JOFOC_1_1-signed_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT NUMBER: DJB200141

Located in Pensacola, Florida

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 Pensacola, FL area meets the criteria established for other than full and open competition. This limitation of competition is justified in accordance with FAR Subpart 6.303-2, Content, with the following supporting information provided:

1. Agency:

The United States Department of Justice, Bureau of Prisons, Administration Division, Procurement Management Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

The action to be approved is a Six-Month Extension of the contract to Keeton Corrections, Inc. under other than full and open competition procedures for continued RRC services for Federal offenders located in Pensacola, FL. The services are being exercised pursuant to FAR 52.217-8, Option to Extend Services. During the initial evaluation phase of the contract, pricing for the option to extend services was not evaluated by the Government, although FAR 52.217-5, Evaluation of Options, was included as a solicitation provision. Justification and approval is required in order to extend services.

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

The extension of RRC services located in Pensacola, Florida for the period July 1, 2018 through December 31, 2018.

The estimated maximum amount of the Six-Month Extension for In- House Residential Re-Entry Services is

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. 3304(a)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The facility in Pensacola, Florida has a current In-House population of federal offenders (RRC Utilization Report dated June 8, 2018). The current contract will expire June 30, 2018.

The replacement solicitation, Request for Proposals (RFP) RFP- 200-1373-ES for the area of Pensacola, Florida was issued and proposals were received on December 5, 2017. During this time the Bureau was undergoing an assessment of Residential Reentry Centers by Deloitte Consulting, which was commissioned by the Department of Justice. On August 22, 2016 a final report was issued which included several recommendations. One of those recommendations included revising the current Statement of Work (SOW) to incorporate new requirements which were recommended as a part of the assessment. Another recommendation was to consolidate all existing revisions of the SOW into a nationwide SOW to standardize the level of service provided at all facilities. In response to these recommendations, the Bureau incorporated these recommendations as well as updates and changes to current practices, policies, and procedures into a new SOW, dated October 2016. As a result of these changes the Government has been unable to award a replacement contract located within city limits of Pensacola, Florida during the current contract due to a number of unforeseen issues regarding the changes and inconsistencies within the 2016 Statement of Work which has resulted in delays with the offerors negotiations and evaluations.

This need for services is a direct result of the length of time required to complete evaluations of the proposals and the time allowed after the estimated date of award (120 days) for the contractor to ensure its proposed facility is fully operational.

This contract will allow for continuity of services while a replacement contract is awarded and the contractor prepares the facility for operational availability.

From a technical standpoint, Keeton Corrections, Inc. is currently providing the services required by the Bureau. The closest facilities with contracts with the Bureau will not have available bed space. The have determined that Keeton Corrections, Inc. can provide the required services at the required quantity in Pensacola, Florida by the performance start date of July 1, 2018. The Contracting Officer has reviewed all of the documentation and agrees. Keeton Corrections, Inc. is able to continue providing services without risk to the community and to the Bureau by July 1, 2018.

The services required are of an unusual and compelling urgency due to the Bureau’s essential need. There is only one contract for RRC services for federal offenders located in Pensacola, FL.

If services cannot be provided at this location, the Bureau has two options: Transfer offenders to another RRC to continue receiving services or return the offenders to a secure institution.

The closest facilities under contract with the Bureau are Spanish Fort, Alabama and Hattiesburgh, Mississippi, located 50 – 160 miles away. However, based on the RRC utilization report dated June 8, 2018, those facilities will not have available bed space to house the projected number of additional offenders.

The mission of the reentry program is to assist federal offenders during the transition from prison to the community by providing services which include self-improvement opportunities as well as assistance to secure employment and locate a permanent residence after their program is complete.

Offenders are typically assigned to a RRC near the location where they will eventually be released. The Bureau contracts with these RRCs to provide assistance to inmates who are nearing release from federal custody. RRC placements provide a safe, structured, supervised environment in the individual's community, as well as assistance, drug treatment, and other reentry programs and services. RRCs help inmates gradually rebuild their ties to the community and supervise their activities during this community readjustment period. Therefore, returning the offenders to a secure institution for the six-month period requested in this justification would cause serious harm to the mission of the Bureau and would be a disruption to the inmate’s reentry programming. Relocating the offenders does not support the overall mission of the Reentry Services Division or the Bureau in the attempt to re-integrate the offenders into society as law abiding citizens.

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

Based on the urgent requirements of these services, the exception at 5.202(a) (2) applies, therefore a notice was not published in the GPE. Due to the complex nature of the requirement, it takes approximately 18 months to competitively solicit and award an RRC contract. The urgency of this requirement does not allow adequate time to solicit from other sources.

7. Contracting Officer’s determination that cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on a comparison of current Government contract prices for RRC services located in the surrounding geographical area.

RRC Services:

- IH (In-House) HC (Home Confinement)

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for RFP-200-1373-ES for RRC and Home Confinement services for male and female federal offenders held under the authority of the United States Statutes with the boundaries of Pensacola, Florida is applicable to the JOFOC.

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

N/A

10. List of sources, expressing in writing, interest in the acquisition:

Keeton Corrections, Inc. provided an e-mail expressing interest to continue providing RRC services through December 31, 2018.

11. Actions taken by the agency to remove or overcome barriers to competition:

It currently takes the Bureau approximately 18 months to award a RRC contract; therefore there was no time to solicit for services for such a short period of time.

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:

Date Residential Reentry Contracting

Concurrence:

Date

Residential Reentry Contracting

APPROVAL OF JUSTIFICATION:

Date

Procurement Management Branch

6/14/2018 al Reentry Contra

06/15/2018