JOFOC_Determination_Mar2018_thru_May2018_Albany,_NY_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

ALBANY, NY.

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 Albany, NY 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, Administration

Division, Procurement and Property 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 located in Albany, NY.

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

RRC services in Albany, NY was awarded for the period March 1, 2017 through August 31, 2017 with a guaranteed minimum of

$347,760.00 and an estimated maximum of $695,520.00($105.00 per inmate day.

Because of budget cuts and changes in the Administration, a decision was made on March 21, 2017 by the Bureau of Prisons to reassess the Residential Reentry and Home Confinement requirements. All solicitations were placed on hold while the

Residential Reentry Management Branch revised the Statement of

Work and determined if the bed numbers are consistent with need.

Due to the need for a continuation of services for September

1, 2017 through November 30, 2017, an amendment to contract

DJB200324 was processed to add an estimated $343,980.00

($105.00 per inmate day).

An additional amendment to contract DJB200324 for December 1, 2017 through February 28, 2018, was issued to prevent disruption of the orderly running of the RRC Program and to protect the

Government’s interest. As the incumbent contractor, Community

Resources for Justice, Inc.is the only offeror capable of providing the services, since it is uniquely situated to continue providing services without risk to the community and to the BOP, for the required period of time. Community

Resources for Justice, Inc. does not require any start-up time, has the personnel already in place to provide the RRC services, and is the only provider to be able to offer RRC services without disruption.

Due to the continued need of services for March 1, 2018 through

May 31, 2018, contract 15BRRC18D00000061 will be awarded for an estimated $354,384.00 ($107.00 per inmate day).

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 qualifications or the nature of the acquisition requires use of the authority cited:

The services required are of an unusual and compelling urgency due to the Bureau’s essential need. There is an only one contract for RRC services for federal offenders located within Albany, New York. Should services not be provided at this location, the

Bureau will be required to either transfer the offenders to another RRC so that they may continue to receive services or return the offenders to a secure institution.

The intent is to award the contract to Community Resources for

Justice, Inc. under unusual and compelling urgency for the period from March 1, 2018 through May 31, 2018 for RRC services to prevent disruption of the orderly running of the RRC Program and to protect the Government’s interest.

Contract DJB200065 was awarded to Community Resources for

Justice, Inc. on April 25, 2011 with a one-year base-period and four one-year option periods with performance beginning on

September 1, 2011.

On September 1, 2016, the Government exercised its unilateral right to extend services for six months beyond the originally contracted five years. These extensions of services expired on February 28, 2017. A Request for Contract Action (RCA) was submitted to the Residential Reentry Contracting Section to issue a contract for the period of March 1, 2017 through August

31, 2017.

An amendment to contract DJB200324 to continue RRC services for the period from September 1, 2017 through November 30, 2017, was issued to prevent disruption of the orderly running of the

RRC Program and to protect the Government’s interest. As the incumbent contractor, Alternatives, Inc. is the only offeror capable of providing the services, since it is uniquely situated to continue providing services without risk to the community and to the BOP, for the required period of time. Community

Resources for Justice, Inc., does not require any start-up time, has the personnel already in place to provide the RRC services, and is the only provider to be able to offer RRC services without disruption.

An additional amendment was processed for December 1, 2017 through February 28, 2018, to contract DJB200324 to add an estimated $340,200.00 ($105.00 per inmate day).

May 31, 2018, contract 15BRRC18D00000061 will be awarded for an estimated $354,384.00 ($107.00 per inmate day).

The Request for Proposals (RFP) 200-1295-ES, to provide RRC

Services for Federal offenders located in Albany, NY was issued on November 18, 2015. The solicitation closed on January 15, 2016, with one offer received. Community Resources for Justice, Inc. is currently providing RRC services to the Bureau in this area and is the incumbent contractor.

Due to the complexity of the requirement there is a need for an extension of services. The RRC services covered in Contract

DJB200065 are essential to providing services for a guaranteed minimum of 18, and a maximum of 36 federal inmates in Albany, NY.

The closest facilities under contract with the Bureau are Bronx, NY; Binghamton, NY; Syracuse, NY; Rochester, NY; and, Buffalo, NY and are located 15.9 - 396 miles away, respectively. RRC utilization report dated November 27, 2017, indicated that the aforementioned facilities will not have bed spaces available to house the additional number of offenders.

Moving the offenders to other facilities in such a short period of time would be costly, time consuming, a violation to the intent of reentry programming (given that the goal of an effective reentry program is contingent upon its proximity to inmate release location because the statement of work encourages family participation and community support), and detrimental to the orderly running of the Bureau (due to the programming needs of the offenders as they attempt to re-integrate into society as law-abiding citizens).

The Eastern Sector Regional Office, Residential Reentry

Manager’s Office, and the Residential Reentry Management Branch have determined from a technical standpoint that Community

Resources for Justice, Inc. is the only offeror who will be able to provide the required services in Albany, NY by the performance start date. The Contracting Officer has agreed with the reviewed documentation in accordance with the solicitation and contract requirements. As the incumbent contractor for RRC services in Albany, NY, Community Resources for Justice, Inc. is uniquely situated to continue providing services without risk to the community and to the Bureau and without interruption of services. Community Resources for

Justice, Inc. does not require any start-up time, and has the personnel already in place to provide the RRC services.

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) applies. The option to extend services that was exercised under Contract DJB200065 expired on February 28, 2017.

For continuation of services, a new contract numbered DJB200324 with a guaranteed minimum of $347,760.00 and an estimated maximum of $695,520.00($105.00 per inmate day) was issued for the period of March 1, 2017 through August 31, 2017.

An amendment to contract DJB200324 to continue RRC services for the period from September 1, 2017 through November 30, 2017, was issued.

An additional amendment was processed for December 1, 2017 through February 28, 2018, to contract DJB200324 to add an estimated $340,200.00 ($105.00 per inmate day).

May 31, 2018, contract 15BRRC18D00000061 was awarded for an estimated $354,384.00 ($107.00 per inmate day).

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.

RRC Services:

Albany, NY $102.86/inmate day

Boston, MA $102.36/inmate day

Binghamton, NY $119.00/inmate day

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for RFP-200-1295-ES is applicable to the JOFOC. The market survey that was conducted concluded that only one offeror is capable of providing RRC services in the time required for this

JOFOC contract.

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

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.

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.

The services required are of an unusual and compelling urgency due to the Bureau’s critical and essential need. RRC services are required immediately in Albany, NY to preclude disruption of the orderly running of the RRC program and to protect the

Government’s interest. Delay in award of the contract would result in serious injury to the Bureau in securing the care and custody of inmates. This contract will allow for a continuity of services pending the start of a contract resulting from

RFP-200-1295-ES.

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

CRJ provided an e-mail expressing interest to continue providing RRC services for the period of March 1, 2018 through

May 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:

_2/23/2018___

Pattie Williams Date

Contracting Officer

Residential Reentry Contracting

Concurrence:

Dana R. DiGiacomo, Chief Date

Residential Reentry Contractin g

APPROVAL OF JUSTIFICATION:

Cathy S. Scott, Acting Chief Date

Branch