HEIST Bridge JA Exception to Fair Opportunity 05.03.2025v1.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title: Health Care Quality Information System (HCQIS) Enterprise Integrated Supplemental Testing (HEIST) Agency: CMS/ISG Acquisition Year: 2024 Author: Nathaniel Barbato

1. Description of Action:

A. Nature

New Requirement Follow-On Order Modification of Existing Purchase Order / Contract Number

B. Order Against

HHSM-500-2016-00070I-75FCMC19F0004 Multiple Award IDIQ Contract Titania Solutions Group 1420 Spring Hill Road, Suite 315 McLean, VA 22102

Contract Type:

Firm-Fixed Price

Time and Materials Cost Plus Fixed Fee (CPFF)

Term Completion

Cost Plus Award Fee (CPAF) Other:

C. Projected Cost / Price of contract (Base & All Options):

$1,143,354.85 Base: 5/21/2024 07/31/2024 Option Period 1: 08/1/2024 1/31/2025 Option Period 2: 02/1/2025 07/31/2025

$3,600,000.00 $3,600,000.00

D. The total estimated value of the proposed sole source action (for modifications only): N/A

E. Funding Source (s):

Project Number

Funding Source

CAN Funding Source Description Amount

005340 QIO 5991928 0519: Support Contracts_Direct:Mand

Hospital Quality Reporting System

$250,000

005341 QIO 5991928 0519: Support Contracts_Direct:Mand

Deliverables Administration Review and Repository Tool

$50,000

005342 QIO 5991928 0519: Support Contracts_Direct:Mand

End Stage Renal Disease Quality

Reporting System

$393,354.85

005345 QIO 5991928 0519: Support Contracts_Direct:Mand

Internet Quality Improvement &

Evaluation System

$250,000

005348 QIO 5991928 0519: Support Contracts_Direct:Mand

Financial Information & Vouchering System

$12,500

005349 QIO 5991928 0519: Support Contracts_Direct:Mand

Quality Management & Review System

$187,500

TOTAL $1,143,353.85

F. Basis for Approval (Far 6.303-1(d))

Individual Basis

Class Basis

2. Description of Supplies or Services:

CMS requires a short-term bridge contractor to provide supplemental security testing for the Center for Clinical Standards and Quality (CCSQ)'s Federal Information Security Modernization Act of 2014 (Public Law 113- 283) (FISMA) systems.

Health Care Quality Information System (HCQIS) Enterprise Integrated Supplemental Testing (HEIST) will support the individual Application Developer Organization (ADO)'s to ensure CCSQ's systems and applications are secure and in compliance with applicable cybersecurity regulations.

CMS conducted a competitive procurement for continuation of these services to all small businesses under the Strategic Partners Readiness Contract (SPARC) Indefinite Delivery Indefinite Quantity (IDIQ) vehicle. CMS awarded a task order to Titania Solutions Group on March 06, 2024. An unsuccessful offeror submitted a timely protest to the United States Government Accountability Office (GAO) on March 18, 2024. CMS therefore issued a Stop Work Order to Titania on March 19, 2022.

and the order does not include the FAR clause 52.217-8, Option to Extend Services. Titania is the current incumbent on this task order. The order will reach the end of its fifth year when it expires.

HHSAR 317.204 prohibits contracts from exceeding five years unless approved the HHS Senior Procurement Executive which cannot be practically obtained.

The period of performance for the short-term bridge services identified above is May 20, 2024 through July 31, 2025 (if CMS exercises all options). CMS plans to include one 3 month base period that will cover the initial protest period and GAO decision; one 6 month option period for continued services if needed; one six-month option for operations and transition-out services should CMS need to select a new contractor. The APP for this action is 241377.

Base: 05/21/2024- 07/31/2024 6 months Option 1: 08/01/2024 01/31/2025 3 months Option 2: 2/01/2025 - 07/31/2025 6 months

3. Authority and Rationale:

The Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,500 unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

Titania is the only responsible contractor at this time who can provide the required supplemental security testing to support the individual Application Developer Organization (ADO)'s to ensure CCSQ's systems and applications are secure and in compliance with applicable cybersecurity regulations.

Titania is currently serving in this role and has all necessary personnel, knowledge, and skill to operate and maintain the HEIST testing. CMS has to ensure it fulfills its mission critical goal for the Center for Clinical Standards and Quality (CCSQ)'s to comply with the Federal Information Security Modernization Act of 2014 (Public Law 113- 283) (FISMA) systems.

To bring in a new contractor while a competitive process is underway would be a waste of Government resources and significantly increase the operational risk of the ISG ADOs Testing Program. Furthermore, the amount of time and effort necessary to bring a contractor up to Titania

The current HEIST contract ends on May 20, 2024. CMS conducted a competitive procurement to renew the HEIST contract; however, award has been delayed by a protest by the Unsuccessful Offeror.

It is not cost effective or realistic to expect a contractor other than the incumbent Titania to perform during the interim period because of the overall complexity of HEIST testing program implemented by maintained by Titania. In addition, the quality control of the ADOs operations are critical to success across a large part of CCSQ/ISG.

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)]; or

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)].

A statute expressly authorizes or requires that the purchase be made from a specified source. [FAR 16.505(b)(2)(i)(E)].

4. Provide a statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

The need for a sole source task order is a direct result of a protest. The agency and OPDIV have taken steps to remove barriers to competition as demonstrated through the ongoing effort to recompete these services. As a result of the ongoing competitive process, there are no additional actions that need to be taken to increase competition or reduce barriers to fair opportunity.

5. State any other facts supporting the justification:

N/A

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 rationale for Exceptions to Fair Opportunity, which form the basis for this justification.

Jonathan Brown, Contracting Officer Representative (COR)

Katie Homes, Program/Project Manager (P/PM) /

2. Contracting Officer Certification and Best Value Determination:

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.

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 16.505(b)(2)(ii)(B)(5), and constitutes a fair and reasonable price. The basis for my determination is as follows:

In accordance with FAR 15.403-4, a certificate of current cost or pricing data will be obtained from the contractor. In addition, pursuant to FAR 15.404-1, the Contracting Officer will etermine that the negotiated price will be fair and reasonable.

Nathaniel Barbato, Contracting Officer

3. CMS Competition Advocate Approval I have reviewed this Exception to Fair Opportunity and find that it adequately supports other than full and open competition.

Donald Knode, Competitive Advocate

4. Head of Contracting Activity (HCA) Approval N/A (not above $15 million) I hereby confirm that the circumstances described above apply and approve this Justification for Exception to Fair Opportunity.

____________________N/A________________________ HCA Name / Date

5. Office of Small and Disadvantaged Business Utilization (N/A- not above 75 million) ____________________N/A_________________________________ Name / Date

6. OGC Legal Review ____________________N/A_______________________________

7. HHS Competition Advocate Approval

_____________________N/A______________________________

8. Senior Procurement Executive (SPE) Approval Based on the foregoing justification, I hereby confirm the circumstances described above apply and approve the Justification for Exceptions to Fair Opportunity.

_____________________N/A___________________________ SPE Name / Date