R -- Award for Detention Services in Clayton County, Georgia

The Office of the Federal Detention Trustee (OFDT) intends to award a fixed priced contract using only one responsible source, The GEO, Group, Incorporated (GEO), requires the use of non-competitive procedures for obtaining private contract detention and related services in the State of Georgia to house persons in custody of the United States Marshals Service (USMS). These comprehensive detention services will serve a population principally consisting of individuals charged with federal offenses and detained while awaiting trial or sentencing, a hearing on immigration status, or deportation. Contract performance requires the management and operation of a Contractor-owned/Contractor-operated detention facility for federal detainees. The population will be individuals charged with federal offenses and detained while awaiting trial or sentencing, a hearing on their immigration status, or deportation. OFDT will award a contract that allows the USMS, to house prisoners at the facility. The facility shall be provided to accommodate at least 576 USMS prisoners at a single site. The facility shall be located within the geographic and political boundaries of the State of Georgia. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc.). The government intends on awarding a Fixed-Price contract type for, all necessary personnel, equipment, materials, supplies, and services do all things necessary for, or incident to, the management and operation of comprehensive detention services. On April 23, 2007, Clayton County, Georgia signed a competitive 20-year lease with GEO for the Robert A. Deyton Detention Facility. Clayton County issued a competitive Request for Proposal on August 16, 2006 and received three (3) offers from three (3) qualified vendors. After an internal review by the county?s review committee it was recommended unanimously that the Board of County Commissioners approve the lease to GEO. On March 20, 2007 at a public hearing the Commissioners authorized the lease. No other existing facility is in place for this procurement action, competition would require construction of a new facility. New Construction would require a study of the potential environmental impacts, proposed mitigation, and any other relevant information pertaining to the impacts of the construction and operation of the proposed any facility. Greater consideration would be given to the offer which represents the Aenvironmentally preferable@ alternative. Environmentally preferable alternative means, the proposal that has a lesser or reduced negative effect on the human environment when compared with competing proposals. Clearly, an existing facility would have less effect or no effect on the environment. Non-Federal Detention bed space for federal detainees is acquired through Intergovernmental Agreements (IGAs), where a daily rate is paid to State and local governments. If an Intergovernmental Agreement is not available, a facility specific contract is established with a private service provider. To help overcome some of the challenges and to control costs in acquiring non-federal detention services, the Department of Justice Appropriations Act for 2001 (Public Law 106-553) contained the following provision: ASec. 119; Notwithstanding any other provision of law, including section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), the Attorney General hereafter may enter into contracts and other agreements, of any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis.@ This authority is designed to allow for the use of non-traditional contract vehicles when acquiring detention and other related services. Section 119 grants the Attorney General the authority to enter into contracts Aof any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis@. The concluding phrase Aon any reasonable basis@ is interpreted within the ordinary meaning to encompass all pertinent terms and conditions, which would be reasonable to include in a justified non-competitive basis. Any interested party in this action may submit questions to Scott Stermer, Assistant Trustee for Procurement at scott.stermer2@usdoj.gov, no later November 15, 2007.