JOFOC Red.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

Lubbock, Texas

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:

This action is for a maximum four-month extension under other than full and open competition procedures for continued RRC and HC services for Federal offenders located in Lubbock, Texas. The services are being exercised pursuant to FAR 52.217-8, Option to Extend Services. During the initial evaluation phase of the contract, pricing for the FAR 52.217-8, Option to Extend Services was not evaluated by the Government, although FAR 52.217-5, Evaluation of Options, was included as a solicitation provision.

Therefore, justification and approval is required in order to exercise the option and extend services.

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

Services requires are Residential Reentry Services (RRC) and Home Confinement Services (HC) located in Lubbock, TX. Period of Performance is from June 1, 2021 and will not to exceed September 30, 2021 under this justification.

The estimated value for this period is

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.

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

Contract DJB200276 ends on May 31, 2021. The replacement solicitation, Request for Proposals (RFP) 15BRRC20R00000294 was issued for services in the Lubbock, Texas area. The awardee requires additional time to make renovations to the facility before beginning performance.

The extension of the contract will allow for continuity of services until the newly awarded contract begins performance.

The services required are of an unusual and compelling urgency due to the Bureau’s essential need. 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 offenders to a secure institution conflicts with the current health guidelines to maintain social distancing and Attorney General Barr’s directive to 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.”

From a technical standpoint, Dismas Charities, Inc. is providing the services required by the Bureau at an acceptable level. The Residential Reentry Manager’s Office and the Residential Reentry Management Branch determined that The Dismas Charities, Inc. can continue providing the required services at the required quantity during this period.

The closest facilities under contract with the Bureau are currently at capacity and do not have the capability to accept additional placements. Dismas Charities is the only contractor that has the proper personnel and facility to satisfy the Bureau’s requirements for RRC services by the required start date to ensure the continuity of services at the required quantity.

6. Efforts made to solicit from as many sources as practicable, including whether or not a notice was published in the government-wide point of entry (GPE):

As noted above, the contract includes FAR 52.217-8, Option to Extend Services, which allows the Bureau to receive services under this contract for a maximum of six additional months. Therefore, a notice was not published in the GPE. A modification to exercise the option to extend services is required prior to the expiration of the contract on May 31, 2021.

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

The contractor has agreed to continue services at the current rate of per inmate day x 122 days x 45 placements/month for RRC beds and per inmate day x 122 days x 5 placements/month for HC placements. The Bureau anticipates extending the contract no more than four months. The Contracting Officer has determined that prices offered to the Government are fair and reasonable based on a comparison of current Government contract prices for RRC services in similar geographical locations.

Contractor’s Name

Location/Are a of Services

Type of Services

Contract Number

Date of Performance Rate

Dismas Charities

Lubbock, TX RRC/HC DJB200276 06/01/2021 - 10/01/2021

Dismas Charities

Lubbock, TX RRC/HC RFP15BRRC1 8R00000099

09/01/2021 - 08/31/2022

Volunteers of America, Texas

Fort Worth, TX RRC/HC 15BRRC20D0 0000157

07/01/2020 – 06/30/2021

Crosspoint San Antonio, TX

RRC/HC 15BRRC19D0

0000143

10/01/2020 – 09/30/2021

GEO Reentry Brownsville, TX

RRC/HC 15BRRC19D0

0000200

07/01/2020 – 06/30/2022

The Salvation Army

Waco, TX RRC/HC 15BRRC19D0 0000142

08/01/2020 - 07/31/2021

8. Description of the market survey conducted:

RFP 15BRRC18R00000294 resulted in one proposal being submitted.

Additionally, Dismas Charities is the only contractor that has the proper personnel and facility to satisfy the Bureau’s requirements for RRC services by the required start date to ensure the continuity of services.

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:

Dismas Charities provided an email expressing interest to continue providing RRC services and Home Confinement services. Inmate day rates will not exceed the current rates for RRC services and Home Confinement services.

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

RFP 15BRRC20R00000294 was issued utilizing full and open competition and is in the final phase of award. The apparent awardee has indicated that they will need approximately 90-120 days to complete renovations. Award is anticipated by May 31,

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:

Donna Grube Date Contracting Officer, Residential Reentry Contracting

Concurrence:

Michael Bodine Date Chief, Residential Reentry Contracting

Approved By:

Catherine S. Scott Date Chief, Acquisitions Branch

03/09/2021

4/01/2021

DONNA GRUBE

Contracting Officer Federal Bureau of Prisons

2021.03.09 12:07:26 -05'00'

LAURENCE

FAYTAREN

Digitally signed by

LAURENCE FAYTAREN

Date: 2021.04.01 06:34:51 -04'00'

MICHAEL

BODINE

Digitally signed by

MICHAEL BODINE

Date: 2021.04.01 09:20:30 -04'00'