Redacted_JOFOC_SEPT2018_thru_NOV2018_Albany__NY.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC) SERVICES

ALBANY, NY.

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 Albany, NY 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 and Property Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

The action to be approved is an unusual and compelling urgency procurement under a JOFOC for continued RRC services for Federal offenders located in Albany, NY.

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

RRC services in Albany, NY for the period September 1, 2018 through November 30, 2018. Contract numbered 15BRRC18D00000061 was awarded on February 26, 2018. A modification to contract 15BRRC18D00000061 with an estimated amount of $353,808.00 ($108.00 per inmate day) will be issued Community Resources for Justice, Inc.

On March 21, 2017 a decision was made by the Bureau to reassess the Residential Reentry and Home Confinement requirements. As a result, all solicitations were placed on hold while the Residential Reentry Management Branch revised the Statement of Work and determined if the bed numbers are consistent with need.

On May 9, 2017, the RRMB determined that although the quantities required remained the same, a revised SOW must 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 four one-year Option Years. The revised requirements were incorporated into the solicitation via amendment. The Bureau requested a revised proposal in response to the revised requirement and the revise proposal is currently being evaluate

As the incumbent contractor, Community Resources for Justice, Inc.is the only offeror capable of providing the services, since it is uniquely situated to continue providing services without risk to the community and to the BOP, for the required period of time. Community Resources for Justice, Inc. does not require any start-up time, has the personnel already in place to provide the RRC services, and is the only provider to be able to offer RRC services without disruption.

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.

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

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 Albany, New York. Should services not be provided at this location, the Bureau will be required to either transfer the offenders to another RRC so that they may continue to receive services or return the offenders to a secure institution.

Contract DJB200065 was awarded to Community Resources for Justice, Inc. on April 25, 2011 with a one-year base-period and four one-year option periods with performance beginning on September 1, 2011. The option to extend services was exercised under Contract DJB200065.

Due to the continued need of services contract 15BRRC18D00000061 was awarded for an estimated $354,384.00 ($107.00 per inmate day).

The replacement solicitation for (RFP) 200-1295-ES, to provide RRC Services for Federal offenders located in Albany, NY was issued and proposals were received on November 17, 2017.

Community Resources for Justice, Inc. is currently providing RRC services to the Bureau in this area and is the incumbent contractor.

Due to the complexity of the requirement there is a need for an extension of services. The RRC services covered in Contract 15BRRC18D00000061 are essential to providing services for a guaranteed minimum of 18, and a maximum of 36 federal inmates in Albany, NY.

The closest facilities under contract with the Bureau are Bronx, NY; Binghamton, NY; Syracuse, NY; Rochester, NY; and, Buffalo, NY and are located 15.9 - 396 miles away, respectively. RRC utilization report indicated that the aforementioned facilities will not have bed spaces available to house the additional number of offenders.

Moving the offenders to other facilities in such a short period of time would be costly, time consuming, a violation to the intent of reentry programming (given that the goal of an effective reentry program is contingent upon its proximity to inmate release location because the statement of work encourages family participation and community support), and detrimental to the orderly running of the Bureau (due to the programming needs of the offenders as they attempt to re-integrate into society as law-abiding citizens).

The Eastern Sector Regional Office, Residential Reentry Manager’s Office, and the Residential Reentry Management Branch have determined from a technical standpoint that Community Resources for Justice, Inc. is the only offeror who will be able to provide the required services in Albany, NY by the performance start date. The Contracting Officer has agreed with the reviewed documentation in accordance with the solicitation and contract requirements. As the incumbent contractor for RRC services in Albany, NY, Community Resources for Justice, Inc. is uniquely situated to continue providing services without risk to the community and to the Bureau and without interruption of services. Community Resources for Justice, Inc. does not require any start-up time, and has the personnel already in place to provide the RRC services.

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 an 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.

RRC Services:

Albany, NY -15BRRC18D00000061 $108.00/inmate day– 9/01/18 – 11/30/18

Boston, MA - DJB200178 $108.59/inmate day - 04/1/18-03/31/19 Syracuse, NY - DJB200245 $105.94/inmate day – 12/1/17 – 11/30/18

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for RFP-200-1295-ES is applicable to the JOFOC. The market survey that was conducted concluded that only one offeror is capable of providing RRC services in the time required for this JOFOC contract.

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

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.

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 and the contractor prepares the facility for operational availability.

The services required are of an unusual and compelling urgency due to the Bureau’s critical and essential need. RRC services are required immediately in Albany, NY to preclude disruption of the orderly running of the RRC program and to protect the Government’s interest. Delay in award of the contract would result in serious injury to the Bureau in securing the care and custody of inmates. This contract will allow for a continuity of services pending the start of a contract resulting from

RFP-200-1295-ES.

10. List of sources, expressing in writing, interest in the acquisition:

CRJ provided an e-mail expressing interest to continue providing RRC services for the period of September 1, 2018 through November, 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:

__08/07/2018_ __ Pattie Williams Date Contracting Officer Residential Reentry Contracting

Concurrence:

Sarah Dean, Acting Chief Date Residential Reentry Contracting

APPROVAL OF JUSTIFICATION:

Cathy S. Scott, Acting Chief Date Procurement Management Branch