Attachment 2 - STARSInformant_JA Other than Full_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Title:

Agency:

Acquisition Year (FY):

Author and Title:

2. Description of Action:

Nature:

New Requirement

Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price

Time & Materials

Other:

Funds: OMA

Other Funds:

Name of Proposed Contractor(s): Cotiviti Gov Services, LLC

Street Address:

City, State, Zip:

9140 W Dodge Rd, Suite 300

Omaha, NE 68114

Tonya D. Anderson, Contracting Officer (ITCG/DMITSC); Shirley Palm Contracting Officer’s Representative (COR)

CMS

STARSInformant

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):.

CMS/CPI/DASG took actions to remove barriers by performing a Proof of Concept (POC) of other similar vendors and could not find any other products that possessed the required capabilities and functionalities that STARSInformant provides. The Government also considered products (DataWalk, SIGMA, Business Objects (BO)) already in use by CMS and other agencies, such as Department of Justice (DOJ), and found the products to be inadequate alternatives to STARSInformant. The market research and proof of concept showed that Datawalk was unable to access the IDR data directly and could not handle the amount claims data needed by end users. The SIGMA product is currently not FedRAMP approved, is not scheduled for next couple of years, and Authority to Operate (ATO) within CMS could not meet the required schedule to support the FWA mission. Business Objects (BO) was also considered and the analysis identified key business requirements of the Government were not met.

Thorough analysis of several tools (STARSInformant, DataWalk, SIGMA) was performed. DataWalk did not satisfy all the business requirements necessary. DataWalk also had data limitations to support the current CMS data infrastructure along with security vulnerabilities that could not be resolved before procurement of the product. SIGMA satisfy the business requirements. However, SIGMA currently is not FEDRAMP certified to operate within the CMS GOV Cloud environment, which would require extensive security reviews and analysis to receive a CMS Authority to Operate (ATO), delaying the implementation of the product, impacting the current mission and capabilities combating FWA. Business Objects (BO) and Tableau were also considered and the analysis identified key business requirements of the Government were not met. Substantial enhancements and customization to these products would be required at an additional substantial cost. It has been determined that the STARSInformant tool is the only one that meets the requirements and FEDRAMP certified for the service, along with the technical and security requirements to operate in the CMS GOV Cloud.

6. Bridge Contracts:

Not Applicable.

7. Actions to Increase Competition:

The Centers for Medicare and Medicaid Services (CMS) intends to negotiate with Cotiviti, on a sole source basis, for the purchase of STARSInformant, an Ad Hoc Investigative Analysis software. STARSInformant is a proprietary COTS product and the primary Business Intelligence (BI) tool used by Law Enforcement. Cotiviti is the owner and developer of the source code, and is therefore, the only vendor that can provide access and support for this tool. The anticipated period of performance is one (1) base year and four (4) option years.

A notice of intent to award a sole source contract will be publicized on SAM.gov in accordance with FAR Subpart 5.2. This is not a request for competitive proposals and no solicitation is available. All interested sources must respond in writing with clear and convincing evidence to support their ability to perform the work within 15 days after posting. A determination by the Government not to compete this action based on the response received is solely within the discretion of the Government.

Market research was completed to support the analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. See Section 4 of this J&A.

This sole source contract request is due to the proprietary licensing rights of STARSInformant and there will be a continuing need for the requirement until another option is available. Analysis for an alternative product (see section 5 of J&A) was conducted along with Market Research utilizing Gartner, Law Enforcement and other CMS IT providers.

8. Market Research:

The program office coordinated market research with several known analytical products identified through the support of Gartner Magic Quadrant and internal/external Government Stakeholders. After market research, additional analysis was conducted (such as Proof of Value (POV) and POC) to technically evaluate the business requirements in all products that were identified. After this thorough analysis was performed, it was found that STARSInformant was the only software to meet the Government requirements. DataWalk would not satisfy all the business requirements and had data limitations to support the current CMS data infrastructure along with security vulnerabilities that could not be resolved before procurement of the product. SIGMA, does satisfy the required business requirements; however, SIGMA currently is not FEDRAMP certified to operate within the CMS GOV cloud environment, which would require extensive security reviews and analysis delaying the procurement and implementation of the tool impacting the current mission and capabilities combating FWA. Business Objects (BO) was also considered and the analysis identified key business requirements of the Government were not met.

9. Procurement History:

The STARSInformant product was initially introduced to CMS in 1997 under the National Database (NDB) contract (contract # HHSM-500-2007-00021). In 2013, the product was supported via the General Dynamics Information Technology, INC (Contract # HHSM-500-2007-00021I/HHSM-500-T0012) which ended in 2018. Cotiviti purchased the product from GDIT in September 2018 (Contract # HHSN316201200042W/HHSM-500-2017-00023U). STARSInformant was added to the One PI contract to support Law Enforcement and investigative users in their analysis to combat FWA in the Medicare and Medicaid programs.

Was action competed? 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:

Not Applicable

10. Additional Information to support the justification:

Not Applicable

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A is accurate and complete.

Program Manager

Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager)

Name:

Position Title:

Email address:

Signature:

Date:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

The Contracting Officer will use appropriate and available information to review proposed prices and determine that they are fair and reasonable. This includes, but may not be limited to the price analysis technique of comparing proposed prices to historical prices paid for STARSInformant. CPI/DASG is currently using STARSInformant through licensing delivered as contractor furnished equipment under a contract for operation and maintenance of the “One PI” system (Contract # HHSN316201200042W/HHSM-500-2017-00023U). STARSInformant was most recently proposed and extended on the “One PI” contract effective 03/30/2023 through 09/29/2023.

Name: Phone:

Signature: Date:

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Phone:

Signature: Date:

James W. Ericksen -S Digitally signed by James W. Ericksen -S Date: 2023.07.11 12:00:28 -04'00'

Tonya D.

Anderson -S

Digitally signed by Tonya D.

Anderson -S Date: 2023.07.11 12:09:50 -04'00'

Tonya D.

Anderson -S

Digitally signed by Tonya D.

Anderson -S Date: 2023.07.11 12:16:16 -04'00'

14. Legal Review:

Not Applicable – Less than $68 Million

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million (value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Phone:

Signature: Date:

16. Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million (value calculated including all options)): Not Applicable – Less than $68 Million

Concur:

Not Applicable

Non-Concur:

Name: Phone:

Signature: Date:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million (value calculated including all options)): Not Applicable – Less than $13.5 Million

Name: Not Applicable Phone:

Signature: Date:

18. Department Competition Advocate (Required for contracts exceeding $68 million (value calculated including all options)):

Name: Phone:

Signature: Date:

19. HHS Senior Procurement Executive (SPE) Approval: Not Applicable – Less than $68 Million

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Not Applicable Phone:

Signature: Date:

Douglas D. Bergevin -S Digitally signed by Douglas D. Bergevin -S Date: 2023.08.02 17:29:27 -04'00'