JOFOC Home Confinement Electronic Monitoring Services_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

HOME CONFINEMENT/ELECTRONIC MONITORING SERVICES

Prince Georges or Montgomery County, Maryland; Arlington or Fairfax

County, Virginia; or the District of Columbia

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons

(Bureau), Administration Division, Acquisitions Branch, Residential Reentry Contracting Section.

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 home confinement/electronic monitoring services 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 under other than full and open competition procedures for a contract to provide home confinement/electronic monitoring services for male Federal offenders whose home confinement residences are located in Prince Georges or Montgomery County, Maryland; Arlington or Fairfax County, Virginia; or the District of Columbia.

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

Home confinement/electronic monitoring services for a guaranteed minimum of 75 home confinement placements/day and an estimated maximum of 250 home confinement placements/day for a six-month base period and two, three-month option periods for a total period of performance from April 26, 2020 through April 25, 2021.

Contract 15BRRC20D00000308 was awarded to CORE DC, LLC on

April 17, 2020 for a guaranteed minimum amount of $439,200.00 for the six-month base period with an estimated maximum amount of

$2,920,000.00 for the six-month base period and two, three-month option periods.

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. 3304(a)(2) as implemented by FAR 6.302-2, Unusual and

Compelling Urgency.

05-20-0061, JOFOC, RRC, Home Confinement/Electronic Monitoring Services

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

Contract 15BRRC19D00000217 requires services for a maximum of 300 male offenders in Washington DC and the surrounding area. Under the terms of the contract, an estimated maximum of 240 offenders are housed in the facility and an estimated maximum of 60 offenders are placed on home confinement.

Contract 15BRRC19D00000217 expired on April 30, 2020.

Contract 15BRRC19D00000090 (in response to RFP-200-1270-ES) for

Residential Reentry Center (RRC) services and home confinement services in Washington, DC was awarded on November 1, 2018. An offeror submitted a protest to the U.S. Government Accountability

Office (GAO). Based on GAO’s recommendations, discussions were re-opened.

At this time, the Bureau does not have an anticipated award date for the replacement contract.

On March 26, 2020, Attorney General (AG) Barr directed the Bureau to “prioritize the use of your various statutory authorities to grant home confinement for inmates seeking transfer in connection with the ongoing COVID-19 pandemic.” The Cononavirus Aid, Relief, and Economic Security (CARES) Act, signed into law the next day, includes provisions to waive the limit on home confinement to the last ten-percent of a person’s prison term (up to six months). The CARES Act also authorized AG Barr to expand the cohort of inmates who can be considered for home release upon a finding that emergency conditions are materially affecting the functioning of the Bureau.

This requirement is of an unusual and compelling urgency due to the continuing coronavirus pandemic and the difficulties encountered as described above in awarding a replacement contract.

If services cannot be provided for offenders residing in these locations, the Bureau has two options: Return the offenders to a secure institution or transfer offenders to another RRC to continue receiving services.

Returning offenders to a secure institution conflicts with the current health guidelines to maintain social distancing and AG

Barr’s directives.

The closest locations under contract with the Bureau to provide

Home Confinement/Electronic Monitoring services are located in

Washington, DC and Baltimore, Maryland.

6. Efforts made to solicit from as many sources as practicable, including whether or not a notice was published in the Government

Point of Entry (GPE):

Based on the urgent requirements of these services, the exception at FAR 5.202(a)(2) applies, therefore; a notice was not published in the GPE.

The deadline for receipt of offers was April 14, 2020. The Bureau received and evaluated three offers. Contract 15BRRC20D00000308 was awarded on April 17, 2020.

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

Award of Contract 15BRRC20D00000308 was based on the lowest price technically acceptable source selection process in accordance with FAR 15.101-2.

8. Description of the market survey conducted:

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

N/A

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

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

As noted above, this urgent and compelling requirement was precipitated by

The Bureau anticipates award of a contract for residential reentry center services and home confinement services resulting from RFP-200-1270-ES.

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:

Stefanie Skroch Date Contracting Officer Residential Reentry Contracting

Concurrence:

Michael Bodine, Chief Date Residential Reentry Contracting