JOFOC_Determination_1_mon_Ext_till_11.30.19_Final_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

RESIDENTIAL REENTRY CENTER (RRC)

CONTRACT #DJB200140

Located in Bronx, NY

1. Agency:

The United States Department of Justice, Federal Bureau of Prisons (Bureau), Administration Division, Procurement Management Branch, Residential Reentry Contracting Section.

2. Description of Action Being Approved:

Pursuant to the Federal Acquisition Regulation (FAR) Part 6.302-2(b)(1) and (2), the Bureau has determined the need for RRC services in Bronx, 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.

The action to be approved is a one month extension to contract DJB200140 under other than full and open competition procedures for continued RRC services for Federal offenders located in Bronx, NY. 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 option to extend services was not evaluated by the Government, although FAR 52.217-5, Evaluation of Options, was included as a solicitation provision. Justification and approval is required in order to extend services.

3. Description of the Services Required to Meet the Agency

Needs:

The services required are an extension of RRC services for contract DJB200140 located in Bronx, NY for the period November 01, 2019 through November 30, 2019 (30 days).

The estimated maximum amount of the One-Month Extension is $665,577.00 (RRC Services: $112.05 per inmate day x 30 days x 66 beds x 3 line item 0001d, 0002d, 0003d).

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:

The facility in Bronx, NY currently houses estimated maximum 198 offenders capacity. The current contract will expire October 31, 2019.

The replacement solicitation, Request for Proposals (RFP) 15BRRC19R00000110, was posted on April 9, 2019 and in the phase of finalizing to make award. The solicitation required services in accordance with the RRC Statement of Work (SOW) Revision 1, April 2019.

The Residential Reentry Management Branch (RRMB) and the contractor will require a minimum of 120 days to prepare for the start of performance, this will allow time for RRMB to run a full background check on all employees and the contractor to prepare the site based on the requirements of the replacement contract. Contract DJB200140 will allow for continuity of services while the contractor prepares the facility for operational availability and the Bureau completes the administrative functions required to ensure compliance with the contract requirements.

From a technical standpoint, Geo Reentry, Inc. is currently providing the services required by the Bureau. The closest facility with a contract with the Bureau will not have available bed space. The Residential Reentry Manager’s office, Bronx, NY and RRMB have determined that Geo Reentry, Inc. can continue providing the required services at the required quantity in Bronx, NY. The Contracting Officer has reviewed all of the documentation and agrees that Geo Reentry, Inc. is able to continue providing services without risk to the community and to the Bureau through November 30, 2019.

The services required are of an unusual and compelling urgency due to the Bureau 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:

Brooklyn, NY; Pawtucket, RI; Philadelphia, PA; Harrisburg, PA; and Scranton, PA. Based on the RRC utilization report dated October, 2019, those facilities will not have available bed space to house the projected number of 79-150 additional offenders.

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 Bureau contracts with these RRCs to provide assistance to inmates who are nearing release from federal custody. RRC placements provide a safe, structured, supervised environment in the individual's community, as well as assistance, drug treatment, and other reentry programs and services. RRCs help inmates gradually rebuild their ties to the community and supervise their activities during this community readjustment period. Therefore, returning the offenders to a secure institution for the one-month period requested in this justification would cause serious harm to the mission of the Bureau of Prisons and would be a disruption to the inmate’s reentry programming. Relocating the offenders does not support the overall mission of the Reentry Services Division or the Bureau in the attempt to re-integrate the offenders into society as law abiding citizens.

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 Government Point of Entry (GPE).

The urgency of this requirement does not allow adequate time to solicit from other sources, therefore a notice was not published in the GPE.

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 in similar geographical locations.

RRC Services:

Brooklyn, NY

(15BRRC19D00000047)

$106.00 per inmate day (Base) 2/1/20-1/31/21

Pawtucket, RI

(DJB200308)

$130.61 per inmate day

(OY2)3/1/19 – 2/29/20

Harrisburg, PA

(15BRRC18D00000035)

$104.11 per inmate day

(OY1) 4/1/19 – 3/31/20

Scranton, PA

(15BRRC19D00000002)

$111.00 per inmate day (Base) 6/1/19 – 5/31/20

Philadelphia, PA

(15BRRC19D00000162)

$99 per inmate day (Base) 4/1/19 – 3/31/20

Philadelphia, PA

(15BRRC19D00000194)

$81.50 per inmate day (Base) 5/1/19 – 4/30/20

8. Description of the market survey conducted:

The market survey that was conducted in the solicitation process for 15BRRC19R00000110 for RRC and Home Confinement services for male and female federal offenders held under the authority of the United States Statutes within the boundaries of Bronx, NY is applicable to the JOFOC. Based upon the full examination of the market research conducted, Geo Reentry, Inc. is the only offeror who will be able to provide the required services in Bronx, NY by the extension performance start date.

Furthermore, FAR Clause 52.217-8 enables the Government to exercise an option to extend the performance of services for up to one month “at rates specified in the contract.”

In using this authority, the Contracting Officer must also refer to the requirements outlined in FAR Subpart 17.207, Exercise of Options. The awarding Contracting Officer did not evaluate this option at the time of award; therefore, this justification is required in accordance with the Bureau of Prisons Acquisition Policy (dated July 17, 2017), Uses of FAR Clause 52.217-8, Option to Extend 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:

Geo Reentry, Inc. provided an e-mail expressing interest to continue providing RRC services through November 30, 2019.

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. The Bureau anticipates awarding a competitive contract for similar services in the same geographic area.

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:

Tana Jankowiak Contract Specialist Residential Reentry Contracting

Date

Concurrence:

Michael Bodine, Chief Residential Reentry Contracting

Catherine S. Scott, Acting Chief Procurement Management Branch