RP0371_V20J6007P1_GeorgeTown_WhitePaper_BNJ_wSigs.pdf

NATIONAL ACQUISITIONS SECTION

JUSTIFICATION FOR SOLE SOURCE

OPEN-MARKET ACQUISITION

Pursuant to the Federal Acquisition Regulation (FAR) Subparts 13.106-1 (b)(1) (i) and 13.501(a)(1)(ii) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a), the U.S.

Department of Justice (DOJ), Federal Bureau of Prisons (Bureau) has determined that a justification for a sole source item and/or service is warranted for this procurement action. The following is supporting documentation in accordance with FAR Subpart 6.303-2.

1. Contracting Agency – U.S. Department of Justice, Federal

Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or Description of Action being Approved - This action is for a sole source, firm fixed price purchase order for the Georgetown University Law Center, O’Neil Istitute, to conduct a thourough analysis and draft of a research white paper to support the Jails Technical Assistance and Training Support Working Group (JSWG) by analyzing the DOJ’s Civil Rights Division and filings against various jails across the country. In addition, Georgetown would separately review cases that have been brought against major jail systems in the United States to identify the major legal exposure and risks facing jails.

To draft this white paper, Georgetown would conduct a review of case law and research highlighting areas for possible reform.

3. A description of the supplies or services required to meet the agency's needs including estimated value - The Bureau’s, National Institute of Corrections (NIC) has requirement for the drafting of a a white paper to support the Jails Technical Assistance and Training Support Working Group convened at the Department of Justice, comprising representatives from the National Institute of Corrections (NIC), the Bureau of Justice Assistance (BJA), Community Oriented Policing Services (COPS), and the Department of Justice’s (DOJ) Civil Rights Division. This information is intended to assist the nation’s most at-risk jails in achieving constitutional compliance. To complete the review, personnel at Georgetown will analyze the DOJ’s

Civil Rights Division public filings against various jails across the country. In addition, Georgetown will separately review cases that have been brought against major jail systems in the United States to identify the major legal exposure and risks facing jails.

The O’Neill Institute at Georgetown University Law Center would draft a white paper to support the JSWG by analyzing the DOJ’s Civil Rights Division and filings against various jails across the country. In addition, Georgetown would separately review cases that have been brought against major jail systems in the United States to identify the major legal exposure and risks facing jails. A select review of cases brought in states with the largest jail populations, and a review of the cases brought by DOJ’s Civil Rights Division in the past five years, would provide the backdrop for a white paper to be provided to the Working Group.

The white paper will include the following:

• Identify the scope of the problem facing US jails and legal standards to which they are held (this would also include examples of model jail systems);

• Types of claims: Identifying the types of claims resulting in settlements or in which plaintiffs prevailed at trial;

• Legal basis for claims: Categorizing claims and determining which areas comprised the majority of claims;

• Potential similarity in fact patterns: Determining similar issues that may have contributed to claims, for example, lack of training, personnel, etc.;

• Identification of stakeholder recommendations: This section would involve a case review of recommendations identified by CRT, judges, court monitors for improvements in the areas identified, as well as issues to consider when determining next steps.

To draft this white paper, Georgetown would conduct a review of case law and research highlighting areas for possible reform. Due to the nature of the Working Group, Georgetown would not make conclusory recommendations but would provide a review of the case law and literature pertinent to US jail conditions to allow the Working Group to make final determinations.

The estimated value of this procurement is $34,982.00.

4. The authority and supporting rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service - The statutory authority permitting other than full and open competition is 41 U.S.C. 1901. It was determined that the use of this authority is appropriate pursuant to FAR Subpart 13.501, that the circumstances of this action deem only a single source is reasonably available to meet the Bureau program requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited - The Georgetown University’s Prisons and Justice Initiative was founded to bring together leading scholars, practitioners, and students to examine the issues related to incarceration from multiple perspectives. They have an extensive and distinguished faculty working on related topics, committed students who are eager to contribute time and energy that significantly reduces contracting cost, a 30-year history of prison and jail education programs in nearby facilities, a reputation as a nonpartisan institution open to diverse voices and opinions, and a guiding mission of intellectual inquiry and service. The scope of this work requires unique qualifications to navigate the intersection of health law and public policy. The vendor must be able to navigate and balance a broad array of public safety and health related policies and practices within the construct of constitutional compliance and the litigation specific to the nation’s jails. The agency representatives discussed possible vendors and concurred that Georgetown University Law Center's O'Neill Institute was uniquely suited to support the Jails Technical Assistance and Training Support Working Group because of the Institute's work at the intersection of health law and public policy. While The O'Neill Institute is recognized for its depth of experience on global health law, it also has a domestic portfolio including experts on infectious disease, mental health and addiction issues critical to this initiative. In particular, the Addiction and Public Policy Initiative of The O'Neill Institute has worked closely with public health and public safety experts for the past two years promoting policy solutions to the addiction epidemic. As part of

Georgetown University, professionals at The O'Neill Institute can draw on the vast expertise across the university, placing it in a unique position to meet the requirements of this initiative. The professionals at The O'Neill Institute are sought out by both the public health and criminal justice sectors for their balanced and reliable perspectives.

Several prominent academic/research institutions have authority to provide professional services for the drafting of a a white paper to support the Jails Technical Assistance and Training Support Working Group but the unique qualifications of Georgetown University’s Law Center’s O’Neill Institue has the resources and portfolio to provide the required support and services in the timeline needed by the Bureau and Agency conterparts.

6. A description of the market research conducted and the results or a statement of the reason market research was not conducted – Market research was conducted through GSA FSS and via commercial market avenues in an effort to obtain competition for this unique acquisition. In the course of market research, it has been noted that there are three (3) prominent academic/research institutions that have well established health law programs that encompasses federal, state, and local law; rules; regulations and other jurisprudence among providers; payers and vendors to the health care industry and its patients; and delivery of health care services, with an emphasis on operations, regulatory and transactional issues. However, none of which has integrated criminal justice experts on infectious disease, mental health and addiction issues specific to the nation’s jails that Georgetown University Law Center's O'Neill Institute was uniquely suited to support.

7. Any other facts supporting the justification – N/A

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made - The Contracting Officer in conjunction with technical guidance provided by NIC; will continue to conduct market research to ascertain the availability of other sources for competition for future acquisition.

9. Contracting Officer's Certification - I hereby certify this

Justification for sole source is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Paul Brown Date Contract Specialist, National Acquisitions Section

10. Technical Certification - I certify that the supporting data under my cognizance which verifies the Government's requirements included in this justification are accurate and complete to the best of my knowledge and belief.

Stephen Amos Date Chief, Jails Division National Institute of Corrections

6. A description of the market research conducted and the results or a statement of the reason market research was not conducted – Market research was conducted through GSA FSS and via commercial market avenues in an effort to obtain competition for t...