JOFOC Continuing Services FY23 March.pdf

Justification for Other than Full and Open Competition (JOFOC) FCI Berlin

Pursuant to the Federal Acquisition Regulations (FAR) Subpart 6.302-l(a)(2), and the Federal Bureau of Prison Acquisition Policy (BPAP) 6.304(a), the Federal Bureau of Prisons (BOP) has determined that the procurement of comprehensive medical services for the FCI Berlin, located in Berlin, New Hampshire, meets the criteria established for other than full and open competition. It is further determined that only one responsible source is capable of providing services to FCI Berlin and that such an award would prevent serious injury, financial , or other liabilities to the Government. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons FCI Berlin 1 Success Loop Road

POBOX69

Berlin NH, 03570

2. Nature and/or description of the action being approved:

The action to be approved is for the acquisition and continuation of community and institution based comprehensive medical services with Integrated Medical Services (IMS). Integrated Medical Services is the incumbent and has agreed to honor their previous Medicare benchmark rates for comprehensive medical services. This interim action will provide FCI Berlin the required and necessary acquisition of medical services for the inmate population. The proposed period of performance will be from March 1, 2023, through March 31 , 2023.

3. A description of the services required to meet the agency's needs:

As part of the mission of FCI Berlin, comprehensive medical services are provided to the inmate population. When a medical need arises that cannot be provided by FCI Berlin's medical staff, referrals are made to community-based medical providers. Integrated Medical Services is the incumbent and continues to provide the necessary medical services through their established network of local medical facilities and physicians. Additionally, Integrated Medical Services also continues to provide various onsite outpatient institution services to meet the government's needs. The immediate availability of community-based health care services is critical to avoid any disruption in obtaining the necessary medical services and to ensure the orderly operation of FCI Berlin. The Government has determined in an effort to maintain continuity of care, it is in the best interest of FCI Berlin to continue to utilize Integrated Medical Services, who can provide the required medical services without delay. Their established medical network ensures that FCI Berlin medical needs are fulfilled.

The proposed performance period will be from March 1, 2023, through March 31, 2023 , with an estimated total cost of $55,000.00.

4. Statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(l) as implemented by FAR 6.302-1 Only One Responsible Source.

Specifically, FAR 6.302-l(a)(2) provides for the applicability of this authority in situations "when the supplies or services required by the agency are available from only one responsible source."

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

A Request for Contract Action packet for comprehensive medical services at FCI Berlin was provided to the Field Acquisition Office (F AO). A solicitation was posted. In the interim, FCI Berlin must continue to offer medical services to the inmate population. In order to maintain continuity of medical care for the diverse inmate population, continuing services with Integrated Medical Services and their network of medical service providers alleviates delay and disruption of the overall mission of basic and emergent medical care. Any delay would lead to serious injury to the Government, as it would greatly impact our medical mission; patient care and would cause operational disruptions to FCI Berlin inmates .

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2:

The requirement will be publicized through the Govemmentwide point of entry.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

Integrated Medical Services is currently providing comprehensive medical services to FCI Berlin. All provider credentialing and background clearances have been completed.

Integrated Medical Services has agreed to continue providing services at the same rates of their expired basic purchase agreement. These rates were awarded under a competitive acquisition and were found fair and reasonable in accordance with FAR 15 .404-1 (b )(2)(ii). The rates have been evaluated by the Contracting Officer and Health Service Administrator and continue to be deemed fair and reasonable. It has been determined to be in the best interest of the Government to continue services with Integrated Medical Services during this interim period until a new contract can be awarded on a competitive basis. The Contracting Officer will continue to monitor pricing to ensure it satisfies this determination.

8. A description of the market research conducted and the results:

Extensive market research was conducted for the ongoing competitive acquisition that is currently being processed by the F AO. The market research resulted in a competitively solicited acquisition.

Market research for this temporary action was not conducted based on the urgency and compelling need to maintain the existing medical services to support the operations of FCI Berlin pending the award of a contract.

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

Not applicable.

10. List of sources, if any that expressed, in writing, an interest in the acquisition:

There are no other sources available that would be able to provide the services in the timeframe required by the Government.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before subsequent acquisition for the required services:

The acquisition of these services are necessary pending the award of a comprehensive medical services contract. The requirement is being competed by F AO. As supported in this document, our experience indicates that a single source provider for comprehensive medical services is beneficial to the agency and the inmate population we service. Once the new contract is competitively awarded, further justification for other than full and open competition will not be necessary.

12. Contracting Officer's certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief:

In accordance with FAR 6.303-2(b) ( 12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify in accordance with BP AP 6.301 , to the best of my knowledge and belief that this request is not the result of a lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted by:

Adam King, Regional Contract Officer Northeast Regional Office

KRISTEN CROTEAU Digitally signed by KRISTEN CROTEAU Date: 2023.02.08 10:11 :28-05 '00' ------------

Kristen Croteau, Contract Specialist FCI Berlin

~4.g Health Service Administrator FCI Berlin

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