Exception_to_Fair_Opportunity_Porter_TO005_Redacted.pdf

Justification for an Exception to Fair Opportunity

Pursuant to FAR 16.505

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity.

Department of Health and Human Services (DHHS)

Centers for Medicare & Medicaid Services (CMS)

b. Sponsoring organization.

Office of Communications (OC)

c. Contracting Officer’s Representative (COR) information:

COR: Matthew Aiken

Mailing address: 7500 Security Boulevard, Baltimore, MD 21244

E-mail address: matthew.aiken@cms.hhs.gov

Telephone number: (410) 786-1029

2. Nature and/or description of the action being approved.

This justification for exception to fair opportunity supports a logical follow-on award to

Porter Novelli to provide CMS with services in support of Strategic Communications

Services. The original task order (HHSM-500-2011-00028I, HHSM-500-T0005) was awarded competitively using the National Multi-Media and Education Campaign (NEC)

Indefinite Delivery Indefinite Quantity (IDIQ) contracts.

The period of performance for this proposed logical follow-on task order will be

September 15, 2018 through August 31, 2019. The total estimated value of the task order for the required work is approximately $2,250,000.

3. Description of the supplies or services required to meet the agency’s needs

(including the estimated value).

a. Project title: National Multimedia & Education Campaign, Strategic

Communications

b. Project description:

The purpose of this logical follow-on task order is to provide Strategic

Communications Services in support of CMS’ overall goals, objectives and initiatives.

Under this task order, the Contractor shall develop, refine and execute the overall strategic communications plan that aligns agency initiatives and streamlines communications across CMS. The Contractor shall also ensure all agency sub-communication plans related to policy and major initiatives align with the goals and objectives of CMS and with the overall strategic plan. The Contractor shall develop and maintain the CMS Messaging Architecture that provides a communications framework and aligns CMS messages across initiatives and audiences.

c. Requirement type:

Research & development (R&D)

R & D support services

Support services (non-R&D)

Supplies/equipment

Information technology (IT)

Construction

Architect-engineer (A & E) services

Design-build

Other (specify): Communications Services

d. Type of action:

New requirement

Follow-on

Other (specify):

e. Proposed contract/order type:

Firm-fixed-price

Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

Cost-plus-fixed-fee

Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee):

Time and materials

Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements):

Other (specify):

Completion Form Term form

f. Acquisition identification number: 181263

g. Total estimated dollar value and performance/delivery period:

The total estimated value of this acquisition is $2,250,000. The proposed contract type for this logical follow-on is Time and Materials (T&M) with plans to re-compete in FY 2019.

4. Authority and Rationale

FAR 16.505(b)(2)(i)(C) provides for the restriction of competition when the required work is a logical follow-on to an original order that provided all awardees a fair opportunity to be considered for the original order. The original order was competitively procured utilizing the NEC IDIQ in which all five (5) awardees were provided fair opportunity to be considered. Therefore, this proposed task order is a logical follow-on to the competitive award to Porter Novelli.

Under the original task order Porter Novelli has a demonstrated track record and proven successful past experience conducting Strategic Communications services for CMS.

Specifically, Porter Novelli has provided the framework for the overall strategic communications plan that aligns agency initiatives and streamlines communications across CMS. As the architect of the strategy, Porter Novelli is uniquely qualified to support this effort based on the time that has been invested and their program knowledge.

This would be the most efficient use of resources in terms of both cost and time.

Porter Novelli has also aligned all agency sub-communications plans with the overall goals and objectives of CMS and with the overall strategic plan. As additional initiatives are rolled out across CMS, in the coming year, the communications plan will need to be further refined. Porter Novelli has also developed and coordinated an agency strategic communications calendar that streamlines key CMS initiatives across all components, which will continue in the follow-on work.

A logical follow-on to the original task order (HHSM-500-2011-00028I, HHSM-500-

T0005) will ensure continuity in Strategic Communications support and allow the overarching strategic communications plan deliverable from the original task order to continue to be refined. As CMS continues to phase in new program initiatives, a logical follow-on will insure consistent strategic communications plans and will build off the work that has been completed. This work is critical to the agency and it is important that there is no gap in service. Therefore, the relationship between the original order and the follow-on work is logical and efficient because it provides a continuation of Strategic

Communications services, a continually evolving body of work that is based on the framework delivered in the original order.

5. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

CMS will evaluate Porter Novelli’s proposed pricing and level of effort and mix of labor projected to perform the task order. In addition, CMS will use the Independent

Government Cost Estimate (IGCE) along with historical pricing data to ensure that this logical follow-on procurement strategy represents the best value to the Government.

Prior to execution of this logical follow-on task order, the Contracting Officer will make a fair and reasonable determination.

6. Any other facts supporting the justification.

None. Please see the information provided in Sections 3-5 of this document.

7. Actions the agency may take to remove or overcome any barriers to competition.

A logical follow-on will ensure continuity of service between the time the current task order ends in September 2018 and the award of the new NEC IDIQ. If there is a continued need for this work after the logical follow-on task order concludes, this requirement will be re-competed in fiscal year 2019 among the newly awarded NEC

IDIQ holders.

8. Program office certification:

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity, are accurate and complete.

Official Name & Title Signature Date

Contracting

Officer’s

Representative

(COR)

Matthew Aiken

Health Insurance Specialist

COR III

COR’s

Immediate

Supervisor

Laura Salerno

Director, Division of Campaign

Management

Head of the

Sponsoring

Program Office

Mary Wallace

Director, Office of

Communications

9. 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.

Official Name & Title Signature Date

Contracting

Officer

Heather Robertson

Contracting Officer, Division of

Beneficiary Support Contracts

Director Debra Hoffman

Director, Division of Beneficiary

Support Contracts

Director Jason Vollmer

Director, Acquisition and Grants

Group

Director Linda Hook

Director, Policy, Quality, Data &

Systems Group

10. Head of the Contracting Activity signature:

Official Name & Title Signature Date

Head of the

Contracting

Activity

Melissa Starinsky

Director, Office of Acquisition and Grants Management