LSJ_-_Other_than_Full_and_Open_Competition.pdf

CENTERS FOR MEDICARE & MEDICAID SERVICES

JUSTIFICATION AND APPROVAL (J&A)

Justification for Other than Full and Open Competition

1. Identification of the Agency and Contracting Activity.

A. Federal agency and contracting activity:

Department of Health & Human Services Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management

B. Sponsoring organization.

Office of Enterprise Information (OEI)

C. Contracting Officer Representative (COR) Information.

Heather Greul COR Level III (exp. May 30, 2017)

2. Nature and/or Description of the Action Being Approved A. Acquisition purpose and objectives.

The purpose of this contract action is to purchase a Shared Services Leadership Council subscription. The reason for this justification is because CEB proposed open market items in their quote against CMS’s competitive GSA schedule 70 procurement. CEB was the only quoter and the program office determined that the open market items were required to meet the minimum need, therefore I am treating the open market items as if they are a stand-along sole source procurement using the procedures of FAR Part 13, based upon the dollar value of the open market items – $148,446.

B. Project background, legislative history, etc.

The Consumer Information and Insurance Systems Group (CIISG) has a need for a subscription-based service that provides research, articles, and analysis of IT Applications, CIO Best Practices, Enterprise Architecture, IT Infrastructure, and IT Project Management for Government IT Leaders. Part of this needs includes access to Corporate Executive Board’s (CEB) Shared Services Leadership Council.

C. Individual or Class

This J&A is intended to apply to this single acquisition.

3. Description of the Supplies or Services

A. Project title. Professional Research Web Based Subscription B. Project description. Provide CMS with playbooks, tools, surveys, and best practices to build a more seamless, integrated shared services center to improve the customer experience; identification of opportunities for process efficiency to improve return on cost-reduction and process improvement initiatives; and prioritizing continuous improvement projects with the greatest impact.

C. Requirement type.

___: Research and Development (R&D) ___: R&D Support Services ___: Support Services (Non-R&D) ___: Supplies / Equipment ___: Information Technology (IT) _X__: Other (Specify):_Web based subscription service____

D. Type of action.

_X__: New Requirement ___: Follow-On-Effort to a new contractor ___: Modification ___: Other (Specify):______________

E. Proposed contract/order type.

_X__: FAR 16.2 Fixed Price Contracts

Specify Type: _Firm Fixed Price_________________ ___: FAR 16.3 Cost Reimbursement Contracts

Specify Type: __________________ ___: FAR 16.5 Indefinite-Delivery Contracts

Specify Type: __________________ ___: FAR 16.6 Time-and-Materials, Labor Hour, and Letter Contracts

Specify Type: __________________ ___: Hybrid Contract: State all anticipated contract types: _____________ ___: Other: ____________________________

F. Acquisition Identification Number.

RFQ 162035

G. Total estimated dollar value, performance/delivery period, and Level of Effort

(LOE).

Cost of open market items by period of performance:

Base Year: $35,802 Option Year 1: $36,661 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_2.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_3.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_5.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_6.html

Option Year 2: $37,541 Option Year 3: $38,442

The IGCE was developed through market research of subscription based services listed on the Federal Supply Schedule. The period of performance was developed based on the foreseeable need of these services at CMS.

4. Identification of the Statutory Authority

FAR 6.3—Other Than Full and Open Competition:

_X__: FAR 6.302.1 - This acquisition is conducted under the authority of 10 U.S.C. 2304(c) (1) or 41 U.S.C. 3304(a) (1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

___: FAR 6.302.2 - This acquisition is conducted under the authority of 10

U.S.C. 2304(c) (2) or 41 U.S.C. 3304(a) (2), Unusual and Compelling Urgency.

___: FAR 6.302.3 - This acquisition is conducted under the authority of 10

U.S.C. 2304(c) (3) or 41 U.S.C. 3304(a) (3), Industrial Mobilization;

Engineering, Developmental, or Research Capability; or Expert Services.

___: FAR 6.302.4 -This acquisition is conducted under the authority of 10

U.S.C. 2304(c) (4) or 41 U.S.C. 3304(a) (4), International Agreement.

___: FAR 6.302.5 - This acquisition is conducted under the authority of10

U.S.C. 2304(c) (5) or 41 U.S.C. 3304(a) (5), Authorized or Required by Statute.

___: FAR 6.302.6 - This acquisition is conducted under the authority of 10

U.S.C. 2304(c) (6) or 41 U.S.C. 3304(a) (6), National Security.

___: FAR 6.302.7 - This acquisition is conducted under the authority of 10

U.S.C. 2304(c) (7) or 41 U.S.C. 3304(a) (7), Public Interest.

5. Demonstration that the Nature of the Acquisition or Proposed Contractor(s) Unique Qualifications Requires use of Cited Authority.

Federal IT needs are unique because there is often a blend of public-sector and private-sector approaches to enterprise architecture, disparate infrastructure, funding COTS, GOTS, and new technology solutions. In response to these unique needs of the public sector, Corporate Executive Board (CEB) established an entire branch that operates to meet the research, data and analytical needs of Federal IT Professionals in areas that are https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%206_3.html critical to CMS’ management, such as IT Applications, Enterprise Architecture, Infrastructure, Governance and Project Management for Government Leaders. CEB is uniquely qualified as the only company that has a dedicated Federal IT branch that can provide an unlimited number of users access to shared services information, data, and tools to help them drive performance and meet their goals.

6. Efforts Made to Ensure that Offers Are Solicited from as Many Potential Sources as

Practicable.

Per FAR Part 5.2, a notice will be publicized. In an effort to solicit as many potential offerors as possible to meet the requirement, an RFQ was posted to GSA Schedule 70 which has over 3,000 IT vendors that are capable of performing Government work.

7. Determination that the Anticipated Cost/Price to the Government Will Be Fair and Reasonable.

The price of the Shared Services Leadership Council is competitive in the open market.

While CEB is uniquely qualified to support Federal IT users, they are not unique in the private industry where more competition exists. The price for this service, also provided to private industry, is based on a competitive environment.

8. Description of the Market Research Conducted Market research identified three vendors that provide professional IT research subscription services, CEB, Forrester and Gartner. CEB, Forrester and Gartner have comparable professional IT research subscription offerings when it comes to serving private sector clients. The market research shows that Forrester and Gartner cater to the private sector and the global IT community. In an examination of their specific focus on public sector IT needs it is clear that public sector support is minimal or nonexistent. CEB differs from Forrester and Gartner in that they have a branch that is devoted to public sector support.

Research on Forrester:

• An online review of Forrester’s website and reviews of their services showed that they focus on supporting the Private IT Sector with no relevant information on supporting the specific needs of federal IT. Language used to describe their offerings is centric to “business”, “b2b”, and “global” Sources:

• Forrester was directly contacted to discuss their professional IT research offerings and how the offerings relate to the public sector. Forrester specializes in providing CIOs and IT decision makers with industry relevant data, findings and trends. Some of the article and research data provided with Forrester membership includes findings relevant to government IT leaders, but they do not focus on public sector needs.

Research on Gartner:

• An online review of Gartner’s website shows that they are a company that stresses their global presence. They have offerings which are similar CEB in that they provide products for CIOs, Enterprise Architecture and IT Infrastructure

• Looking deeper in to their focus of public sector IT needs shows that they do have a webpage aimed at a federal market. From reviewing information available they focus on monitoring hype cycles, magic quadrant reviews and vendor ratings, however the information contained is theoretical and not the technological/operational detail often required by CMS leaders.

• A review of Gartner Events showed that they do not have any events aimed at the federal space. Gartner Events focus on the private sector, sometimes adding small tracts that include public sector information. The tracts are most often round tables facilitating federal employees to speak to other federal employees. The remainder of the events focus any mention of government partners by comparison to their private sector experience, which due to the nature of private sector are not under the same constraint, risk, and funding challenges as the public sector.

• Gartner was directly contacted to discuss their professional IT research offerings and how they relate to the public sector. The discussion confirmed the above information that was posted on the Gartner website and did not provide any additional insight into Gartner’s ability to serve the needs of the public sector.

9. Additional Facts CEB is uniquely able to provide CMS with access to their Shared Services Leadership Council. On top of this, CEB can provide CMS with unlimited user access to this services as well as many other subscription services. This puts CEB in a situation of being the only vendor that can fulfill all of CMS’s needs.

10. Listing of Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

No other sources have expressed an interest, in writing, in the proposed acquisition

11. Statement of the Actions Taken to Remove Barriers to Future Competition

An effort to remove barriers to future competition will include an evaluation of the need CMS has to determine if the requirement can be broadened or redefined to allow for additional vendors to be capable. CMS will also evaluate other vehicles in additional to Schedule 70 to determine if they allow more qualified vendors to respond to the RFQ.

12. Program Office Certification. This is to certify that the 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 for verifying the Government’s minimum needs, requirements or other rationale for exceptions to fair opportunity which form the basis for this justification.

Contracting Officer Representative (COR) / Date

Program/Project Manager (P/PM) / Date

13. 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.

I hereby confirm the circumstances described above apply and approve the justification for exceptions to fair opportunity.

Contracting Officer / Date

08/24/2016

Leslie Flaherty 08/24/2016