JOFOC_Knoxville,TN_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT #DJB200328

Located within Knoxville, Tennessee

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 the city limits of Knoxville, Tennessee area 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 a new contract to Midway

Rehabilitation Center (Midway) under other than full and open competition procedures for continued RRC services for Federal offenders located within city limits of Knoxville, Tennessee.

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

RRC services located within city limits of Knoxville, Tennessee for the period April 1, 2017 through September 30, 2017.

A new contract numbered DJB200328 with an estimated amount of will be issued to Midway.

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 RRC and home confinement services in Knoxville, TN. 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 facility within the city limits of Knoxville, Tennessee currently house male and female federal offenders. The current contract will expire March 31, 2017.

The original solicitation for the city limits of Knoxville, Tennessee area (RFP-200-1298-CS) was issued and proposals were received on June 7, 2016.

As a result of these changes the Government has been unable to award a replacement contract located within city limits of

Knoxville, Tennessee during the current contract due to a number of unforeseen issues regarding the changes and inconsistencies within the 2016 Statement of Work which has resulted in delays with the offerors negotiations and evaluations.

This need for services is a direct result of the length of time required to complete evaluations of the proposals and the time allowed after the estimated date of award (120 days) for the contractor to ensure its proposed facility is fully operational.

This contract will allow for continuity of services while a replacement contract is awarded and the contractor prepares the facility for operational availability.

From a technical standpoint, Midway is currently providing the services required by the Bureau.

The Contracting Officer has reviewed all of the documentation and agrees. Midway is able to continue providing services without risk to the community and to the Bureau by April

1, 2017.

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 essential need. There is an only one contract for

RRC services for federal offenders located within the City limits of Knoxville, Tennessee. If services cannot be provided at this location, the Bureau has two options: Transfer offenders to another RRC to continue receiving services or return the offenders to a secure institution.

Returning the offenders to a secure institution does not provide any quantifiable benefits to the offenders or to the Government and could negatively impact the offenders’ successful completion of the reentry program.

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 (FAR

Part 52.217-8) was exercised under Contract DJB2000076, the original contract, will expire on March 31, 2017. Based on the market research completed during the solicitation for the replacement contract for Knoxville, Tennessee area

(RFP-200-1298-CS), no provider was found that could provide the requirements and be ready to perform by the start of preformance

April 1, 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.

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for Request for Proposal (RFP) RFP-200-1298-CS is applicable to the JOFOC.

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:

Midway provided an e-mail expressing interest to continue providing RRC services through September 30, 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:

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