j_and_a_Ambulance dtd 06 Jan 21 Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

Controlled Unclassified Information

March 2020 Controlled Unclassified Information Page 2 of 4

I. Agency and Contracting Activity.

The contracting activity responsible for this action is the 377th Mission Support Group Contracting Division, Services Branch, Kirtland Air Force Base, NM.

II. Nature and/or description of the action being approved.

The action being processed is the award of a firm-fixed-price contract to Bernalillo County Health Care Corporation (BCHCC) doing business as Albuquerque Ambulance Services for the provision of ambulance services at Kirtland Air Force Base, NM. The base period of performance is 01 April - 30 November 2021. The contract will include 4 1-year options and an option for a 6-month extension of services.

III. Description of supplies/services required to meet agency needs (including the estimated value).

This requirement is for the provision of ambulance services. Service is required 24 hours a day, 7 days a week, 365 days a year. In addition to a fully supplied and equipped ambulance for emergency medical response and patient transport for all personnel on Kirtland Air Force Base (KAFB), New Mexico, the ambulance shall be staffed by a New Mexico state licensed paramedic, and a licensed emergency medical technicians (EMT).

IV. Statutory authority permitting other than full and open competition.

The statutory authority for this action is 10 USC 2304(c)(1), as implemented by 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, and required by FAR 6.303-2(b)(4).

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

DoDI 6055.06 and AFI 44-102 set the standard for emergency medical transport units as a 12-minute response time. Albuquerque Ambulance Services (AAS) is the only source certified to access the Albuquerque 911 dispatch system for emergency call relays. This capability is required so that emergency calls can be relayed directly to the EMT and paramedic on duty to comply with the response time. The contractor shall be required to transport patients from KAFB into the city of Albuquerque, NM. 377 MDG relies on AAS to bill patients for transport. AAS is the only source certified to transport and bill in Albuquerque, NM. No other contractor is available that has all required certifications to respond to service calls on KAFB to transfer patients to Albuquerque hospitals. Section IX discusses certification details and barriers to obtain them.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A sources sought synopsis was posted to Contract Opportunities 8-17 December 2020. It provided notice the Government intended to award a sole source contract to BCHCC and invited all interested parties to respond with a statement of capability demonstrating ability to connect to the Albuquerque 911 dispatch system. A draft PWS was included in the notice. Three responses were received as a result of the posting and two included a statement of capabilities. The third company was asked to submit a

March 2020 Controlled Unclassified Information Page 3 of 4 statement of capabilities but did not respond. SOCs submitted acknowledged that each company did not possess the required certificates, and this is the reason for determining none have capability to perform required services.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will determine that the final price is fair and reasonable IAW FAR Subpart 13.106-3(a). The determination will be based on comparison of the proposed price with prices found reasonable on previous purchases. Comparison to the Independent Government Estimate may also be used, as well as any other pricing technique described in FAR 13.106-3(a)(2) that is needed to support the determination.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

See Section VI above for details on the sources sought conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

377 MSG/PKA contacted the City of Albuquerque, New Mexico Department of Health, and New Mexico Public Regulation Commission by telephone to understand how a company obtains access to the 911 system, the length of time it takes, and what companies currently have access. The City stated that a company must be certified by the New Mexico Department of Health to gain access or otherwise tie into the 911 system. When a call requiring a response on KAFB is received by Albuquerque 911, it is routed to emergency service responders at KAFB.

The New Mexico Department of Health requires an Emergency Medical Service Agency Certificate Emergency Medical Dispatch Center Certification for agencies/companies to access any 911 systems.

Due to the COVID-19 pandemic, processing of applications is currently taking about 6 months to complete.

The New Mexico Public Regulation Commission requires ambulance companies to obtain an ambulance certificate in order to bill patients for transportation. Certification is currently taking one year to obtain.

Additionally, currently certified companies may protest newly issued certificates on the grounds of service territory violation, and litigation takes one to two years for resolution. No new company has successfully won a protest.

Service is required 1 April 2021 and no other company will have all required certifications.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Western-Star Hospital Authority, Inc. - Metro-Health EMS Division Starblast Samaritan Emergency Medical Services

March 2020 Controlled Unclassified Information Page 4 of 4

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The government would like to use competitive source selection procedures for the follow-on contract, if possible. The current barrier to competition is certifications, and the only way to overcome that is for interested parties to apply for them, and litigate any protests.

The J&A approved for the previous acquisition stated that competitive source selection procedures would be used for follow-on efforts if possible, and market research would be conducted to see if the market place has changed. Market research has been conducted (see sections VI and VIII) and AAS still remains as the only service provider. As such, competitive source selection procedures cannot be used for this acquisition.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.