J_and_A_Emergency_Evacuation.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, Federal

Emergency Management Agency (FEMA), Region IX, Mission Support Division entered into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved. This requirement was to provide emergency medical evacuation of an individual from Saipan for treatment.

(a) Type of action: Purchase Order modification – Cost Reimbursement for these services.

(b) Amount: Not to exceed (NTE) $177,100.00;

(c) Type of funding: ... Disaster Account;

(d) Year of funding: ... from FY 2017; and

(e) Contract Number: HSFE09-16-P-0211

(f) Contractor Name: International SOS Government Services

3. Description of Supplies/Services. A volunteer working on Saipan, Commonwealth of the Northern Marianas Islands, on assignment on behalf of FEMA under DR-4235 Typhoon Soudelor, required medical attention on November 14, 2016. The individual was transported to the hospital on Saipan where it was determined that the appropriate course of action would be transportation of the patient off the island as soon as possible. FEMA Region IX has a membership agreement with International SOS Government Services for critical transportation and medical support deployed to the Pacific Islands. On November 15, 2016 Region IX Administrator approval was received per Office of Management and Budget (OMB) Circular A-126 Improving the Management and Use of Aircraft for a charter aircraft. At this time, International SOS was contacted to provide options for emergency medical transportation of the individual. On Wednesday, November 16, 2016 International SOS provided two Options for emergency medical evacuation:

(a) Option 1: Learjet 35 Total Flight Time: 17 Hours Available Activation: November 16 Clearance available within 72 hours Price: $138,000.00 (USD)

(b) Option 2: Gulfstream 100 Total Flight Time: 12.6 Hours Available Activation: November 16

Clearance available within 48 hours Price: $177,100.00 (USD)

Based on the information provided by International SOS and the recommendation of their staff doctors, FEMA determined that in order to ensure the safety and success of the patient transport Option 2 would be the most appropriate selection. Verbal authorization was provided to International SOS on November 16th to proceed with Option 2 and later the same day a modification was issued to provide the appropriate funds at the estimated amount for the emergency medical evacuation services.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) implemented by the FAR Subpart 6.302-2 entitled “Unusual and Compelling Urgency.” These services were to ensure the health and safety of an individual tasked by FEMA under the continued response to Typhoon Soudelor DR-4235. The period of performance for these services shall not exceed the 150-day limitation set forth in HSAR 3006.302-270.

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

Include the following information:

a. Background information about the requirement: As described above the services of International SOS were required in order to provide emergency medical evacuation of a volunteer on assignment for FEMA to provide a continuing response to Typhoon Soudelor DR-4235.

b. Details covering what events lead to the situation requiring use of other than full and open competition procedures: Based on the medical advice of the International SOS doctors the patient’s condition necessitated that the out of hospital time be minimized. In order to ensure the patient was evacuated expeditiously and their time out of the hospital was minimized, it was imperative not to delay the evacuation.

c. Why considered alternatives will not work: In order to ensure the health and safety of the impacted individual additional alternatives were not considered.

d. Which authority applies and why: The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(2) implemented by the FAR Subpart 6.302-2 entitled “Unusual and Compelling Urgency.” In order to ensure the health and safety of the impacted individual.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many

Potential Sources as is Practicable. A notice was not publicized on FedBizOpps prior to award per FAR 5.202 (a) (2). A notice will be posted within 30 days of the award of the modification.

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on market research. During the Ebola epidemic of 2014-2015 in Africa multiple patients were transported to the US via an emergency medical evacuation via Phoenix Air Gulfstream IIIs flying critical care units for costs upwards of $250,000.00. Additionally, per the market research medical evacuations can cost insurance companies between $20,000 and $300,000.00. The estimated price of $177,100.00 is well within these estimates.

8. Description of Market Research. Market research was not conducted prior to award of the modification to International SOS. After, the internet was searched for a list of potential contractors that would be able to provide similar resources to International SOS for future needs when the current contract period has expired.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Please see preceding paragraphs for information on this requirement and why Other Than Full and Open Competition was appropriate.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition. A notice was not publicized on FedBizOpps prior to award per FAR

5.202 (a) (2). A notice will be posted within 30 days of the award of the modification.

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 Supplies or Services Required. The International SOS purchase order HSFE09-16-P-0211 was issued without competition to provide for critical transportation and medical support deployed to the Pacific Islands. The membership to International SOS has been on-going for several years but the records available do not provide adequate information to determine how previous competitions, if any, were held. The current order expires in May 2017. FEMA Region IX, Mission Support Division is researching additional service providers. When the new requirement need is determined, the information will be posted to FedBizOpps and a determination for a competitive award or sole source if appropriate will be made after market research and all appropriate notifications have been advertised.

Additionally, the contract type will be changed to be an IDIQ type contract with minimum and maximum amounts for a base and four option years with estimates of our annual needs for critical transportation and medical support advertised during the competition and prior to award to ensure that there is appropriate coverage at that time.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer*: Date