JOFOC for 15BPCC20C00000035_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Privatized Corrections Contracting

Taft Correctional Institution (Taft CI) Located in Taft, California

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Acquisitions Branch, Privatized Corrections Contracting (PCC).

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 privatized corrections services at the Taft Correctional Institution (Taft CI) 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.

The action to be approved is an unusual and compelling urgency procurement under other than full and open competition procedures for continued privatized corrections services for Federal offenders at Taft CI located in Taft, California.

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

Contract 15BPCC20C00000035 was awarded to the current contractor, Management & Training Corporation (MTC), with a 30 day performance period under unusual and compelling urgency for the period of May 1, 2020 through May 31, 2020 for privatized corrections services.

The Bureau had not considered closing the Taft CI down due to it being a federally owned correctional institution.

Previously, when a contract was completed, a new contractor would begin performance thus keeping the institution operational. Over the past few years the area has been hit with earthquakes. As a result, the institution has suffered foundation settlement issues causing the collapse of buildings on the grounds as well as serious structural cracks within the other existing buildings. The full extent of damage resulting from the seismic activity was unknown. Last year, two building sustained damage that resulted in them being condemned. This lead to additional studies being completed to determine the structural integrity of the remaining buildings onsite.

The structural integrity study found additional damage, previous unknown, was present in the remaining buildings.

An additional study was completed to determine the overall extent of the damage as well as the work required to fix the institution. This report identified required repairs would exceeded $100 million dollars. Given the results of the studies, the Bureau determined it was in the best interest of the government to close the institution. In doing so, the Bureau minimized any safety concerns to inmates and staff, as well reduced the overall cost of the repairs.

Closure of the institution was contemplated at the time of award and the resulting contract did not include a ramp-down period with sufficient time to complete closeout procedures. In addition, the COVID-19 pandemic has slowed closeout procedures due to businesses and government services being reduced or closed.

The additional 31 days will be used to transfer permits, exchange IT equipment so the Bureau does not lose network connectivity, transfer utilities, archive records, secure transport services and certify government furnished property records.

In order to properly transfer Taft CI back to the Bureau, a new contract 15BPCC20C00000035, in the estimated amount of $292,284.00 was issued to MTC, under unusual and compelling urgency, for the period of May 1, 2020 through May 31, 2020.

4. 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) provides for the applicability of this authority in situations where “an unusual and compelling urgency precludes full and open competition” and “delay in award of a contract would result in serious injury, financial or other, to the Government.”

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The incumbent, MTC is the only entity capable of completing the work required. The utilities and permits that must be transferred are in MTC’s name and MTC is the only authority capable of completing the necessary transfers. MTC signed contract 15BPCC20C00000035 to provide the required services at the Taft CI by the performance start date of May 1, 2020.

The Contracting Officer has reviewed all documentation and agrees. MTC is able to provide services to the Bureau and without risk to the community starting May 1, 2020.

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. Therefore, contract 15BPCC20C00000035 was awarded with a performance period of May 1, 2020 through May 31, 2020.

7. Contracting Officer’s determination that cost to the Government will be fair and reasonable:

The Contracting Officer has determined that the cost to the Government of $292,284.00 is fair and reasonable based on a comparison of staff required to complete the services and the prevailing Wage Determination.

8. Description of the market survey conducted:

The market survey was not conducted due to the fact that MTC was the only contractor capable of completing the services required within the period of performance.

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

None

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

MTC expressed interest in completing close out services at the Taft CI starting May 1, 2020.

11. Actions taken by the agency to remove or overcome barriers to competition:

No actions could have been taken to remove barriers to competition.

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:

Contracting Officer Date

Privatized Corrections Contracting

Concurrence:

Chief Date

Residential Reentry Contracting

Chief Date

Acquisitions Branch

Con