Limited_Source_Justification_NSVC_-_Redacted.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: National Site Visit Contract (NSVC) Agency: CMS Acquisition Year: 2019 Author: Gina Romano (CO)/David Hochendoner (CS)/Dennis Adams (COR)

1) Description of Action:

Nature

• New Requirement

• Follow-On Order

• X Modification of Existing Purchase Order / Contract Number

(GS-15F-0059M/HHSM-2012-00009G)

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:

Name of Proposed Contractor(s): MSM Security Services, LLC

Street Address: 8401 Connecticut Avenue, Suite 700

City, State, Zip: Chevy Chase MD 20815

2) Description of Supplies or Services:

The Centers for Medicare & Medicaid Services (CMS) implemented certain provisions of the Affordable Care Act to establish additional screening requirements for providers/suppliers. The CMS Rule 6028-FC published February 2, 2011 (http://federalregister.gov/a/2011-1686) which is now implemented in 42 CFR 424.510, 424.517, 424.530 and 424.535 improves screening mechanisms to prevent questionable providers/suppliers from enrolling in the Medicare program, and requires scheduled, unscheduled or unannounced site visits to providers/suppliers. In addition to fulfilling newly implemented regulations, the site verification initiative will also address and support other collaborative efforts with the Office of Inspector General (OIG) and other CMS program integrity initiatives.

The site visit verification process is a screening mechanism to prevent questionable providers/suppliers from enrolling in Part A and Part B of the Medicare program. The initiative described in this SOW builds upon existing site visit programs to create a more efficient, effective, national program to respond to the provisions of the Affordable Care Act, as well as meeting the site-visit requirements described in CMS Publication 100-08, chapter 15, pertaining to independent diagnostic testing facilities (IDTFs) and suppliers of durable medical equipment, prosthetics, orthotics and supplies (DMEPOS).

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 theprocedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

: 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

_X : In the interest of economy and efficiency, the new work is a logical follow-onto 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

The NSVC was a competitive procurement through GSA eBuy. The RFQ was provided to all (32 at the time) vendors under Schedule 738-X (Human Resources & EEO Services) and CMS received four quotes. Of those four MSM Security offered the best value to the Government and was awarded the order.

: 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);

http://federalregister.gov/a/2011-1686)

3) Market Research:

Currently the Office of Acquisition and Grants Management (OAGM), in partnership with the Provider Enrollment Operations Group (PEOG) within the Center for Program Integrity (CPI) is conducting a procurement using full and open negotiated competitive procedures in accordance with FAR 15, with intentions of awarding multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts for Provider Enrollment and Oversight (PEO) services, including NSVC services. Simultaneously to awarding multiple IDIQ contracts, CMS intends to award two task orders for NSVC services. As of the writing of this LSJ, a draft solicitation has been posted to the Federal Business Opportunities (FBO) website and the finalized solicitation was posted on October 18, 2018 to FBO. To ensure continuity of these critical services, CMS intends to extend the current task order held by MSM Security, until the new contract(s) and task orders can be awarded. MSM Security has been providing the services for seven years and has had satisfactory performance.

Market research was conducted for the multiple award IDIQ and the new task orders that will replace the current NSVC.

Market research was conducted among the current GSA schedule holders for the schedule and category in which the original GSA task order award was made (Schedule 738 X, Category 595 27). After reviewing the price lists of all vendors on this schedule, MSM still holds the best value for work to be performed. Not only is MSM the best value to the Government in regards to pricing on the GSA schedule, but the Government will save on administrative costs by extending the current task order for the limited time required to procure the new IDIQ and task orders.

4) Actions to Increase Competition:

As stated above, CMS is preparing to competitively procure the NSVC services. The new task order will split the current work between two site verification contractors (Eastern and Western regions) and will include Medicaid site visits as an option in the future.

Currently, PEOG relies on a network of contractors to carry out program integrity and provider enrollment and screening tasks in the Medicare and Medicaid programs with the NSVC being one of them. Because of these various programs being created at varying times due to specific legislative authorities that enacted each individual program, PEOG is seeking a contracting vehicle that will encompass all the various enrollment and screening tasks in order to be adaptable to the swift demands and ever-changing enrollment and screening landscape. Currently PEOG is limited in its options to quickly procure contracts to perform new work given the specifics of the program. Award of the Multiple-Award IDIQ and the NSVC task orders is estimated to be May 2019.

5) Any other facts supporting the justification:

In the interest of economy and efficiency, CMS intends to issue a modification as a logical follow-on to the initial NSVC task order award. This will extend the work until June 2019. If additional time is needed, CMS can utilize the second option period of 6 months. The amount of time needed to continue the work until the new contract is awarded is limited. Therefore, instead of procuring a new award at this time it is more economical and efficient to continue the current task order until the new award is in place. The options are only included for this action in an attempt to maintain continuity of these critical services should there be delays in the procurement process, due to unforeseen procurement circumstances or a protest.

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

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 andcomplete.

Contracting Officer / Date

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

OAGM Division Director / Date

OAGM Group Director / Date

OAGM Division of Quality Assurance and Technology / Date

3. Head of Contracting Authority (HCA) Approval I hereby confirm the circumstances described above apply and approve the Limited Source

HCA Name / Date

4. CMS Competition Advocate (CA) / Deputy Chief Operating Officer Approval I hereby confirm the circumstances described above apply and approve the Limited Source

Name / Date