JFOC Pollock Physician.pdf

U.S. Department of Justice Federal Bureau of Prisons

Field Acquisition Office

346 Marine Forces Drive

Grand Prairie, TX 75051

Justification for Other than Full and Open Competition (JOFOC) USP Pollock

Pursuant to the Federal Acquisition Regulations (FAR) Subpart DEVIATION 6.103-1(b), the Federal Bureau of Prisons (BOP) has determined the procurement of Physician Services for the United States Penitentiary (USP)Pollock, (hereinafter referred to as “institution”), located in Pollock, Louisiana meets the criteria for other than full and open competition. The agency has further determined that Physician Services meets the criteria due to the Unusual and Compelling urgency, 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 6.104-1(a)(1): 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: Department of Justice

Contracting Activity: Federal Bureau of Prisons USP Pollock 1000 Air Base Road Pollock, LA 71467

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

2. FAR DEVIATION 6.104-1(a)(2): Nature and/or description of the action being approved.

This action seeks approval for the acquisition and continuation of Physician Services with Consilium Staffing LLC. As the incumbent contractor, Consilium Staffing, has agreed to continue providing these services based on the need and rates will be similar to its prior contract rates, through monthly Firm-fixed-unit-price purchase orders until a new contract can be competitively awarded. This interim acquisition is essential to maintain uninterrupted services for the inmate population pending award of a new contract.

The Bureau Of Prisons is actively pursuing the solicitation of a Physician Services agreement. The request for a new contract action is currently pending and eventually an agreement/ contract will be made, further justification for other than full and open competition will no longer be necessary.

3. FAR DEVIATION 6.104-1(a)(3): A description of the supplies or services required to meet the agency’s needs (including the estimated value).

As part of the mission of the institution, Physician Services are provided to the AIC population. Physician Services in a correctional setting are determined essential to the United States Penitentiary.

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

4. FAR DEVIATION 6.104-1(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)(1), as implemented by FAR DEVIATION 6.103-2, allowing for award for “Unusual and compelling urgency.” when the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured, financially or otherwise, unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

5. FAR Deviation 6.104-1(a)(5): A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

While the request for contract action is pending solicitation and award, Physician Services are critical. The immediate availability of this service is crucial to prevent any disruption to ensure the orderly operation of the institution.

The Government has determined that it is in its best interest to continue utilizing the services of Consilium Staffing, which can provide the required services without delay. Consilium Staffing cleared and established Physician Services meets the institution’s medical Needs. The company has provided services to the institution before through an established network of Physicians.

6. FAR DEVIATION 6.104-1(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.

A notice will be publicized as required by FAR Part 5.

7. FAR DEVIATION 6.104-1(a)(7): A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Consilium Staffing has agreed to continue providing services at rates consistent with the Rates Provided in last contact option, which were established under competitive conditions and deemed fair and reasonable by FAR DEVIATION 15.404-1(b)(1).

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 15.404-1(b)(2). Continuing services with Consilium Staffing during this interim period is in the Government’s best interest.

8. FAR DEVIATION 6.104-1(a)(8): A description of the market research conducted, and the results or a statement of the reason market research was not conducted.

Market research has not been conducted for the provision of Consilium Staffing but will be part of the new solicitation and award.

9. FAR DEVIATION 6.104-1(a)(9): Any other facts supporting the use of other than full and open competition.

No additional supporting facts are identified.

10. FAR DEVIATION 6.104-1(a)(10): A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

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 6.104-1(a)(11): A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

This interim acquisition is necessary pending solicitation and award of a new contract for Physician Services.

The subsequent requirement will be publicly advertised via the Government-wide point of entry. Experience indicates that a single source provider is currently most beneficial to the Agency and Adult-in-custody population. Once the new Contract is competitively awarded, justification for other than full and open competition will no longer be required.

12. FAR DEVIATION 6.104-1(a)(12): 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 6.104-1(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 planning, or a desire to expend funds while those funds are still available.

Submitted by:

Michael Blaisdell Contracting Officer Field Acquisition Office

Justification for Other than Full and Open Competition (JOFOC)