JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FEDERAL CORRECTIONAL COMPLEX, TERRE HAUTE, INDIANA

Pursuant to Federal Acquisition Regulations (FAR) Part 6.302-2-2(b)(1), 6.302-2(b)(2) and the Federal Bureau of Prison Acquisition Policy (BPAP) 6.304(b)the Federal Bureau of Prisons has determined that the procurement of comprehensive medical services for the Federal Correctional Complex (FCC), hereinafter referred to as FCC located in Terre Haute, Indiana , meets the criteria established for other than full and open competition.

It is further determined that unusual and compelling urgency precludes full and open competition, and delays in award would result in 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 FCC Terre Haute Terre Haute, IN

2. Nature and or description of action:

This action is for the acquisition of comprehensive medical services for the inmate population at FCC located in Terre Haute, Indiana. The procurement of medical services is urgent in nature in order to provide continuity of care to the inmate population.

3. Description of supplies or services including estimated value:

As part of the mission of the FCC, comprehensive medical services are provided to the inmate population. When a medical needs arises, that cannot be provided by FCC Bureau of Prison staff, referrals are made to community based medical providers. The immediate availability of community based health care is critical to the orderly operation of the FCC. Additionally, the FCC is a care level III facility housing fragile inmates with conditions that require frequent clinical contact. These inmates with chronic or recurring conditions may require periodic hospitalization. A disruption of medical services would be detrimental to the orderly operations of the FCC.

This action is for the acquisition of comprehensive medical services pending the award of a new contract. This requirement is subject to the availability of funds (FAR 52.232-18). The services will be procured by purchase order. The period of December 6, 2017 thru December 31, 2017 and the estimated aggregate value for this requirement is $517,427.70.

4. Statutory authority:

This action is being conducted under authority of 41 U.S.C 3304(a)(2) and FAR 6.302-2(a)(2).

5. Reason for authority cited:

The Request for Contract Action packet for comprehensive medical service was provided to the Field Acquisition Office (FAO). FAO and the FCC are currently reviewing the offerors final proposals and anticipate contract award in the near future. The FCC continues to offer medical services to the inmate population. NaphCare Inc. has been the incumbent for approximately seven years and has an established network of medical providers and facilities available locally to continue to treat the FCC inmates. In an effort to maintain the continuity of medical care, it is in the best interest of the FCC to continue to utilize NaphCare Inc. to ensure the overall mission of basic and emergency health care if offered.

Therefore, it is in the best interest of the Government to procure these services from a vendor who can provide the services immediately.

Any delay in medical services to the FCC would severely disrupt the orderly operations.

6. Efforts made to obtain competition:

As stated in FAR 52.202(a)(2), the proposed contract action represents an unusual and compelling urgency, which precludes competition to the maximum extent practicable. Delay of contract award would result in serious injury, financial, or other, to the Government if the agency complies with the time periods specified in FAR 5.203. Therefore, due to the urgent nature of this procurement action, a synopsis notice was not required.

7. Determination of fair and reasonable:

Price has been analyzed by Contracting Officer and based on knowledge of the pricing for similar services. Therefore, pursuant to FAR 15.404-1(b)(2)(ii), prices for these services are deemed fair and reasonable. The Contracting Office will monitor pricing to ensure that it continues to satisfy this determination.

Description of the market research:

Extensive market research was conducted for the ongoing competitive acquisition that is currently being processed by FAO. The market research resulted in a competitively solicited acquisition. Market research for this temporary action was not conducted based on the urgent and compelling need to maintain the existing medical services to support the operations of the FCC pending the award of a contact.

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

Not applicable. Please refer to item 5.

10. List of source

Naphcare, Inc.

2090 Columbiana Road Suite 4000 Birmingham, AL 35216-2158

11. Statement of actions to remove competition barriers:

The acquisition of these services is necessary pending the award of a comprehensive medical services contract. The requirement is being competed and final evaluations of offerors proposals are being analyzed by FAO. 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. Certifications and Approvals:

In accordance with FAR 6.303-2(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 BPAP 6.301, to the best of my knowledge and belief that this request is not the result of lack of acquisition planning, or a desire to expend funds while those funds are still available. Contracting Officer have been aware of these services being provided. Circumstances prevented the timely processing of this document.

12/8/2017 Digitally signed by ALFRED RAUSCHUBER DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=ALFRED RAUSCHUBER, 0.9.2342.19200300.100.1.1=15001000663620 Date: 2017.12.08 13:57:50 -06'00'