JOFOC_Determination_-_Redacted_-_FBO.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 Management 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 for the period March 1, 2017 through August 31, 2017.

A new contract numbered DJB200324 with a guaranteed minimum of $347,760.00 and an estimated maximum of $695,520.00 will be issued.

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. Specifically, FAR 6.302-2(b)(2) provides for the applicability of this authority in situations where “" delay in award of a contract would result in serious injury, financial or other, to the Government.”" The Bureau is experiencing such a situation with regard to its requirement for residential reentry and home confinement services in Albany, NY. Currently, the Bureau is in the process of completing a replacement contract. It needs to continue services at the current location in order to ensure continuity of services for the federal offenders.

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 issue a contract to Community Resources for Justice, Inc. under unusual and compelling urgency for the period from March 1, 2017 through Aug 31, 2017 for RRC services.

A contract to continue RRC services will be issued 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 will expire 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 starting March 1, 2017.

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 inmates in Albany, NY.

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 will expire on February 28, 2017.

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:

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.

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, 2017 through August 31, 2017.

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:

Concurrence:

Approval: