Redacted NMTS JA Final Signed 9.7.2021_Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.3

As of August 30, 2021, the NMTS contract has a remaining ceiling of which may be rapidly exhausted in support of ongoing hurricane and COVID-19 responses. While total obligations for the 2020 disaster season were , of which were expenditures incurred against NMTS contract hurricane responses, obligations during the month of August 2021 alone were FEMA also saw the potential for request(s) for a one zone deployment of resources to be executed, one request that could exceed

. Given the potential to expend each month until the end of the calendar year and with 3-4 months to a new contract award, FEMA believes is sufficient to meet response requirements through the end of 2021. This request is based on recent activations and future projections to include potential for continued COVID-19 medical transportation and medical care support personnel responses. FEMA believes the current and remaining ceiling amount available is sparse and will easily be consumed before a new contract can be awarded. Therefore, based on historical and present information, an additional is requested for the remainder of the 2021 response season.

The current IDIQ expires on July 31, 2022. However, in order to ensure adequate contract ceiling, FEMA has started the process of recompeting the contract with an increased ceiling of . FEMA expedited the re-competition of the NMTS contract and anticipates posting the solicitation by September 30, 2021.

Not having this contract will leave FEMA vulnerable of mission failure and not being postured to provide medical evacuation, patient transport and medical support services to survivors.

3. Description of Supplies/Service:

FEMA requests to increase the contract ceiling by for the NMTS contract, contingent upon timely award of a new contract and assuming the current response season will not worsen. 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

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition 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.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.”

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, drafting an Independent Government Cost Estimate, completing the Procurement Strategy Roadmap

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

(PSR) and obtaining FEMA OCPO and DHS approval of the Acquisition Plan. The solicitation is anticipated to be posted on BETA.SAM.gov by 9/30/2021. The new contract is anticipated to be awarded by late December 2021.

(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:

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

The single award IDIQ contract ceiling needs to be increased by , contingent upon timely award of the new contract and assuming the current response season will not worsen, to ensure there is enough ceiling to support hurricane season 2021 and ongoing COVID-19 pandemic response actions until a new contract can be awarded in late December 2021. FEMA must ensure availability of an appropriate contract ceiling to support the current 2021 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 is a break in services, FEMA will risk the result of a loss of time, diminished capability to support critical life-saving medical evacuations, a degraded ability to support the nation’s severely impacted medical infrastructure, and experience mission failure.

(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 2021 hurricane response actions and the ongoing COVID-19 pandemic response and emergencies. FEMA must ensure availability of an appropriate contract ceiling to support the current 2021 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

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

The solicitation for a new contract is currently in process with an award by late December 2021.

(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.

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 29, 2021 and closed on September 6, 2021. No responses have been received to date. Also, multiple RFIs and an Industry day were held in 2021 to ensure that offerors were made aware of the potential requirement.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determined that the anticipated price(s) will be fair and reasonable based on the labor and equipment rates of the current contract, 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 and determined to be fair and reasonable. Upon exercising 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 was conducted for the re-compete from January 2021 – May 2021. Thirty-one (31) vendors participated in the BETA.SAM.gov, GSA, and FEMA Industry day. All 31 vendors capabilities were reviewed with the conclusion only one Vendor was capable of meeting the Government’s requirement.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Price reasonableness was determined at the time each option period was exercised. 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 not available.

A Notice of Intent was posted on BETA.SAM.gov on August 29, 2021 and closed on September 6, 2021. Multiple RFIs and an Industry day were held in 2021 to ensure that offerors were made aware of the potential requirement. The Contracting Officer did not receive any responses to the Notice of Intent.

Market Research was conducted from January 7, 2021 to September 1, 2021, a Sources Sought Notice (SSN) was posted to BETA.SAM.gov on January 7, 2021 to identify potential small businesses with the capacity to meet this requirement. The SSN resulted in a total of seven responses: one large business, the incumbent American Medical Support Services and six small businesses, Brian Hall Global, Connectinc Global Management, MLU services, Sarah Car Care, and TGS Enterprises. In addition, an RFI was posted on GSA on 1/19/2021. The RFI resulted in a total of three responses: one large business, MVM, Inc.; and two small businesses Network Runners, Circuit Media LLC.

All ten vendor responses were reviewed by the Integrated Product Team (IPT). Based on this review, it was determined that American Medical Support Services was the only vendor capable of meeting the Government requirements.

A NMTS Industry day was held on May 5, 2021 and was open to both large, and small businesses, 24 businesses registered for the Industry Day webinar. Eight administrative questions were posed by the 21 businesses present. Of the 21 businesses in attendance, 6 were large businesses, 12 were small businesses and 3 are undetermined. Additionally, the Government found only one capable vendor (the incumbent).

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

N/A

(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.

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

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Not applicable for this action. However, during market research vendors expressed an interest in the re-compete through response to the RFI, which will likely cover disaster seasons for FY22 – FY27.

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.

FEMA is conducting a full and open competitive procurement to replace this current IDIQ.

The projected timeline for completion of the competitive procurement is illustrated in the table below.

Procurement Activity Anticipated Completion Date Post Solicitation 9/30/2021 Questions due 10/14/2021 Phase I Response due 10/28/2021 Phase I notice to offerors 11/5/2021 Phase II begins 11/19/2021 Award 12/21/2021