J A_Greenville _SC_-_Bannum_DJB200255_extension_1_(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 Federal Acquisition Regulation (FAR) 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. The statutory authority for the non-competitive action is derived from 41 U.S.C.

253(c)(2), implemented by FAR 6.302-2, Unusual and Compelling Urgency.

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 justification provides the rationale for contracting by other than full and open competition for continuation of Residential Reentry services for Federal offenders in the Greenville, South Carolina area.

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

Contract DJB200969 was competitively awarded to Bannum, Inc. on March 24, 2009 with a two-year base period and three one- year option periods. Performance began on August 1, 2009. The Government has exercised its unilateral right to extend the period of services beyond the originally contracted five years.

A bridge contract, DJB200233, was awarded on February 1, 2015 and expired on July 31, 2015. Another bridge contract, DJB200255, was also awarded on August 1, 2015 and will expire on January 31, 2015.

Both contracts DJB200233 and DJB200255 were awarded to Bannum, Inc., for unusual and compelling under the criteria established for Other than Full and Open Competition in accordance with FAR 6.302- 2(b)(1) and (2).

This competitive procurement has undergone several rounds of discussions and final proposal revisions.

The solicitation was also placed on hold for a considerable amount of time pending legal sufficiency of the contract type. It was determined not to cancel the solicitation due to a required need in the area. Upon the resolution of the legal sufficiency, the Contracting Officer was allowed to proceed with the solicitation.

The Contracting Officer entered Final Proposal Revisions before realizing the Technical Evaluation contained a significant number of errors. Unfortunately, the individual who prepared and wrote the technical evaluation has since retired from the Bureau. The Contracting Officer consulted the Residential Reentry Branch in which they reviewed and tried to correct some of the errors contained in the technical evaluation. However, after legal consultation of the botched technical evaluation it was recommended that the document not be corrected and/or altered. The Contracting Officer has communicated this with the Residential Reentry Management Branch and a completely new Technical Evaluation Panel will be conducted and a new Technical Evaluation will be prepared and presented it to the SSA, respectively. This process is expected to take approximately 45 – 60 days. It is anticipated another round of discussions and final proposal revisions will need to take place after receiving a final technical evaluation which is expected to take another 30-45 days. Depending on whether or not the award goes to the incumbent a 120 days may be needed before accepting inmates. Therefore it is anticipated performance will begin by August 1, 2016.

The contractor, Bannum, Inc., understands the unique requirements of working cooperatively with the Bureau, as well as the specific technical requirements necessary in providing RRC services without interruption and without posing particular risks to the community and to the Bureau. 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.

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 modification to the current contract, DJB200255, will continue RRC services for the period of February

1, 2016 through July 31, 2016, will be issued and awarded to the incumbent to prevent substantial disruption and unacceptable delays of orderly operation of the RRC Program and to protect the Government’s interest.

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 expired on January 31, 2015. Contract DJB200233 was awarded and expired on July 31, 2015.

Contract DJB200255 was awarded and expires on January 31, 2016. A modification to Contract DJB200255 is being requested to allow for continuity of services in the amount of $628,992.00. The period of performance requested is February 1, 2016 through July 31, 2016 (8,736 Inmate days @ $72.00/day = $628,992.00).

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:

Columbia, SC - $81.50/inmate day Fort Myers, FL - $99.92/inmate day

North Charleston, SC - $82.00/inmate day Greenville, SC - $72.00/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 Bureau’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 replacement contract is awarded. There are no other sources capable of providing the Bureau with the services needed for this effort in the required timeframe. No follow-on actions, other than those covered in this justification, are known or anticipated.

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

Concurrence:

Dana DiGiacomo, Chief Residential Reentry Contracting Section

Concurrence:

Thomas G. Dufort, Chief Procurement and Property Branch

Matthew D. Nace Procurement Executive

APPROVAL OF JUSTIFICATION:

Bradley T. Gross, Assistant Director for Administration Competition Advocate