JOFOC SAM DJB200282.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Residential Reentry Center and Home Confinement Services

Saint Louis, Missouri

DJB200282

1. Identification of the agency and the contracting activity and specific identification of the document as a “Justification for other than full and open competition:”

Federal Bureau of Prisons Residential Reentry Contracting 320 First Street N.W., Room 901-5 Washington, DC 20534

2. Nature and/or description of the action being approved:

Pursuant to Federal Acquisition Regulation (FAR) Part 6.302-2(b)(1) and (2), the Bureau has a continuing need for Residential Reentry Center (RRC) and Home Confinement (HC) services in Saint Louis, Missouri. This limitation of competition is justified in accordance with FAR Subpart 6.303-2 Content.

The action to be approved is for a modification exercising FAR 52.217-8 Option to Extend Services, prior to the end of the contract on September 30, 2021. This action is subject to FAR 52.232-18 Availability of Funds.

During the initial evaluation phase of the contract, pricing for the option to extend services was not evaluated by the government, although the clause was included in the solicitation and resulting contract. Therefore, justification and approval is required in order to exercise the clause and extend services.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value):

The Bureau has a continuing need for RRC and HC services in Saint Louis, Missouri for the period of October 1, 2021 through March 31, 2022. The estimated value is $4,871,548.80.

4. An identification of the 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.

08-21-0069, RRC, Saint Louis, Missouri

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

Contract DJB200282’s fourth option period ends on September 30, 2021. The replacement solicitation, Request for Proposal 15BRRC20R00000278 was issued for services in the Saint Louis, MO area. There were a total of three offerors and proposals are being evaluated by the technical evaluation team.

The Bureau anticipates the award of a contract resulting from this solicitation prior to November 30, 2021. However, the extension will also cover the 120 day start-up period, if not waived by the new awardee.

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 (up to 120 days) for the contractor to ensure its proposed facility is fully operational. The extension of the contract will allow for continuity of services until the replacement contract is awarded and can begin performance.

From a technical standpoint, Dismas House of Saint Louis is providing the services required by the Bureau at an acceptable level. The Residential Reentry Management office and the Residential Reentry Management Branch determined that The Dismas House of Saint Louis can continue to provide the required services at the required quantity during this period.

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.

The closest facilities under contract with the Bureau are currently at capacity and do not have the capability to accept additional placements. 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.”

Dismas House of Saint Louis is the only contractor that has the proper personnel and facility to satisfy the Bureau’s requirement for services by the required start date to ensure the continuity of services.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable:

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.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The contractor has agreed to continue services at the current rate of $608,193.60 per month for RRC services and $203,731.20 for HC Services. RRC services make up the majority of the usage. These rates were converted to a daily rate for comparison purposes below. The Contracting Officer has determined that the prices offered to the Government fair and reasonable, based on a comparison of the pricing for recently awarded contracts.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted:

Market research indicates that only Dismas House of Saint Louis has the proper personnel and facility to satisfy the Bureau’s requirements for RRC and HC services by the required start date to ensure the continuity of services.

9. Any other facts supporting the use of other than full and open competition:

N/A

10. A Listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

Dismas House of Saint Louis has provided an email expressing interest to continue providing RRC services and HC services.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The replacement contract has been solicited and is in the award process. Three proposals were submitted. Due to the complex nature of the requirement 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.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief:

Donna Grube Date Contracting Officer, Residential Reentry Contracting

08/02/2021

Concurrence:

Michael Bodine Date Chief, Residential Reentry Contracting

Catherine S. Scott Date Chief, Acquisitions Branch/Procurement Executive

Approved:

Loneryl Burns Date Senior Deputy Assistant Director for Administration/Competition Advocate

08-21-0069, RRC, Saint Louis, Missouri

CATHERINE SCOTT Digitally signed by CATHERINE SCOTT Date: 2021.08.16 10:37:28 -04'00'

LONERYL BURNS Digitally signed by LONERYL BURNS Date: 2021.08.16 20:52:42 -04'00'