J_and_A_Emergency_Evacuation.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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 American Samoa to Seattle, WA for treatment.

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

(b) Amount: Not to exceed (NTE) $228,275.00;

(c) Type of funding: Disaster Account;

(d) Year of funding: FY 2018;

(e) Contract Number: HSFE09-17-P-0049

(f) Contractor Name: International SOS Government Services

3. Description of Supplies/Services. A FEMA employee, working in American Samoa under EM-3397

Tropical Storm Gita, required medical attention starting on February 16, 2018 and was placed under medical care. It was determined on February 18, 2018 that the individual’s condition had progressed and that the additional medical attention was required was not available on the island. It was determined that the appropriate course of action would be transportation of the patient off the island to Seattle, WA 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 Sunday, February 18, 2018 International SOS provided an estimate for evacuation to Honolulu, HI or Seattle, WA:

Option 1: American Samoa to Honolulu, HI

Price: $171, 350.00

Option 2: American Samoa to Seattle, WA

Price: $228,275.00

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. The patient’s residence is in Washington state and with the unknown nature of the illness, the total amount of time needed for recovery is unknown and additional charges for lodging and potentially another medical transport to Washington. Funds were certified and a verbal authorization was provided to International SOS on February 18th to proceed with Option 2. A modification will be issued as soon as possible.

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 EM-3397

Tropical Storm Gita. 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.

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 FEMA employee on assignment to American Samoa for the coordinated response to EM-3397 Tropical Storm Gita.

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. Commercial flights from Pago Pago, American Samoa are currently only available on Mondays and Fridays. At this time, the patient will be transported off the island on Tuesday, February 20, 2018.

c. Why considered alternatives will not work: In order to ensure the health and safety of the impacted individual additional alternatives were not considered. The patient requires oxygen and therefore taking a commercial flight is not possible. Only a Department of Transportation approved battery-operated portable oxygen-concentrator is approved which is not sufficient in this case.

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. In November 2016 FEMA airlifted an individual from

Saipan to Canada for $177,100.00 in a Gulfstream 100. Additionally, per the market research medical evacuations can cost insurance companies between $20,000 and $300,000.00. Evacuation costs can vary widely based on the availability of aircraft, crew, number and/or qualifications of medical personnel needed to provide in treatment in flight. The estimated price of $228,275.00 is within the estimates found above.

8. Description of Market Research. Market Research and historical information were available from the emergency medical evacuation from Saipan in November of 2016. Additional research was conducted in

May 2017 when another emergency medical evacuation subscription contract was required. A new subscription service contract is anticipated to be awarded in May 2018 and will be competed.

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 modification to the International SOS purchase order HSFE09-17-P-0049 was issued without competition to provide for critical transportation and medical support deployed to the Pacific Islands. The current order expires in May 2018. FEMA Region IX, Mission Support Division is researching additional service providers. A competition for a base and four (4) option year contract will be posted to FedBizOpps prior to May 2018 for competition.

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

02/18/2018