JOFOC.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Washington, D.C. 20534

MEMORANDUM FOR RANDALL C. BURLESON, CPCM

SENIOR DEPUTY ASSISTANT DIRECTOR FOR

ADMINISTRATION / PROCUREMENT EXECUTIVE

COMPETITION ADVOCATE

FROM: Kristina Sullivan, Chief Procurement Operations Branch

SUBJECT: Justification for Other than Full and Open Competition

The purpose of this memorandum is to request your approval of the attached Justification for Other than Full and Open Competition for the procurement of urgent medical services for an Adult in Custody (AIC) at the Federal Prison Camp Duluth located in Duluth, Minnesota. The overall estimated value for this service is $3,000,000.00.

Note from CMCS SC- This JOFOC is needed due to an emergency medical case. The AIC was transferred via ambulance from inpatient status at an in-network contract hospital to University of Minnesota. Services were needed for specialized treatment of mixed phenotype lymphoma with varied chemotherapy regimens that were untreatable at any in-network facilities.

University of Minnesota is the only facility within the immediate area that offered the level of care needed. The inmate is pending acceptance into the University of Kentucky’s program for a bone marrow transplant and custody will be transferred to the Federal Medical Center located in Lexington, KY.

This justification has been reviewed and meets all applicable Federal Acquisition Regulation requirements.

If you have any questions, please let me know.

Justification for Other than Full and Open Competition (JOFOC) FPC Duluth

Pursuant to the Federal Acquisition Regulations (FAR) Subpart 6.302-2(a)(2), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304(c), the Federal Bureau of Prisons (BOP) has determined the procurement of urgent medical services for an inmate at the Federal Prison Camp Duluth (FPC), herein after referred to as “institution”, located in Duluth, Minnesota 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. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.”

Department of Justice Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Duluth, Minnesota 55811

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

This action is for the acquisition of urgent medical services for an Adult in Custody

(AIC) at FPC Duluth through Seven Corners, Inc. The services will be procured by a firm-fixed-price purchase order.

3. A description of the supplies or services required to meet the agency’s needs.

As part of the mission of the institution, medical services are provided to the AIC population. In meeting the healthcare needs of the AIC population, the BOP provides essential medical, dental, and mental health services to Federal inmates. When a medical need arises that cannot be provided by the institution medical staff, referrals are made to community-based medical providers.

This action is for out-of-network medical services, that are being provided by University of Minnesota for an urgent treatment. The hospitalization has encompassed 150 days and is ongoing. The comprehensive medical services (CMS) contractor, Seven Corners, will process the claims, pay the facility, and invoice the BOP.

The services will be procured by purchase order. The proposed performance period will be from February 19, 2024, through September 30, 2024, with an estimated total cost of

$3,000,000.00.

4. An identification of the 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)(2) as implemented by FAR 6.302-2, Unusual and Compelling Urgency. Specifically, FAR 6.302-2(b)(1) provides for the applicability of this authority in situations where “an unusual and compelling urgency precludes full and open competition.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The current CMS contract for FPC Duluth does not include University of Minnesota as an in-network hospital. This urgent case was transferred via ambulance from inpatient status at an in-network contract hospital to University of Minnesota. Services were needed for specialized treatment of mixed phenotype lymphoma with varied chemotherapy regimens that were untreatable at any in-network facilities. University of Minnesota is the only facility within the immediate area that offered the level of care needed. The inmate is pending acceptance into the University of Kentucky’s program for a bone marrow transplant and custody will be transferred to the Federal Medical Center located in Lexington, KY.

6. A 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 and if not, which exception under 5.202 applies.

In accordance with FAR 5.201(b)(1), the proposed action was transmitted to the governmentwide point of entry when a comprehensive medical contract was established.

No offerors established an agreement with University of Minnesota during the solicitation process.

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

Pursuant to FAR 15.404-1(b)(2)(ii), the Contracting Officer has determined that the pricing for these services is deemed fair and reasonable. The pricing negotiated with Seven Corners is considered to be fair and reasonable based on rates paid in the past at this facility and by analyzing rates that are currently negotiated at other BOP facilities for similar services.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Extensive market research was conducted during the award of the current Comprehensive Medical Contract. The urgent nature of this acquisition precluded the ability of the contracting staff to perform additional market research prior to the services being rendered.

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

As part of the overall mission, FPC Duluth is to provide basic and emergency health care. Therefore, it was in the best interest of the Government to procure these services from a vendor who can provide the services immediately. Any delay in providing the medical services to FPC Duluth would severely disrupt the orderly operation of the institution.

10. A listing of the 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 immediate 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 any subsequent acquisition for the supplies or services required.

No actions are identified.

12. Contracting officer 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 BPAP 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:

Hannah Mendenhall, Contracting Officer Date Field Acquisition Office

I certify that the supporting data provided by the technical and requirements personnel which forms the basis for this justification is complete and accurate to the best of my knowledge and belief.

Whitney Palmisano, Health Services Administrator Date

Concurrence:

B. Eischen Date

Jared Hamblin, Section Chief, CMCS Date

Kathy Cole, Chief Date

Approved:

Randall C. Burleson, CPCM Date Senior Deputy Assistant Director/Procurement Executive for Administration Division/Competition Advocate

HANNAH

MENDENHALL

Digitally signed by

HANNAH MENDENHALL

Date: 2024.07.18 14:19:11 -05'00'

WHITNEY

PALMISANO

Digitally signed by

WHITNEY PALMISANO

Date: 2024.07.22 15:24:53 -05'00'

KATIE

KORNDER

Digitally signed by KATIE

KORNDER

Date: 2024.07.22 15:26:15 -05'00'