Justification for Other than Full and Open Competition (JOFOC)
USP Atwater
Pursuant to the Federal Acquisition Regulations (FAR) Subpart DEVIATION 6.103-1(b), the
Federal Bureau of Prisons (BOP) has determined the procurement of Comprehensive Medical
Services (CMS) for the United States Penitentiary (USP), (hereinafter referred to as
institution ), located in Atwater, California, meets the criteria for other than full and open
competition. The agency has further determined that only one responsible source is capable of
providing these services, and that awarding the contract to this source is necessary to prevent
serious injury, financial loss, or other significant harm to the Government. This limitation on
competition is justified as follows:
1. FAR DEVIATION 6.104-1(a)(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.
Agency: Department of Justice
Contracting Activity: Federal Bureau of Prisons
USP Atwater
1 Federal Way
Atwater, CA 95301
This document is a Justification for Other Than Full and Open Competition (JOFOC).
2. FAR DEVIATION 6.104-1(a)(2): Nature and/or description of the action being
approved.
This action seeks approval for the continuation of community and institution based
comprehensive medical services with Seven Corners. As the incumbent contractor, Seven
Corners has agreed to continue providing CMS at its prior Medicare benchmark rates
through monthly firm-fixed-unit-price purchase orders until a new CMS contract can be
competitively awarded. This interim acquisition is essential to maintain uninterrupted
medical services for the inmate population pending award of a new CMS contract.
The Field Acquisition Office (FAO) is currently evaluating proposals in pursuit of
awarding of a CMS contract. An indefinite delivery/requirements contract incorporating
Firm Fixed Unit Pricing is anticipated to be awarded. Upon award of the competitive
contract, further justification for other than full and open competition will no longer be
necessary.
3. FAR DEVIATION 6.104-1(a)(3): A description of the supplies or services required
to meet the agency's needs (including the estimated value).
The institution's mission includes providing comprehensive medical services to the
inmate population. In meeting the healthcare needs of the inmate population, The BOP
delivers essential medical, dental, and mental health care to Federal inmates. When a
medical need arises that cannot be provided by the institution medical staff, referrals are
made to community-based medical providers. Required services include inpatient and
outpatient facility and physician services, as well as outpatient institution services in
specialties such as ENT Specialist, General Surgeon, Neurologist, Ophthalmologist,
Orthopedic Surgeon, Psychiatrist, Urologist, Optometrist and Oral Surgeon.
Due to the urgent nature of healthcare delivery, any delay in contract award would disrupt
access to timely medical care and is incompatible with agency needs.
The proposed period of performance is December 1, 2025, through February 28, 2026,
with an estimated total cost of $611,897.82.
4. FAR DEVIATION 6.104-1(a)(4): An identification of the statutory authority
permitting other than full and open competition.
The authority for this action is granted under 41 U.S.C. 3304(a)(1), as implemented by
FAR DEVIATION 6.103-1, allowing for award to Only One Responsible Source when
no other supplies or services meet the agency's requirements. Specifically,
FAR DEVIATION 6.103-1(b) provides for the applicability of this authority in situations
when the supplies or services required by the agency are available from only one
responsible source.
5. FAR DEVIATION 6.104-1(a)(5): A demonstration that the proposed contractor's
unique qualifications or the nature of the acquisition requires use of the authority
cited.
While the FAO is progressing towards the award of a CMS contract, uninterrupted
medical service delivery is critical. The immediate availability of community-based
healthcare services is crucial to prevent any disruption in delivery of necessary medical
services and to ensure the orderly operation of the institution. Transitioning to a new
third-party administrator typically requires a minimum 30-day service commencement
period for the provision of community-based services. Additionally, prior to
performance, a complete security clearance investigation package for each institutionbased
provider is required to be submitted within 30 calendar days from the effective date
of award of the contract and typically takes an additional 30 days to be processed.
Although market research has shown that comprehensive medical services are commonly
available in the commercial marketplace and has identified several vendors capable of
meeting the Government's needs, Seven Corners, as the incumbent, is the only provider
uniquely qualified to ensure seamless service delivery without any lapse in performance.
The Government has determined that it is in its best interest to continue utilizing the
services of Seven Corners, which is capable of providing the required medical services
without delay. Seven Corners's established medical network ensures that the institution's
healthcare needs are effectively met. Seven Corners has provided services to the
institution for over five years through an established network of local medical facilities
and physicians. Furthermore, Seven Corners continues to provide various onsite
outpatient services to address the Government's needs. All provider credentialing and
background clearances have already been completed.
To maintain continuity of medical care for the diverse inmate population, continuing
services with Seven Corners and its network of medical service providers is essential in
preventing delays and disruptions in the overall mission of providing both basic and
emergent medical care. Any interruption in services would result in significant harm to
the Government, adversely affecting patient care and causing operational disruptions for
the inmate population.
6. FAR DEVIATION 6.104-1(a)(6): A description of efforts made to ensure that offers
are solicited from as many potential sources as possible, including whether a notice
was or will be publicized as required by part 5 and, if not, which exception under
part 5 applies.
A notice will be publicized as required by part 5.
7. FAR DEVIATION 6.104-1(a)(7): A determination by the contracting officer that
the anticipated cost to the Government will be fair and reasonable.
Seven Corners has agreed to continue providing services at rates consistent with option
year four of contract 15B61819D00000001, which were established under competitive
conditions and deemed fair and reasonable per FAR 15.404-1(b)(1). The Contracting
Officer (CO) has analyzed the current market trend by comparing the option year four
rates against historical prices paid for the same services in accordance with FAR
DEVIATION 15.404-1(b)(2). Both the option year four rates and the historical prices
paid for the same services have been determined to be fair and reasonable. Continuing
services with Seven Corners during this interim period is in the Government's best
interest.
8. FAR DEVIATION 6.104-1(a)(8): The market research conducted (see part 10) and
the results or a statement of the reason market research was not conducted.
Market research for the provision of CMS is ongoing and includes sources such as a
sources sought notice, SAM Small Business Search, Small Business Administration
Dynamic Small Business Search, and the Governmentwide Interagency Contract
Directory. This research confirms that vendors typically require a minimum of 60 days to
submit proposals, 30 days to begin community services, and 30-60 days for submission
and completion of security clearance investigations to provide onsite services. As stated
above, the immediate availability of community-based healthcare services is crucial to
prevent any disruption in accessing necessary medical services and to ensure the orderly
operation of the institution.
While market research has indicated that comprehensive medical services are commonly
available in the commercial marketplace and has identified several vendors capable of
meeting the Government's needs, Seven Corners, as the incumbent, is the only provider
able to ensure seamless service delivery without any lapse in performance.
9. FAR DEVIATION 6.104-1(a)(9): Any other facts supporting using other than full
and open competition.
No additional supporting facts are identified.
10. FAR DEVIATION 6.104-1(a)(10): A listing of the sources, if any, that expressed an
interest in the acquisition in writing.
No other sources with the ability to provide services immediately, with no lapse in
service, have expressed written interest in this acquisition.
11. FAR DEVIATION 6.104-1(a)(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 interim acquisition is necessary pending competitive award of a CMS contract. The
Field Acquisition Office is conducting the competition, anticipating award of an
indefinite delivery/requirements contract with Firm Fixed Unit Pricing.
The subsequent requirement has been publicly advertised via the Governmentwide point
of entry. Experience indicates that a single source provider is currently most beneficial to
the agency and inmate population. Once the new contract is competitively awarded,
justification for other than full and open competition will no longer be required.
To reduce future acquisition lead times and minimize the need for such justifications, the
FAO has implemented updated milestones and is providing ongoing training to the
program office.
12. FAR DEVIATION 6.104-1(a)(12): Contracting officer certification that the
justification is accurate and complete to the best of the contracting officer's
knowledge and belief.
In accordance with FAR DEVIATION 6.104-1(a)(12, I hereby certify that this
justification is accurate and complete to the best of my knowledge and belief. I further
certify that this request is not the result of a lack of acquisition planning, or a desire to
expend funds while those funds are still available.
