JOFOC Determination 2 mon Contract 5.1-6.30 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Home Confinement Placement Services

CONTRACT #15BRRC20D00000307

Located in Bronx, New York

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Acquisitions Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2(b)(1) and (2), the Bureau has determined the need for home confinement services in Bronx, New York, 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.

Based on the information provided in this justification a new two-month bridge contract to GEO Reentry, Inc. (GEO) to provide home confinement services under other than full and open competition procedures for continued home confinement services for Federal offenders located in Bronx, New York.

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

The services required are a two-month bridge contract of home confinement services located in Bronx, New York for the period May 01, 2020 through June 30, 2020 (61 days).

A new contract number 15BRRC20D00000307 with an estimated maximum amount of $374,082.50 (home confinement services: $55.75 per inmate day x 61 days x 80 placements) will be issued to GEO for this two-month performance period.

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:

A maximum of 80 offenders will be placed on home confinement. The bridge contract 15BRRC20D00000288 for home confinement services will expire April 30, 2020.

The replacement solicitation, Request for Proposals (RFP) 15BRRC19R00000110 for services within the city limits of Bronx, New York was posted on April 9, 2019. One proposal was received from GEO. The solicitation required services in accordance with the RRC Statement of Work (SOW) Revision 1, April 2019.

The Bureau has completed discussions and is in the Final Proposal Revision phase. The award is estimated to be made by May 31, 2020. Under the current COVID-19 situation, the Residential Reentry Management Branch (RRMB) approved the contractor’s request for 180 days to prepare for the start of performance. This will allow time for RRMB to run a full background check on all employees and the contractor to prepare the site based on the requirements of the replacement contract. Contract 15BRRC20D00000307 will allow for continuity of services while the contractor prepares the facility for operational availability and the Bureau completes the administrative functions required to ensure compliance with the contract requirements.

Based on the gap in services between May 1, 2020 and the anticipated start of performance of the contract resulting from RFP 15BRRC19R00000110, a Request for Contract action was submitted to RRC for two months for the period beginning May 1, 2020.

From a technical standpoint, GEO is currently providing the home confinement services required by the Bureau. The Residential Reentry Manager’s office in Bronx, New York and RRMB have determined that GEO can continue providing the required services at the required quantity in Bronx, New York. The Contracting Officer has reviewed all of the documentation and agrees that GEO is able to continue providing services without risk to the community and to the Bureau through June 30, 2020.

The services required are of an unusual and compelling urgency due to the Bureau’s essential need. 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.

Based on the RRC utilization report dated January, 2020, the closest facilities under contract with the Bureau are: Brooklyn, New York and Newark, New Jersey. Those facilities are 16.5 – 25.5 miles away from the Bronx facility.

The mission of the home confinement program is RRC to provide transition services for federal offenders being released from institutions. When an inmate has employment and a place to live and has demonstrated that he/she no longer requires the level of accountability and services the RRC provides, the inmate may be placed on home confinement. 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. Home confinement is a time of testing and an opportunity for inmates to assume increasing levels of personal responsibility while providing sufficient restriction to promote community safety and continue the sanction of the sentence. Therefore, as the current COVID-19 situation, have offenders changing home confinement weekly reporting locations and travel farther to another location would increase their risk with taking public transportation. This would cause serious harm to the mission of the Bureau of Prisons 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 FAR 5.202(a)(2), which precludes competition to the maximum extent practicable, applies. The end of the current performance period on April 30, 2020, does not provide adequate time to issue Requests for Proposals and adequately evaluate each proposal received. Therefore, a two month bridge contract for this service was required prior to the expiration of contract 15BRRC20D00000288 on April 30, 2020.

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 home confinement services in similar geographical locations.

RRC Services:

Locations Home Confinement Rate

Brooklyn, New York - (15BRRC19D00000249) $57.00 per inmate day

(JOFOC) 8/1/19-7/31/20

Newark, New Jersey – (15BRRC20D00000262) $38.75 per inmate day (Base Year) 6/1/20-5/31/21

Bronx, New York – (DJB200140 & 15BRRC20D00000288) Incumbent

$55.75 per inmate day

(JOFOC) 11/1/19-4/30/20

8. Description of the market survey conducted:

Based on the market research conducted using a Request for Information during the procurement phase for Contract 15BRRC20D00000307 and the most recent solicitation process for the replacement contract, GEO is the only contractor in Bronx, New York able to provide RRC and home confinement services.

As the incumbent, GEO is the only contractor that will be able to provide the required services in Bronx, New York by the required date of performance to ensure the continuity of services.

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:

GEO provided an e-mail expressing interest to continue providing services. GEO agreed to provide home confinement services at the same inmate day rate as the current contract.

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 period of time. The Bureau anticipates awarding a competitive contract for similar services in the same geographic area.

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:

4/29/2020 Tana Jankowiak, Contract Specialist Residential Reentry Contracting

Date

Concurrence:

Michael Bodine, Chief Residential Reentry Contracting

Approval:

Catherine S. Scott, Chief Acquisitions Branch