRC services are not continued at the current location.

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 5.202(a) (2) applies.

The Option to Extend services (FAR Part 52.217-8) will be exercised under Contract DJB200824 when it expires on May 31, 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 located in the Florida geographical area.

RRC Services:

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for RFP-200-1328-ES 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:

Dismas Charities, Inc. provided an e-mail expressing interest to continue providing RRC services through November 30, 2017.

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.