J A_Greenville _SC_-_Bannum_DJB200255_(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 FAR 6.302-2, the need for the subject services is unusually and compellingly urgent. 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, 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 August 1, 2015 through January 31, 2016. 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 Government has exercised its unilateral right to extend the period of services beyond the originally contracted five years. The extension of services expired on January 31, 2015. By cause of unforeseen circumstances through course of events that were entirely unavoidable, exceptional and beyond the agency’s control, Contract DJB200233 was awarded for the period of February 1, 2015 through July 31, 2015; 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).

On July 8, 2015, the U.S. Department of Labor – Wage and Hour Division issued a revision to the Wage Determination applicable to the requirement, resulting in an issuance of Final Proposal Revision #3 by the Contracting Officer. The stages within the procurement process were adjusted to allow for receiving, responding, and analyzing the offeror(s) proposal.

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.

To prevent loss of services, a new contract numbered DJB200255 for $582,912.00 ($72.00 per inmate day), will be awarded to Bannum, Inc., under unusual and compelling urgency, to continue RRC services for the period of August 1, 2015 through January 31, 2016. 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 August 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 August 1, 2015 through January 31, 2016, 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 expired on January 31, 2015. Contract DJB200233 was awarded and expires on July 31, 2015. For continuity of services a new contract, DJB200255 in the amount of $582,912.00 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:

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

North Charleston, SC - $82.00/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 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 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 Date Residential Reentry Contracting Section