FAO JOFOC.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

Grand Prairie, Texas 75051

Justification for Other than Full and Open Competition (JOFOC)

FCI Berlin

Pursuant to the Federal Acquisition Regulations (FAR) Subpart DEVIATION 6.103-l(b), the

Federal Bureau of Prisons (BOP) has determined the procurement of Comprehensive Medical

Services (CMS) for the Federal Correctional Complex (FCC), (hereinafter referred to as

"institution"), located in Berlin, New Hampshire, meets the criteria for other than full and open competition. The agency has further determined that only one responsible source is capable of providing these services, and that awarding the contract to this source is necessary to prevent serious injury, financial loss, or other significant harm to the Government. This limitation on competition is justified as follows:

1. FAR DEVIATION 6.104-l(a)(l): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

Agency:

Contracting Activity:

Department of Justice

FCI Berlin

1 Success Loop Road

Berlin, NH 03570

This document is a Justification for Other Than Full and Open Competition (JOFOC).

2. FAR DEVIATION 6.104-l(a)(2): Nature and/or description of the action being approved.

This action seeks approval for the continuation of community and institution based comprehensive medical services with Integrated Medical Services (IMS). As the incumbent contractor, IMS has agreed to continue providing CMS at its current Medicare benchmark rates. This interim acquisition is essential to maintain uninterrupted medical services for the inmate population. This JOFOC is for out-of-network emergency medical service needs at the institution and that awarding the contract to this source is necessary to prevent serious injury, financial loss, or other significant harm to the Government.

3. FAR DEVIATION 6.104-l(a)(3): A description of the supplies or services required to meet the agency's needs (including the estimated value).

The institution's mission includes providing comprehensive medical services to the inmate population. In meeting the healthcare needs of the inmate population, The BOP delivers essential medical, dental, and mental health care to Federal inmates. When an emergency medical need arises that cannot be provided by the institution medical staff, services are required at community-based medical providers.

Due to the urgent nature of healthcare delivery, any delay in contract award would disrupt access to timely medical care and is incompatible with agency needs.

The proposed period of performance is August 1, 2026, through September 30, 2026, with an estimated total cost of $466,704.47.

4. FAR DEVIATION 6.104-l(a)(4): An identification of the statutory authority permitting other than full and open competition.

The authority for this action is granted under 41 U.S.C. § 3304(a)(l), as implemented by

FAR DEVIATION 6.103-1, allowing for award to "Only One Responsible Source" when no other supplies or services meet the agency's requirements. Specifica11y, FAR DEVIATION 6.103-1(b) provides for the applicability of this authority in situations

"when the supplies or services required by the agency are available from only one responsible source."

5. FAR DEVIATION 6.104-l(a)(S): A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

Uninterrupted medical service delivery is critical. The immediate availability of community-based healthcare services is crucial to prevent any disruption in delivery of necessary medical services and to ensure the orderly operation of the institution.

Transitioning to a new third-party administrator typically requires a minimum 30-day service commencement period for the provision of community-based services. IMS, as the incumbent, is the only provider uniquely qualified to ensure seamless service delivery without any lapse in performance.

The Government has determined that it is in its best interest to continue utilizing the services of IMS, which can provide the required medical services without delay. IMS's established medical network ensures that the institution's healthcare needs are effectively met. IMS has provided services to the institution for over five years through an established network of local medical facilities and physicians.

To maintain continuity of medical care for the diverse inmate population, continuing services with IMS and its network of medical service providers is essential in preventing delays and disruptions in the overall mission of providing emergent medical care. Any interruption in services would result in significant harm to the Government, adversely affecting patient care and causing operational disruptions for the inmate population.

6. FAR DEVIATION 6.104-l(a)(6): A description of efforts made to ensure that offers are solicited from as many potential sources as possible, including whether a notice was or will be publicized as required by part 5 and, if not, which exception under part 5 applies.

No additional sources were solicited as this requirement is for critical medical services and IMS, as the incumbent, is the only source capable of providing uninterrupted services without a lapse in care. Therefore, soliciting offers from additional sources would not be practicable and would not meet the Government's requirements.

A notice will be publicized as required by part 5.

7. FAR DEVIATION 6.104-l(a)(7): A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

IMS has agreed to continue providing services at rates consistent with current market trends deemed fair and reasonable per FAR DEVIATION

15.404-l(b)(l). The Contracting Officer (CO) has analyzed the current market trend by comparing the rates against historical prices paid for the same services in accordance with FAR DEVIATION 15.404-l(b)(2). Both the rates and the historical prices paid for the same services have been determined to be fair and reasonable. Continuing services with IMS during this interim period are in the Government's best interest.

8. FAR DEVIATION 6.104-l(a)(S): The market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

As stated above, the immediate availability of community-based healthcare services is crucial to prevent any disruption in accessing necessary medical services and to ensure the orderly operation of the institution. IMS, as the incumbent, is the only provider able to ensure seamless service delivery without any lapse in performance.

9. FAR DEVIATION 6.104-l(a)(9): Any other facts supporting using other than full and open competition.

No additional supporting facts are identified.

10. FAR DEVIATION 6.104-l(a)(lO): A listing of the sources, if any, that expressed an interest in the acquisition in writing.

No other sources with the ability to provide services immediately, with no lapse in service, have expressed written interest in this acquisition.

11. FAR DEVIATION 6.104-l(a)(ll): A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition of the supplies or services required.

This interim acquisition is necessary due to out-of-network emergency medical service needs at the institution.

12. FAR DEVIATION 6.104-l(a)(l2): Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

In accordance with FAR DEVIATION 6.104-l(a)(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of acquisition planning, or a desire to expend funds while those funds are still available.

Approval:

Celeste Walker, Contracting Officer Date

Field Acquisition Office