NMTS JA _Redacted.pdf

First Increase (20%) 03/25/2020 Second Increase (COVID-19) 04/28/2020 Third Increase (COVID-19) 05/01/2020 Total

e. Type of funding: Disaster Relief Funds (DRF) - No Year Money

f. Year of funding – Disaster Relief Funds (DRF) – No Year Money

g. Solicitation number – N/A

Background information about the requirement. During the 2017 re-compete of this requirement, which was solicited through full and open competition, AMR was the only vendor to submit a proposal. Based on their exceptional qualifications, proposal and an ability to provide sufficient numbers of qualified medical transportation and support services to the Agency, FEMA awarded this Indefinite Delivery/Indefinite Quantity (IDIQ) support contract to AMR.

Based on disaster spending over the previous five-year period from 2012 - 2017, FEMA set the original contract ceiling at $ . When the NMTS contract was awarded in 2017, there was no historical data or projection in the ceiling for a Pandemic like COVID-19. Due to recent COVID-19 activations and task orders, the ceiling was raised to in May of 2020. FEMA was spending approximately $100M a month responding to COVID-19 activations. Based on this historical spending and projections by the program office, FEMA has determined that increasing the ceiling by $ will ensure availability of NMTS contract support for emergency responses in the 2020 disaster season.

3. Description of Supplies/Services.

FEMA requests to increase the contract ceiling by for the NMTS contract. The FEMA NMTS contract provides contractor-managed multi-functional transport and medical support resources and capabilities, established with a forward operating base or staging area as needed, in support of Federal and State sponsored patient movement responses, evacuations, or other medical support activations for national incidents. FEMA is responsible for providing the capability for supplemental Federal support to States, Localities, Tribes and Territories for required medical evacuations. This is accomplished through the funding and management of the NMTS contract which is an IDIQ support contract that covers the continental U.S divided into four (4) zones. The current contract was awarded competitively with no set-asides in 2017 with a ceiling of $

Current overarching contract capabilities (may include up to (per zone)):

• Medical Transportation o 300 ground ambulances (70% Advanced Life Support (ALS) and 30% Basic Life Support (BLS)) o 25 air ambulances (rotary and fixed wing) o 3,500 para-transit vehicle seats (max) (25% wheelchair capable vehicles)

• Medical Personnel o Certified and trained staff for medical air and ground transportation o 150 fixed location medical support personnel (EMT/Paramedics)

• Operations and Communications Support Team – (to support vendor’s response)

• National Command and a field-level Forward Operations Base (to support the vendor’s response)

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.C3304(a)(1) implemented by the FAR Subpart 6.302-1 – “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute

N/A

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A.

The statutory authority permitting other than full and open competition is 41 U.S.C 3304(a)(1) implemented by the FAR Subpart 6.302-1 – “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”. This competition should be restricted because a change in vendor would compromise the Federal Government’s ability to continue to rapidly respond with sufficient and suitable medical evacuation transportation and support personnel to U.S. States, Localities, Tribes and Territories during incidents and events. Disaster response of medical transportation support is ongoing throughout the current pandemic and hurricane season. There is no time for full and open competition before these services are needed to support the survivors with medical transportation and support personnel capabilities. This is evidenced by the fact that the re-compete process has begun, initiated with market research efforts with early expectations indicating another full and open competition on beta.sam.gov will be necessary. FEMA expects to award another IDIQ (single or multiple) with a higher ceiling more consistent with the historical data associated with experiencing five years of disaster seasons like FY17 & FY18, to include potential future pandemics.

As stated, in accordance with HSAR 3006.302-270, this modification will not extend the period of performance prior to the expiration of the contract date of the July 31, 2022.

FEMA has begun the re-compete process by conducting market research, drafted an Independent Government Cost Estimate, and has begun the process of drafting and routing the Procurement Strategy Roadmap (PSR) for FEMA OCPO approval and ultimately DHS approval. The new contract is anticipated to be award in the first quarter of 2022.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition.

Beginning in March of 2020, FEMA started supporting multiple COVID-19 response efforts through the NMTS contract by activating multiple ambulance deployments to New York, Texas, Louisiana, and New Jersey. The remaining NMTS ceiling is being rapidly exhausted in support of ongoing hurricane responses in Texas and Louisiana, leaving only as of August 28, 2020. Based on recent activations and future projections to include more potential COVID-19 medical transportation response, this amount is sparse and will easily be consumed during the remainder of the 2020 hurricane season. Not having this contract will leave FEMA vulnerable of mission failure and not being postured to provide medical evacuation, patient transport and support services to survivors.

No portion of the work can be segregated to allow for competition at this time.

(c) Summarize alternatives considered and why they will not work.

FEMA intends to use only one responsible source as our authority since the contract is currently in place with a remaining contract ceiling of , and the vendor continues to adeptly provide medical transportation and support personnel for currently active Federal and State sponsored medical evacuations.

Competition should be restricted because a change in vendor would compromise the Federal Government’s ability to continue to rapidly respond with sufficient and suitable medical evacuation transportation and support personnel to U.S. States, Localities, Tribes and Territories during incidents and events. The single award IDIQ contract ceiling needs to be increased by $ to ensure there is enough ceiling to support hurricane response actions during the ongoing COVID-19 pandemic and future disasters and emergencies.

FEMA must ensure availability of an appropriate contract ceiling to support the current 2020 disaster season, when this contractor will be tasked to provide medical patient transportation movements and to potentially support both congregate and non-congregate sheltering of medical populations during the ongoing pandemic and hurricane season. If there are a break in services FEMA will risk the result of a loss of time and diminished capability to support critical life-saving medical evacuations, and mission failure.

The current IDIQ expires on July 31, 2022. However, due to the ceiling issue FEMA is currently starting the process of recompeting the contract with an increased ceiling of $

The solicitation effort cannot be completed during the FY20 hurricane season and the competing need to manage end of year spend for the Agency. This request ensures enough contract ceiling is available under the current contract until the end of the 2020 disaster season.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If this extension is not granted this will result in a lack of medical transportation and medical personnel support to affected U.S. States, Localities, Tribes and Territories requiring medical evacuation transportation and support response capabilities. This will negatively, possibly mortally, affect the most vulnerable survivors, those in need of medical assistance and transportation.

(e) Rationale for use of the nonavailability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

7. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A Notice of Intent was posted on BETA.SAM.gov on August 27, 2020 and closed on September 14, 2020. One vendor provided a capabilities statement for Air Ambulances only.

The capabilities statement was reviewed and included in the re-compete Market Research Report. FEMA intends to make this justification publicly available pursuant to FAR 6.305 on BETA.SAM.GOV after modification is approved and executed.

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The labor and equipment rates of the current contractor are deemed to be fair and reasonable based on the competitive nature of the original solicitation and the prior price/cost reasonableness determination made by the Procuring Contracting Officer. All labor and equipment rates were negotiated at time of contract award and were reviewed for fair and reasonableness. Upon exercising of each option period, market research was conducted to ensure the rates were fair and reasonable. The rates have been considered fair and reasonable for each option period exercised by a Contracting Officer.

9. Description of market research.

(a) Market research efforts for the NMTS re-compete are currently ongoing. Once FEMA determined the contract ceiling was inadequate to sustain mission essential requirements, actions were immediately taken to solicit industry’s capabilities from as many offers as possible through the posting of two different Requests for Information

(RFI).

The first RFI was posted to FedBizOpps on November 11, 2018. Only two responses were received, one from the incumbent (AMR), and another from CSI Aviation. Of the two companies it was determined that only AMR was capable of meeting the requirements at that time. The market assessment of the two companies still holds true to today. At this time, based on the reviews conducted by the expertise of the program office subject matter experts, CSI Aviation’s is not capable of meeting the full terms and conditions of the requirements.

A second RFI was posted to GSA, but no responses were received. Market research has confirmed, no additional qualified companies have been identified.

Price reasonableness was determined at the time of exercise of each option period. The current labor and material rates are fixed in each option period.

(b) Describe the market research results that support the determination that the items are nonavailable.

(c) If market research was not conducted, a reason for its absence must be cited here.

(d) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

10. Any other facts supporting the use of other than full and open competition.

Not applicable

11. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

Not applicable for this action. However, CSI Aviation expressed an interest in the re-compete through response to the RFI, which will likely cover disaster seasons for FY22 – FY27. Additionally, after the expiration of the RFI, Critical Air Response Enterprises, LLC provided a capabilities Statement for only Air Ambulance Services on September 10, 2020.

12. 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.

As stated, FEMA is working on requirements to conduct a full and open competitive procurement process that will consist of an established contract ceiling with an estimated amount of for the base and option periods.