JOFOC - NAPHCARE.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2(a)(2) and 6.302-2(b), and Federal Bureau of Prisons Acquisition Policy (BPAP) 6.304(a), the Federal Bureau of Prisons (BOP) has determined that the procurement of Comprehensive Medical Services for the Federal Correctional Institution (FCI) and the Federal Detention Center (FDC), hereinafter referred to as FCI Tallahassee, located in Tallahassee, Florida, 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. 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 in accordance with FAR Part 6.303-2:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution 501 Capital Circle NE Tallahassee, FL 32301

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of Comprehensive Medical Services for the inmate population at FCI Tallahassee, located in Tallahassee, FL, pending the award of a multi-year contract by the Field Acquisition Office (FAO) in Grand Prairie, Texas. The procurement of this service is urgent in nature in order to provide continuity of care to the inmate population.

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

As part of the mission of FCI Tallahassee, community and institution based medical care are provided to the inmate population. The facility is responsible for delivering medically necessary services to the inmate population. When a medical need arises which cannot be provided within the institution by BOP staff, referrals are made to community-based medical providers. The incumbent provider for these services, Naphcare Inc., has an established network of local facilities and physicians which provides FCI Tallahassee access to inpatient/outpatient facility and physician services. In an effort to maintain continuity of care and avoid any disruptions in obtaining the necessary medical care, it has been determined to be in FCI Tallahassee’s best interest to continue to utilize Naphcare Inc., who can continue to provide the required services without delay. The Comprehensive Medical Services will be procured by way of monthly purchase order.

The estimated total cost per month will be $110,000.00, to include both inside and outside based medical services.

4. Statutory Authority Permitting Other Than Full and Open Competition:

This action is being procured under authority of 41 U.S.C. 253(c)(2) and implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Services under the previous Comprehensive Medical Services Contract, DJBP031400000031, with Naphcare Inc., expired April 2022. FCI Tallahassee’s Health Services Department was late completing the Request for Contract Action (RCA) Packet.

A preliminary RCA Packet was sent to the FAO in December 2021 for their review. We received the packet back in May 2022 for edits and for additional information to be added to the packet. The packet was officially returned to the FAO in May 2022, but due to a system error, was not received initially and had to be regenerated in June 2022. The institution has a responsibility to provide necessary medical care to inmates incarcerated at this facility. Naphcare Inc. is the incumbent provider and already has a system set in place that will allow FCI Tallahassee to continue services seemlesly. Further delay of procurement of the necessary services could result in neglect of an inmate’s needs, which creates a substantial liability risk to the government.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or

Not a Notice Was or Will be Publicized as Required by FAR Part 5.2:

In accordance with FAR 5.202(a)(2), this contract action is determined to be of an unusual and compelling urgency which precludes competition to the maximum extent practicable. Delay of a 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 and unusual nature of this procurement action, a synopsis notice was not required.

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

Naphcare is the incumbent for FCI Tallahassee’s Comprehensive Medical Services

Contract. All required provider credentialing and background clearances have been completed. Naphcare is providing services at the same rates, terms and conditions of the expired contract that was originally synopsized, determined fair and reasonable, and awarded. Furthermore, the institution has a responsibility to provide necessary medical care to inmates incarcerated at this facility. Further delay of procurement of the necessary services could result in the neglect of an inmate’s needs, which creates a substantial liability risk to the government. The Contracting Officer has determined this price to be the best value to the government.

8. Description of the Market Survey Conducted:

As part of the overall mission of FCI Tallahassee, we are required to provide basic and emergency health care to the inmate population. Therefore, it was in the best interest of the Government to procure the services immediately without delays. Any delay in providing the medical services would severely disrupt the orderly operation of the institution. Due to the urgency of this procurement no market research was conducted.

9. Other Facts Supporting the Use of Other Than Full and Open Competition:

Not applicable. Please refer to section 5.

10. List of Sources, Expressing in Writing, Interest in the Acquisition:

Due to the urgency of this acquisition, there were no other sources contacted.

11. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

The acquisition of these services is necessary pending the award of a comprehensive medical contract. Once the new contract is competitively awarded, medical services acquired from a single source without competition will not be necessary. The institution and Health Services Department faced many challenges with COVID-19, change of staffing, and the new United Financial Management System being implemented that all prevented the completion of the RCA packet earlier. The Health Services Department is aware of the required acquisition lead times as per policy.

12. Contracting Officer’s Certification:

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.

Submitted by:

Elizabeth Booker, Contract Specialist FCI Tallahassee