Date: September 12, 2016 subject: Sub-contracting Waiver Request – cw44175



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TO: Ana Harvey, Director Department of Small and Local Business Development

(DSLBD)
Cc: Ronnie Edwards, Deputy Director (DSLBD)


FROM: Tyranny A. Hunter, Contracting Officer

Office of Contracting and Procurement/Fire and Emergency Medical Services


DATE: September 12, 2016
SUBJECT: Sub-contracting Waiver Request – CW44175: Procurement of Supplemental Pre-

Hospital Medical Care and Transportation for Basic Life Support Calls for Service

within the District with American Medical Response Mid-Atlantic.

_____________________________________________________________________________


The District of Columbia (“District”) Office of Contracting and Procurement, on behalf of the D.C. Fire and Emergency Medical Services Department (“FEMS”) is seeking to enter into a contract with American Medical Response Mid-Atlantic, Inc. (AMR), to provide supplemental pre-hospital medical care and transportation for Basic Life Support (“BLS”) calls for service within the District, when requested to perform such services by FEMS and/or the Office of Unified Communications (“OUC”).
Pursuant to D.C. Official Code § 5-401(b), FEMS is required to provide pre-hospital emergency medical care and transportation within the geographical boundaries of the District. Therefore, FEMS is the designated first responder for all 9-1-1 emergency medical response calls and performs the initial interrogation and triage of all patients, as well as provide transport services for Advanced Life Support (ALS) emergency medical incidents. If, after responding to a call, the FEMS’ on-site responding unit determines that a the patient requires lower priority Basic Life Support (BLS) level of care transport, FEMS or an OUC dispatcher will contact the Contractor to provide the required services. The Contractor will then transport the patient to an area hospital, as directed by FEMS or OUC.
The District’s current emergency medical services call volume is at a historic high, and FEMS’ current fleet of forty-nine (49) ambulances is insufficient to respond to an increased volume of calls for emergency medical services. This increasing call volume has affected FEMS’ ability to timely respond to all emergency calls. Additionally, emergency response units are required to remain out-of-service while transporting and transferring low acuity patients to a hospital’s care. At times, while FEMS’ patient transports are being used for BLS transports, there are no ambulances available to respond to the more critical, time-sensitive ALS calls. That lost time creates an immediate threat to the public health, welfare and safety of District residents and visitors. As a result, on October 6, 2015, the Council of the District of Columbia approved emergency legislation allowing FEMS to contract with third party, private ambulance companies to provide supplemental pre-hospital medical care and BLS ambulance transport service.
On February 12, 2016, American Medical Response Mid-Atlantic (AMR) was awarded an emergency (letter) contract to provide third party ambulance transport services. This letter contract expired on June 11, 2016 but was extended through October 10, 2016. In an effort to secure a long-term contract for third party ambulance services, FEMS advertised a Request For Proposals (RFP) on May 23, 2016. The selected vendor to provide third party BLS services needed to meet the following minimum requirements:
(1) Be in compliance with District certification requirements, as prescribed under 29 DCMR §§ 501 (Ambulance Services) and 510 (Emergency Medical Services Agency Vehicles: Certifications);
(2) Have a sufficient number of ambulances to respond to calls anywhere within the District within a proscribed timeframe, twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year (FEMS estimated that the selected vendor would be required to respond to approximately two hundred seventeen (217) BLS calls for service daily;
(3) Have a designated medical director who will be responsible for meeting all District Department of Health (“DOH”) requirements for medical direction of the vendor staff;
(4) Be able to integrate into the Global Positioning System (“GPS”) within FEMS’ Dispatch System;
(5) Have the equipment and software necessary to complete and submit reports using Safety Pad EPCR (electronic patient care reports) software; and
(6) Possess, maintain and keep in full force during the term of the contract, at its own cost and expense, insurance coverage at the limits prescribed by the District Office of Risk Management.
The solicitation closed on June 25, 2016, with two offerors (A-Always Enterprises, a local Certified Business Enterprises (CBE), and American Medical Response) submitting proposals. A Technical Evaluation panel (TEP) was established to evaluate the received proposals. On July 22, 2016 the TEP submitted their Consensus Evaluation report; on August 8th the Contracting Officer (CO) completed his Independent Assessment. Scoring (maximum points = 110) from the TEP was AMR/73.0, A-AE/15; per the CO’s assessment, AMR scored 79.51 points and A-AE compiled a total of 39.20. AMR was collectively determined to have submitted the stronger proposal, and was the only offeror able to meet the six (6) requirements listed above. This determination supports the CO’s finding, per a search of the DSLBD database in September 2015, that there are no qualified CBEs capable of performing the requirements for emergency medical ambulance transportation.
Therefore, OCP intends to award a firm fixed price contract (based on firm fixed hourly rates) to American Medical Response Mid-Atlantic. Since there are no CBEs licensed within the District to provide emergency medical transportation work, AMR is unable to pursue subcontracting activities with a CBE. Additionally, management (and by extension, liability) concerns have been raised regarding whether the Contractor will be able to hold the sub-contractor to the standards established by the District’s Department of Health.
The subject contract requires a waiver of the subcontracting requirements contained in D.C. Official Code 2-218.46(a) (2), which requires at least 35% of the dollar value of all non-construction contracts to be subcontracted to Certified Small Business Enterprises to completely fulfill the requirement. It is the purpose of this request to seek approval of a subcontracting waiver of the mandatory 35% Certified Business Enterprise (CBE) subcontracting requirement for the period of performance of October 11, 2016 through October 10, 2017.

CERTIFICATION OF FINDINGS
Based on the above findings, and in accordance with the 27 DCMR, Chapter 16 (“Procurement By Competitive Sealed Proposals”), I hereby certify that the above findings are correct and complete.
__________________________________________ ___________________

Tyranny Hunter Date

Contracting Officer

DETERMINATON
Based upon the authorities, findings and in accordance with D.C. Official Code § 2-354.03 (“Competitive sealed proposals”); 27 DCMR § Chapter 16 (“Procurement By Competitive Sealed Proposals”), I hereby determine that the proposed procurement is in the best interest of the District of Columbia.

__________________________________________ ___________________

George A. Schutter III Date

Chief Procurement Officer





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