JOFOC - NAPHCARE - SIGNED.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 (F AO) 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 ofFCI 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 commuhi_ty-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 artd 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 purchase order. The current Continuing Resolution is set to expire this month, on December 16, 2022. Award is being made for December 1, 2022 through December 16, 2022, in the amount of$45,000. Upon receiving additional funds, the award will be modified and an estimated additional $50,000 added to the award, along with the performance period modified to December 31, 2022.

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 Requir,es 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 F AO in December 2021 for their review. We received the packet back in May 2022 for edits and for additional information to he added to the packet. The packet was officially returned to the F Ao in May ·2022, but due to a system error, was not received initially and had to be regenerated in June 2022. We are awaiting an award notification from FAO. 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 seamlessly. 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:

9.

As part of the overall mission ofFCI 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 disrupf the orderly operation of the institution. Due to the urgency of this procurement no market research was conducted.

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

Not appHcable. Pl~ase refer to section 5 .

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

Du~ to the_u!gency of this acqu:ishion, there were rio other sources contacted:

·. 11. . . Actions Taken by.the· Agency to Remove or nve~co·ine Ba:rrie~s.to Competitions:

The acqti1sitio~ of these service~ is necessary ·pending the award· ~fa coniprehensi~e · medical contract. Once the new· contract is Competitively awarded, medical services

. : acquired from a:single source withoµt competition will riot be necessary. The.institution and Health•se,rvices Jjepartmeht faced:inany·ch.alleriges:with COVID-19,.chaiige:of

' staffing, and the new Unit.ed Financial Management System being implemen,ted that all:

prevented:the completion of the RCA packet earlier . .The Health Services Department is

. aware of the required acquisition:leaci times as per policy; .

· 12. ·contractin·g 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 belie£ ·

• Submitted by: ·

ELIZABETH BQQ KE ff Di;itally ~ign~d by ~LiZABETti BOOK~R · .

. . . . . . : . . . / •-Date: 2022.12.07 10:11 :1 0 -05'00' · ..

EHzabeth McNealy; Contract Spedalist FCI Tallaha·ssee

Shannon Bass, Health Services Administrator . · ·. FCITallahassee

I.

. I

.. ,;, b}c,~.

· Date·