Air Evac- Urgent and Compelling.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-2 (a) (1) and 6.302-2 (b), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement of medical air transportation for the Federal Correctional Institution (FCI) located in Greenville, Illinois meets the criteria established for other than full and open competition. It is further determined the procurement is of an urgent and compelling nature. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Institution 100 U.S. Hwy 40 Greenville, Il 62246

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of emergency air transportation and medical services for life saving measures to decrease chances of morbidity and mortality.

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

Air transportation and medical services to transfer an inmate and security staff from Holy Family Hospital, Greenville Il to St. John’s Hospital Springfield, Il on June 6, 2023.

4. Statutory Authority Permitting Other Than Full and Open Competition:

41 U.S.C. 253 (c) (1) and FAR 6.302-2 (b) When acquiring services which display an urgent and compelling need whose delay would result in serious injury to the Government other than full and open competition is authorized.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

Air Evac EMS is uniquely qualified for this acquisition as they were able to provide the fastest response with an air transport helicopter and medical staff for treatment enroute.

Delay of service would result in increased chance of death for the inmate being treated/transported and as a ward this delay could result in damage to the government finances and reputation as well as public trust. As per FAR 6.302-2(b) these circumstances qualify as urgent and compelling circumstances.

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6. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

Past procurements with Air Evac EMS have been evaluated through FPDS to determine if the estimated cost is fair and reasonable. The previous procurements by both the Bureau of Prisons and other Federal Agencies show the cost is in line with similar services provided and as such it is determined the cost to the Government is fair and reasonable.

7. Description of the Market Survey Conducted:

The contracting officer reviewed previous procurements for similar services across North Central Region.

8. Other Facts Supporting the Use of Other Than Full and Open Competition:

Hospital medical staff determined the inmate had a risk of further cardiac deterioration and required treatment and monitoring during the flight. With out immediate transportation the risk to the inmate’s life would increase leaving no time for competition. Given the fact his occurred after hours approximately one thirty in the morning seeking competition before hand is not a realistic expectation.

9. List of Sources, Expressing in Writing, Interest in the Acquisition:

No other sources were sought due to the urgent and compelling nature of the acquisition.

10. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

FCI Greenville will consider adding emergency transportation into future comprehensive medical contracts.

11. Contracting Officer’s Certification:

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

Submitted by:

David Smith, Regional Contract Specialist Date North Central Region

12/20/2023