Mexico_Prison_Accreditation_J&A.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6.3

1. Identification of the agency and the contracting activity:

INL’s Office of Grants, Acquisitions, Procurement and Policy is conducting this acquisition of other than full and open competition for international accreditation of prison facilities on behalf of Bureau of International Narcotics and Law Enforcement Affairs (INL) of the US Embassy Mexico City. The estimated award amount is $1.6 million.

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

The description of services is to obtain international accreditation of prison facilities to support the efforts of Mexican penitentiary agencies to achieve international accreditation of their prisons, academies and central offices.

3. A description of the supplies or services required to meet the Department’s needs.

The overall objective of this project is to enhance prison conditions by achieving compliance of the International Core Standards developed by the American Correctional Association (ACA). The specific objectives of this project are to:

Accredit / reaccredit 40 prisons per year (allocated between federal and state facilities).

Perform six technical assistance visits (TAV) per year.

Document conditions of confinement ensuring facilities are at an appropriate level measured in accordance with national correctional standards.

Review and approve documentation placed in approximately 137 International Core

Standards files including the areas of 1) safety 2) security 3) order 4) care 5) program and activity areas, 6) justice and 7) administration and management.

Recommend approval or denial of accreditation to the Commission on Accreditation for Corrections (CAC). The Commission on Accreditation is responsible for rendering accreditation decisions and is divided into accreditation panels authorized to render such decisions.

Conduct a panel hearing by the commission with the agency (prison representative) attending and providing information about any critical issues that may occur.

Approval or denial will occur by vote at the panel hearing.

The requirement is to provide international accreditation and reaccreditation of the Mexican prison systems. This will allow the Bureau of International Narcotics and Law Enforcement Affairs (INL) to accomplish the mission objective of preventing transnational criminal organizations from operating in and from within penitentiaries by improving the capacity of Mexico’s prisons system to more effectively manage its inmate population and conduct meaningful reforms at the federal and state level.

4. An identification of the statutory authority permitting other than full and open competition.

☒ FAR 6.302-1 - Only one responsible source and no other supplies or services satisfy agency requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

ACA is the only nationally or internationally recognized accrediting body for correctional facilities. In 2016, the Government of Mexico signed an agreement as part of the National Penitentiary Conference stating all Mexican states will have at least one prison accredited under ACA International Standards.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Market research was conducted to determine if any other companies are available to provide the service. Although there are organizations that provide services to prisons and jails, they are not accredited within Mexico. ACA is the sole provider currently accepted by the Government of Mexico (GOM).

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the Government is fair and reasonable.

The Contracting Office determines the anticipated price to be fair and reasonable based on comparison to previous contracts as well as prices in the marketplace.

8. A description of the market survey conducted (see Part 10) and the results or a statement of the reasons a market survey was not conducted.

There are only two other organizations in this sphere. One is specific to jails, which falls outside of the scope of the INL Mexico Corrections program. The other is more of a professional association and does not audit on international standards.

An internet search does not reveal any professional organizations that conduct accreditations and audits of correctional facilities and meet the requirements of the Mexican government other than the American Correctional Association (ACA). The ACA has been identified as the only vendor that can provide the services with the characteristics requested. In addition, an RFI was posted on FedBizOpps and both responding companies did not meet the requirements of the SOW as the Government of Mexico only allows accreditation via ACA.

9. Any other facts supporting the use of this justification.

N/A

10. A listing of any sources that expressed a written interest in the acquisition.

Two vendors submitted capability statements from an RFI posted on FBO. However, INL/Mexico determined neither met the requirements based on the government of Mexico only allowing accreditation via ACA.

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.

This J&A for other than full and open competition will be published on FedBizOpps (www.FBO.gov) in accordance with FAR Section 6.305 within fourteen (14) days of award.