JA_Other_Than_Full_and_Open_Competition_Bridge_Contract_to_IQIES_(01_11_2019).pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN

COMPETITION

Acquisition Title: Quality Improvement and Evaluation System (QIES) Agency: CMS Acquisition Year: 2019 Author: Gregory Goetzel

1. Description of Action:

Nature

X New Requirement Follow-On Order Modification of Existing Contract Number

Contract Type Firm-Fixed Price Time and Materials X Cost Plus Fixed Fee (CPFF)

• Term

• X Completion

Cost Plus Award Fee (CPAF) Other: _

Projected Cost / Price of contract (Base & All Options): $35,000,000

The total estimated value of the proposed sole source action (for modifications only):

$35,000,000

Funding Source (s):QIO : Basis for Approval (Far 6.303-1(d) X : Individual Basis

: Class Basis

Name of Proposed Contractor(s): Buccaneer Computer Systems & Service, Inc. Street Address: 6801 Kennedy Road, Suite 100 City, State, Zip: Warrenton, Virginia, 20187

2. Description of Services or Supplies:

The existing QIES contract was awarded to Buccaneer Computer Systems & Services, Inc., on August 17, 2009 as a Cost-Plus-Fixed-Fee (CPFF) task order, Contract number HHSM-500-2007-00022I / Task Order #HHSM-500-T0002, under the Enterprise System Development (ESD) Indefinite Delivery Indefinite Quantity contract (IDIQ). The contract was awarded with a twelve (12) month base period, eight (8) option periods, and a six (6) month Transition Out period.

The current contract will end 02/16/2019 at a total projected cost of $197,886,211.

Currently, the QIES task order maintains and supports the following assessment instruments:

1) Minimum Data Set (MDS);

2) Outcome and Assessment Information Set (OASIS);

3) Inpatient Rehabilitation Facility Patient Assessment Instrument (IRF-PAI);

4) Long-Term Care Hospital Continuity Assessment Record & Evaluation Data Set (LTCH CARE Data Set);

5) Hospice Item Set (HIS).

In addition, current task orders also manage and maintain the following critical systems that will be impacted by the MDS changes:

1) Payroll Based Journal (PBJ) system;

2) Electronic Plan of Correction (epoch);

3) Certification and Survey Provider Enhanced Reporting (CASPER);

4) QIES Workbench (QW);

5) QIES Business Intelligence Center (QBIC).

The current contract also provides infrastructure support, reporting, coding, maintenance & operations, and Help Desk services.

This justification authorizes and approves a thirty (30) month sole source contract to 1Buccaneer Computer Systems & Services, Inc. (A wholly owned subsidiary of General Dynamics Information Technology (GDIT)) to continue QIES Help Desk, infrastructure, application support of the QIES line of business, and decommissioning of the legacy system. These services will need to continue without interruption in order to make the October 2019 date for acceptance of the new Skilled Nursing Facility (SNF) Prospective Payment System (PPS) assessments as well as the required substantiallyupdated Quality and Public reporting that will be required in 2020.

The sole source contract will have a one year base period from 02/17/2019 through 02/16/2020, a one 12 month option period from 02/17/2020 through 02/16/2021, a one three (3) month option period from 02/17/2021 through 05/16/2021, and one three (3) month option period from 05/17/2021 through 08/16/2021.

3. Authority and Rationale:

Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply

1 Buccaneer Computer Systems & Services Inc. was purchased by GDIT as part of GDIT’s purchase of Vangent in 2011. As a result, the proposed sole source effort will be awarded to Buccaneer Computer Systems & Services, Inc. a wholly owned subsidiary of GDIT.

per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

X : FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 253(c) (1)

CCSQ acknowledges that in the release of the IQIES procurement the Government stated its intent to compete the operation and maintenance of the legacy system, QIES, while IQIES was stood up. However, the Government’s need has changed as a result of August 2018 revisions to the SNF PPS. CCSQ did not become aware of these changes within a timeframe that would allow for a competition or reasonably allow for any contractor other than the current incumbent to meet the new regulatory requirement. This regulation significantly impacts the submission of the Minimum Data Set (MDS 3.0) information as well as the associated payment(s) process for the beneficiary care provided and all associated items. Additionally, the required go-live date for these new requirements are October 1, 2019. As result of these regulatory changes, the only responsible source to provide the necessary services is the current incumbent contract

BUCCANEER COMPUTER SYSTEMS & SERVICE, INC.

To further explain why BUCCANEER COMPUTER SYSTEMS & SERVICE, INC. is the only responsible source for these services please see the following:

1. BUCCANEER COMPUTER SYSTEMS & SERVICE, INC. is the only contractor who has the detailed knowledge and understanding of MDS who could provide the required services during the allotted timeframe given their history, experience, and familiarity with developing and maintaining the QIES system.

2. BUCCANEER COMPUTER SYSTEMS & SERVICE, INC. staff possess a tremendous amount of program and subject matter expertise regarding MDS which will allow them to be successful given the large volume of work required within the short implementation period allowed. It would not be possible to award a new contract and bring that contractor up to the necessary operational efficiency to successfully meet the Government’s requirement. To better articulate the extent of effort that needs to occur, the following represents a list of actions which need to be completed by the current contractor to meet CCSQ requirements:

a. The elimination of approximately half of the existing item sets (8) and require the addition of two (2) completely new item sets in the new payment system.

b. The MDS 3.0 data specifications will need to be substantially re-written supporting the addition of over sixty (60) new items as well as the elimination of ten (10) items over multiple item sets.

c. Other related items that will require substantial effort between now and 10/1/2019 in preparation for the new PDPM model are as follows:

1) MDS Data Specifications

2) Software Viewers and User Manuals https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%206_3.html

3) Resident Assessment Instrument (RAI) Manual

4) CASPER Reports and User Manuals

d. Due to extensive changes to the MDS items and item sets, specifications for most of the

Quality Measures (QMs) used on Nursing Home Compare must be rewritten and tested.

The short stay measures will need to move from a stay logic to an episode stay basis.

These changes will also impact files associated with public use files such as http://data.medicare.gov.

e. The CMS software and VUT must be rewritten and tested to accommodate all changes – items, item sets, grouper, and QMs.

f. As outlined above, all existing standardized reports in CASPER will need new specifications and need to be tested (over 65). All associated technical manuals will require updating as well.

g. The required MDS changes will impact numerous extract files, e.g., claims matching, CCW. In addition, QBIC will require extensive system changes to accommodate the new, deleted and changed item and new and deleted item sets.

h. CMS did not propose to eliminate the support of RUG-III and RUG-IV and, therefore, must update, test, and support the use of the two groupers (payment calculators) per day which translates into supporting multiple different versions. A new database table and logic must be developed to allow the submission of assessments for those States that rely on the RUG grouper for payment.

i. Due to the amount of changes accompanied with the new PDPM model, the IQIES contractor will not be able absorb this work as originally planned until the end of the current IQIES contract, 10/01/2020.

Given the nature and magnitude of the changes to the software, submission mechanism, reporting capabilities, testing and validation processes as well as Quality Assurance (QA) needs, CMS believes that no contractor, other than the current incumbent, will be able to design, implement and test the changes in the time period allotted.

: FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 253(c) (2) : FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 253(c) (5) : Other (See FAR Subpart 6.3 for additional authority):

4. Bridge Contracts:

This is a bridge contract between the current contracts HHSM-500-2007-00022I/HHSM-500- T0002 to the new IQIES contract HHSM-500-2016-00013B/HHSM-500-B0002 which has already been competitively awarded. The new IQIES contract is anticipated to be able to take over the legacy system and associated tasks by 10/01/2020.

5. Actions to Increase Competition:

This services described above will either no longer be needed after 08/16/2021 date or will be http://data.medicare.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%206_3.html incorporated into the IQIES contract on 10/01/2020. As a result, these services and system requirements will be competed at such time as the new IQIES contract is competed.

6. Market Research:

Given the nature of the work we perform surrounding the MDS, market research indicates that only the existing incumbent contractor (BUCCANEER COMPUTER SYSTEMS & SERVICE, INC. ), given their inherent knowledge of the MDS 3.0 and QIES systems, are capable of making both the system and instrument changes required given the current requirements and timeframe.

7. Procurement History:

Purchase order or contract number: HHSM-500-2007-00022IHHSM-500- T0002 Was Action Competed? X Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof: N/A

8. Additional Information to support the justification

The need for the sole source task order is due because of 1) the constraints dictated by the congressionally mandated go live date of (October 1, 2019) and 2) BUCCANEER COMPUTER SYSTEMS & SERVICE, INC. has extensive knowledge and successfully developed and released prior versions of the MDS 3.0 for CMS. This sole source task order will greatly benefit CMS by allowing the continuation of BUCCANEER COMPUTER SYSTEMS & SERVICE, INC.’S services by avoiding major disruptions to in CMS business.

9. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

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

Our plan will not result in a subsequent acquisition as our plan will culminate in the decommissioning of the legacy QIES systems and all applicable functionality being put in place in the replacement IQIES system.

Gregory A. Goetzel -S 0

Approvals:

1. Program Office Certification: This is to certify that portions of this justification have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale, which form the basis for this justification for other than full and open competition.

Digitally signed by Gregory A. Goetzel -S

Da_t_e:_20_1_8_.1_2.0_3_0_6_:0_7:1_7_-_05_' _0_'

Contracting Officer Representative (COR) / Date

Emmanuel R. Kalluri -S Digitally signed by Emmanuel R.

Kalluri -S

D_ate_: 2_01_8.1_2.0_3 0_8:0_2:4_4 -_05_'00_

Program/Project Manager (P/PM) / Date

Best Value Determination. By my signature below, after review of the relevant documents, I have determined that the order subject to this Justification represents the best value for the Government as set forth in FAR 6.303-2(b)(7), and constitutes a fair and reasonable price. The basis for my determination is as follows:

During the negotiation of this action, the CO will have access to actual costs from the current contract, data from bureau of labor statistics and other resources to negotiate a fair and reasonable cost/price. As a result, the CO is confident that the new award will be fair, reasonable, and will represent a best value to the Government.

2. Contracting Officer Certification: This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief, the information and/or data provided to support the rationale and recommendation for approval, is accurate and complete.

Digitally signed by Nathaniel M. Dean - Nathaniel M. Dean -S S D_a_te_:_2_01_8_.1_2_.0_3_1_0_:2_3_:2_4_-0_5_'0_0_'

Contracting Officer / Date

Jaime Galvez -S

3. OAGM Approvals

I hereby confirm the circumstances described above apply and approve the justification for other than full and open competition.

Digitally signed by Jaime Galvez - S

D_a_te_:_2_01_8_.1_2_.0_4_1_5_:2_7_:4_2_-0_5_'0_0_' OAGM Division Director / Date

Theresa A. Schultz - S

Digitally signed by Theresa A.

Schultz -S Date: 2018.12.07 16:03:30 -05'00'

OAGM Group Director / Date

4. Head of Contracting Authority (HCA) Approval

HCA Name / Date

5. CMS Competition Advocate (CA) Approval

Name / Date