JOFOC_Redacted_Oct_thru_Dec_15BRRC18D00000078__Billings,_MT.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT 15BRRC18D00000078

Located in Billings, MT

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 Billings, MT 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 to amend award of contract

15BRRC18D00000078 to Alternatives, Inc. under other than full and open competition procedures for continued RRC services for Federal offenders in Billings, MT.

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

RRC services located in Billings, MT. for the period October 1, 2018 through December 31, 2018.

A new contract numbered 15BRRC1800000078 with an estimated amount of $165,347.00 ($79.00 per inmate day) was issued to

Alternatives, Inc. for the period of April 1, 2018 through June

30, 2018. A modification to contract 15BRRC18D00000078 with an estimated amount of $167,164.00 ($79.00 per inmate day) will be issued to Alternatives, Inc. for the period of October 1, 2018 through December 31, 2018.

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 Billings, MT. Currently, the Bureau is in the process of competing a replacement contract for these services. The Bureau 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 is located in Billings, MT currently house 23 male and female federal offenders. The current contract will expire

September 30, 2018.

The replacement solicitation for the city limits of Billings, MT area (RFP-200-1297-WS) was issued and proposals were received on

September 18, 2017. On March 21, 2017 a decision was made by the

Bureau to reassess the Residential Reentry and Home Confinement requirements. Solicitations were placed on hold while the

Residential Reentry Management Branch revised the current

Statement of Work and determined if the bed numbers were consistent with need. On June 27, 2017, the RRMB determined that although the quantities required remained the same, a revised SOW was required to be incorporated into the solicitation. In addition, the contract type changed from a firm-fixed price (monthly) services contract with a one-year Base Year and four one-year Option Years to an indefinite delivery/indefinite quantity type contract with a one-year Base Year and nine one-year Option Years.

The Bureau incorporated these changes to current practices, policies, and procedures into a new SOW, dated March 2017. The

Government has been unable to award a replacement contract located within city limits of Billings, MT during the current contract due to a number of unforeseen issues regarding the changes and inconsistencies within the 2017 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, which is currently in the evaluation phase, and the contractor prepares the facility for operational availability. The Current solicitation is in the final proposal stage and this time period will allow for the award of a new contract and provide flexibility on these dates to account for any unforeseen delays in award.

From a technical standpoint, Alternatives, Inc. is currently providing the services required by the Bureau. The closest facilities with contracts with the Bureau will not have available bed space. The Salt Lake City Residential Reentry Manager’s

Office and Residential Reentry Management Branch have determined that Alternatives, Inc. can provide the required services at the required quantity within city limits of Billings, MT by the performance start date of October 1, 2018. The Contracting

Officer has reviewed all of the documentation and agrees.

Alternatives Inc., is able to continue providing services without risk to the community and to the Bureau by October 1, 2018.

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 Billings. MT. 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.

The closest facilities under contract with the Bureau are Great

Falls, MT; and Butte, MT located 218 - 224 miles away. Based on the RRC utilization report, those facilities will not have available bed space to house the projected number of 23 additional offenders. 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; therefore a notice was not published in the GPE. Due to the complex nature of the requirement, it takes approximately 18 months to competitively solicit and award a

RRC contract. The urgency of this requirement does not allow adequate time to solicit from other sources.

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.

Contractor’s

Name

Location of

Services

Type of

Svcs

Contract

Number

Date of

Performance

Rate

Port of Hope

Centers, Inc.

Coeur D Alene RRC DJB200238 OY2

7/1/2018‐ 6/30/2019

$131.50

Northwest

Regional Reentry

Center, Inc.

Portland, OR RRC DJB200230 OY3

7/1/2018‐ 6/30/2019

$139.05

Pioneer Human

Services

Spokane, WA RRC DJB200268 OY2

5/1/2018‐ 4/30/2019

$118.82

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for Request for Proposal (RFP) RFP-200-1297-WS 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:

Alternatives, Inc provided an e-mail expressing interest to continue providing RRC services through December 31, 2018.

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:

_10/25/2018__ _

Pattie Williams Date

Contracting Officer

Residential Reentry Contracting