Greenville _SC_-_JOFOC_(Redacted).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Located in the Greenville, South Carolina within the county of Greenville

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 Greenville, South Carolina area meets the criteria established for other than full and open competition. This limitation of competition is justified in accordance with FAR Subpart 6.3, 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 Greenville, South Carolina area.

3. Description of the Services Required to Meet the Agency

Needs:

The intent is to issue a contract to Bannum Inc., under unusual and compelling urgency for the period of February 1, 2015 through July 31, 2015. The current contract, DJB200969 was awarded to Bannum, Inc. on March 24, 2009 with a two-year base period and three one-year option periods with the period of performance start date of August 1, 2009. The option to extend services was exercised under contract DJB200969 and will expire on January 31, 2015.

The Government experienced delays during the procurement process, by cause of unforeseen circumstances. To prevent an interruption of services, a Request for Contract Action was submitted by the Residential Reentry Management Branch (RRMB), to allow for services to continue uninterrupted.

The course of events were entirely unavoidable and exceptional and prevented the Government from performing its obligations and achieving its objectives which in turn affected the awarding of the replacement contract for RRC services in Greenville, South Carolina by August 1, 2014.

The original solicitation for the replacement contract for RRC services in Greenville, South Carolina, within Greenville County (RFP-200-1231-ES) was issued and proposals were received from Bannum Inc., and The Alston Wilkes Society, Inc. Bannum, Inc. is currently providing RRC services to the Bureau in this area and is the incumbent contractor.

Several rounds of discussions were conducted to assure that equal discussions were held with all offerors and for assuring that the Government obtained information essential for determining the acceptability of the offerors proposal.

Responses to those discussions held are currently under review. This, coupled with the time it took to receive and analyze the responses of the offerors exceeded the time allotted; resulting in a continuation of these phases of the procurement process was required.

The current (incumbent) facility in Greenville, South Carolina houses a minimum of 27 and an estimated maximum of 48 Federal inmates. It would require several hours of travel to place the offenders into (contracted) facilities, other than the incumbent’s. Moving the offenders to other facilities on such short notice would be both costly and time-consuming and a direct violation to the purpose of reentry programming; which focuses on the 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 DJB200233 for $485,804.00 ($61.00 per inmate day), will be awarded to Bannum, Inc., under unusual and compelling urgency, to continue RRC services for the period of February 1, 2015 through July 31, 2015. The Eastern Sector, Residential Reentry Manager’s Office, and the Residential Reentry Management Branch have determined from a technical standpoint that Bannum, Inc. is the only offeror capable of providing the services required in Greenville, South Carolina by the performance start date of February 1, 2015.

The Contracting Officer has reviewed all of the documentation in accordance with the solicitation and contract requirements, and agrees. As the incumbent contractor for RRC services in the Greenville, South Carolina area, Bannum, Inc. demonstrates a unique capability of providing RRC services without interruption and without posing particular risks to the community and to the Bureau.

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 qualification or the nature of the acquisition requires use of the authority cited:

A contract to continue RRC services for the period of

February 1, 2015 through July 31, 2015, will be issued to prevent substantial disruption and unacceptable delays of orderly operation 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 required for the performance period.

6. Efforts made to solicit from as many sources a practicable, including whether or not a notice was published in the GPE:

The exception at FAR 5.202(a)(2) applies, as the proposed contract action is made under the conditions described in FAR 6.302-2(a)(2). The option to extend services was exercised under contract DJB200969 and will expire on January 31, 2015. For continuity of services, a new contract in the amount of $485,804.00 will be awarded to the incumbent, Bannum, Inc., to provide RRC services to Federal offenders located in Greenville, South Carolina.

7. Contracting Officer’s determination 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 (Greenville, South Carolina area).

RRC Services:

Winston-Salem, NC - $86.00/inmate day Raleigh, NC - $71.55/inmate day

Durham, NC - $102.01/inmate day

8. Description of the market survey conducted:

Not applicable; a thorough review of the marketplace was conducted during the solicitation process.

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

The (RRC) services comply with the requirements of the Statement of Work, aids in the BOP’s ability to perform its operational mission and preclude impairment of care and custody of Federal inmates. This contract will allow for continuity of services in the Greenville, South Carolina area until the follow-on contract is awarded.

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:

Dana Legette-Feltham, Contracting Officer Residential Reentry Contracting Section