J&A_Aspen.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Automated Surveyor Process Environment

Agency: CMS Acquisition Year: 2019 Author:

2. Description of Action:

Nature

• New Requirement

• X Follow-On Order

• Modification of Existing Purchase Order / Contract

Number Contract Type

• _X Firm-Fixed Price

• Time and Materials

• Cost Plus Fixed Fee (CPFF)

• Term

• Completion

• Cost Plus Award Fee (CPAF)

• Other: Projected Cost / Price: Funding Source (s): QIO

Name of Proposed Contractor(s): Alpine Technology Group Street Address: 1920 Pike Road City, State, Zip: Longmont, CO 80501

3. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is

The Automated Surveyor Processing Environment (ASPEN) is a comprehensive information system that fully supports CMS’ Survey and Certification processes, data collection and enforces CMS business rules. The current CMS ASPEN environment supports the daily activities of more than users, including central office, regional office, and state survey agencies. ASPEN is the primary tool used by these agencies to ensure healthcare providers/suppliers meet CMS health and life-safety standards. ASPEN provides information technology services and specialized business-area expertise for management of CMS’ healthcare-provider quality assurance operations. ASPEN is highly integrated into the overall Quality Improvement and Evaluation System (QIES) architecture, allowing managers and staff to share information across all activities that comprise survey and certification procedures using ASPEN to manage certification workload and task scheduling, to respond to complaints/incidents promptly, to capture data during the inspection process and to implement enforcement actions when necessary, while enforcing CMS business rules in a secured operating environment.

ASPEN is critical to accomplishing CMS’s mission of safeguarding Medicare and Medicaid beneficiaries and ensuring the quality of services received, as such it would be virtually impossible to transition the operations & maintenance of ASPEN to a different vendor as these capabilities are being recreated in the new internet iQIES).

ASPEN fulfills CMS’s statutory obligation to administer and oversee the Medicare/Medicaid and CLIA programs. ASPEN directly supports and implements provisions of the Omnibus Budget and Reconciliation Act (OBRA) 1987 & 1989, Health Insurance Portability and Accountability Act (HIPAA), Balanced Budget Act (BBA) 1997, and the Medicare Modernization Act (MMA), and numerous implementing regulations. ASPEN also fulfills CMS action items pursuant to GAO and OIG reports and Congressional committee corrective action plans on the Nursing Home enforcement and complaints processes. ASPEN is critical to CMS’s payment and quality of care improvement processes, and to implementation and support of statutory mandates and major CMS and DHHS initiatives.

The ASPEN system maintains and supports the following suite of products:

• ASPEN Central Office/Regional Office (ACO/ARO)

• ASPEN Complaints/Incidents Tracking System (ACTS)

• ASPEN Enforcement Manager (AEM)

• ASPEN Scheduling and Tracking (AST)

• ASPEN-Web Electronic Plan of Correction Manager(e-POC)

• ASPEN-Web Clinical Laboratory Improvements Amendment (CLIA)

• ASPEN-Web Accrediting Organization System for Storing User Recorded

Experiences (ASSURE)

The initial contract was awarded under a GSA competitive bid process. The Time and Materials (T&M) contract was awarded with a twelve (12) month base period, two (2) twelve (12) month option periods, and an optional six (6) month Transition Out period. The total amount obligated to date is

The proposed sole source contract will have the following period of performance for services:

• Twelve (12) month base period from 02/24/2019 through 02/23/2020

• Twelve (12) month option period from 2/24/2020 through 2/23/2021

• Three (3) month option period from 2/24/2021 through 05/23/2021

• Three (3) month option period form 05/24/2021 through 8/23/2021

4. Authority:

X: ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.); Title 40 U.S.C. 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception and for each discuss how the cited authority applies in accordance with FAR 8.405-6(c)(2)(iv).

: An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

X : Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405- 6(a)(i)(B)); or

This justification authorizes and approves a thirty (30) month sole source contract to Alpine Technology Group (ATG) to continue ASPEN technical and help desk support activities, support of ASPEN’s architecture and infrastructure along with the maintenance of the ASPEN suite of products, knowledge transfer to support data exchange with the new iQIES system, and the decommissioning of the legacy ASPEN system. This task is required so that we may avoid the disruption of multiple contract transitions in order to support the new Skilled Nursing Facility (SNF) Payment Prospective System (PPS) regulations effective which significantly impact the ASPEN systems.

CCSQ acknowledges that in the release of the iQIES procurement the Government stated its intent to compete the operation and maintenance of the legacy systems, iQIES and ASPEN, while iQIES was stood up. However, the Government’s need has changed as a result of the August 2018 revisions to the SNF PPS. These changes include new requirements that have a go-live date of . 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. It is a result of these regulatory changes that the only responsible source to provide the necessary services is the current incumbent contractor, Alpine Technology Group.

Given the nature and magnitude of the changes to the ASPEN systems, 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 provide the continuity of support that will allow for the modification of the ASPEN and iQIES products to accommodate the MDS 3.0 updates and subsequent enhancements that will be required to support the associated Quality Measure reporting in the spring of 2020. ATG’s expertise will be required to support the iQIES contractor and to partner in the maintenance of the current ASPEN system until the iQIES functionality is fully online at the end of 2020 and ATG is able to assist with the decommissioning of the legacy system in early 2021.

To ensure continuity of Survey and Certification’s mission-critical operations and to efficiently adapt ASPEN to meet the implementation date, work on the ASPEN suite of products requires highly specialized capabilities, knowledge, and support of the iQIES contractor, including:

• Comprehensive knowledge and understanding of MDS 3.0 changes and the Survey and

Certification’s complex business processes and policy areas supported by the ASPEN system;

• Expertise in the operation and functionality of the hardware/software currently resident within the CMS and State-based IT environment to support ASPEN users.

ATG is qualified and suited to perform the nature and scope of the duties listed above. ATG possesses a comprehensive understanding of the ASPEN system architecture and infrastructure. ATG’s staff has extensive experience in the technology set, architecture, and infrastructure of the ASPEN systems.

They provide ASPEN Help Desk and technical services, as well as user training, comprehensive user guides and technical manuals.

There would be very little to no value to CMS to award this acquisition to a new contractor because the ASPEN system will be decommissioned once the iQIES system is fully online, making knowledge transition to the incoming ASPEN contractor pointless. Significant delays of statutory and regulatory requirements and interruptions in system operations would prove costly to the government.

: In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited sources procedures (FAR 8.405- 6(a)(1)(i)(C));

or

: An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b);

5. Market Research:

The market research was conducted during the request for J&A. ATG is under the GSA Schedule 70, the Federal Supply Schedule, as a Small Business vendor. Numerous vendors listed under GSA Schedule 70 were identified in the same category 132-51 – Information Technology Professional Services. The Small Business vendors may have the capability and general understanding to perform the IT services required.

However, given the proven capability and previous experiences of ATG to incorporate and assist with regulatory changes required within the timeframe allowed does prove that ATG is the only vendor that can successfully perform the work with no interruption to current operations.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html

6. Actions to Increase Competition:

Our plan should result in no need for a subsequent acquisition as our plan will culminate in the decommissioning of the legacy ASPEN systems and all applicable functionality being developed and maintained in the iQIES system.

7. Any other facts supporting the justification:

The ASPEN project involves significantly enhancing its functionality in support of CMS operations and it is designed to improve healthcare quality and make operations more efficient. Based on aggressive timelines dictated by the congressionally mandated go live date of and ATG’s extensive knowledge and expertise in developing and releasing prior versions of ASPEN products based on MDS 3.0 changes, it is required that the incumbent’s support for this project proceed without interruption. Interrupting project activity with a contract re-bid process will significantly delay deliverables and interfere with CMS’ objectives for improving healthcare oversight and cost reduction.

Claudine K. Jasmin -S

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 Limited Source Justification.

Contracting Officer Representative (COR) / Date

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 Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

During the negotiation of this action, the Contracting Officer (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.

Contracting Officer / Date

0 -05'00'

Jaime Galvez -S

OAGM Approvals

I hereby confirm the circumstances described above apply and approve the Limited Source Justification.

OAGM Division Director / Date

Theresa Schultz

OAGM Group Director / Date

3. Head of Contracting Authority (HCA) Approval

Derrick L. Hear____________________________ HCA Name / Date

4. CMS Competition Advocate (CA) Approval

_Karen E Jackson____________________________