J-and-A-Other-Than-Full-and-Open SQUID.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

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 Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s):

Street Address:

City, State, Zip:

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

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

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

https://www.acquisition.gov/far/part-8#FAR_Subpart_8_4 https://www.acquisition.gov/far/part-13 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-6#FAR_Subpart_6_3 https://www.acquisition.gov/far/part-6#FAR_6_303_1

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

Explain why the intended contractor is the only responsible source who can provide the required supplies or s ervices.

Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or servic es will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs in accordance with FAR 11.105. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5)

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Other (See FAR Subpart 6.3 for additional authority)

Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

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

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

https://www.acquisition.gov/far/part-6#FAR_6_302_1 https://www.acquisition.gov/far/part-6#FAR_Subpart_6_3 https://www.acquisition.gov/far/part-11#FAR_11_105 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_5

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones f or the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start -up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quant ity or performance period.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart

5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If ac tion is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

9. Procurement History:

Purchase order or contract number:

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:

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://www.acquisition.gov/far/part-10#FAR_10_002

10.Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available;

describe actions taken to remedy the situation.

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.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

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:

https://www.acquisition.gov/far/part-15#FAR_15_402 https://www.acquisition.gov/far/part-15#FAR_15_402 https://www.acquisition.gov/far/part-15#FAR_15_403_4

14. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

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:

All J&As greater than $68 million must have a review from the Office of Small & Disadvantaged Business Utilization (OSDBU) prior to sending it to the Department. The OSDBU at their discretion may review any J&A.

16. Office of Small and Disadvantaged Business Utilization Review: (Required for contracts exceeding $68 million (value calculated including all options)):

Concur:

Non-Concur:

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

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

Concur:

Non-Concur:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

19. HHS Senior Procurement Executive (SPE) Approval:

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:

In August 2020, CMS awarded a contract for the System for Quality Improvement Data (SQUID) to Carahsoft Technology Corporation (“Carahsoft”) for the use of the Qualtrics Experience Management System license. The Qualtrics management system serves as a solution for the iQuality Improvement and Innovation Group (iQIIG) to collect, attribute, analyze, and synthesize data from a range of sources and generate meaningful reports, dashboards, and insights. The system allows for ingestion, access, management, storage, and exchange of data between CMS and all Network of Quality Improvement Contractors (NQIIC) Task Order (TO) awardees and related support contractors performing under the 12th Scope of the Quality Improvement Organizations (QIOs). It is currently being used to support the NQIIC program data reporting for the following:

• Nursing Home (NH) Encounters

• COVID Vaccine Encounters

• General Outreach for COVID Vaccination

• Learning and Action Network (LAN) Events

• QIO Best Practices

The system operates on a cloud-based technology platform that is FedRAMP MODERATE Authorized at CMS with a Privacy Impact Assessment (PIA) that is approved for PII and PHI. The system will have scalability and be built on a technology stack deployed on the CMS AWS enclave with an Authority to Operate (ATO).The system provides access based on user groups and an architectural solution that is flexible, agile, and adaptable for future initiatives and changing business requirements. This contract is essential and allows CMS to implement quick, focused, and data-driven quality improvement initiatives to support healthcare facilities across the nation in response to national emergencies and changing health priorities as provided by the agency.

The initial contract was awarded with one 12-month base year and two 12-month option years. The current period of performance ends on August 10, 2023. The purpose of this new contract award is to add two (2) additional performance years. Two additional option periods will not be issued under the current contract as Qualtrics and Carahsoft has undergone a consolidation for both GSA Multiple Award Schedule (MAS) Contracts. The schedule GS-35F-0119Y is no longer the current active contract. The contract was not originally awarded as a five-year period of performance because it was not known at the time if Qualtrics would be the long-term solution for iQIIG for the 12th Scope. As the tool was continuously leveraged it was determined that the Qualtrics solution would be leveraged for the 12th Scope and is required until CMS can migrate to a new IT solution envisioned for the 13th Scope.

The first year of the new award (base year) aims to support the remainder of the 12th Scope for the NQIIC work. The license fees and maintenance fees for the data validation tool are essential in the day-to-day operations of the Nursing Home and Partnership for Community Health programs. The system is needed to allow the NQIIC contractors to continue to submit their self-reported data to CMS through the Qualtrics tool for the remainder of the 12th Scope period of performance. This data is used to track provider enrollment, progress of various quality improvement initiatives, and report outcomes. It is essential to have Qualtrics to continue supporting current operations and data collection efforts in the 12th Scope as well as provide technical support and guidance to CMS and the contractors in terms of system and tool enhancements; troubleshooting of issues; and assistance with API reconfiguration and adjustments.

The second year of the new award (option period 1) is intended to serve as a risk mitigation strategy to ensure that iQIIG can utilize an existing data collection mechanism that can be readily and swiftly customized and deployed as deemed appropriate by iQIIG. CCSQ is considering other technology solutions to support the 13th Scope, which begins in November 2024, and including this additional option year on the current contract will minimize risk and allow for transition to a new system as CCSQ shifts from the 12th to the 13th Scope and the new technology solution is required. This contract will keep the continuity of service before CMS transitions from the 12th Scope. This contract will not support the 13th Scope.

The new contract award will ensure that iQIIG continue to obtain support from the Qualtrics team composed of the Program Architect, Technical Consultants, and the Technical Account Managers. The Program Architect is engaged in the management of design, implementation, and deployment of various data collection tools and operational dashboards. Responsibilities include project planning. change management planning, oversight of the project architecture and execution, serve as customer points of contact for technical support, project tracking, and action item management. The Technical Consultant provides Qualtrics solution expertise during implementation of all data tools including: instrument authoring including logic and flow, dashboard design and configuration, data directory automations and configuration, and closed loop ticketing and action planning. The Technical Account Managers assist with system maintenance and tool enhancements while also providing frontline technical support to Qualtrics users and run quality assurance checks to ensure that all the data tools for the Qualtrics System are working appropriately.

In these additional performance years under a new contract, iQIIG plans to operate at a lower level of labor hour cadence for the Qualtrics implementation team. In anticipation of the lower cadence for development of new data collection and data visualization tools, the Technical Consultant and Project Architect will operate at 15 hours/week combined. iQIIG also intends to continue to acquire an additional 10 hours of Technical Account Managers support, supplementing the 30 hours/week already built in to the contract. The total 40 hours a week for Technical Account Manager support is needed for CMS and contractor technical support; bug fixes and scheduled system updates; and troubleshooting of API issues.

Text70: Carahsoft is the only selling agent and Government aggregator of the Qualtrics Experience Management System license. The 12th Scope of the NQIIC program started in November 2019 and ends in November 2024. Not continuing with this contractor and the Qualtrics technology solution, will expose higher risks for program disruption and lapses in current workflow that would negatively impact the achievement of program objectives for Nursing Homes and communities. The knowledge and skills gained by the current team will be very difficult to replace at this point in the program. In addition, there will be significant cost implications if CMS attempts to transition the work during this time, and would include re-development of the various data collection and visualization tools and re-establishment of the application programming interface (API) between CMS and the contractors which could take more than 6 months.

The current contract satisfies a critical need for CMS to have report-based services utilizing data analytics. Support services from Carahsoft for Qualtrics are provided by a team of data and project management experts who have the necessary technical knowledge and experience to configure the system to meet the data needs of CMS. The Qualtrics implementation team is comprised of the Technical Account Mangers, Program Architect, and Technical Consultants. The team is highly specialized to support the Qualtrics system and they maintain the appropriate security and technical certifications. Over the past couple of years, the team has gained valuable understanding of how the quality improvement program works; insights about working with various internal and external stakeholders, and served as creators/editors of the various data tools that are actively being used by CMS. Not having the team continue with the work will lead to loss of these essential knowledge, disruption of current workflows and can lead to delays in implementation of new data tools that support the quality improvement program . This can result in significant and unnecessary delays in the provision of quality improvement support provided to various healthcare facilities, particularly to mobilize the contractors for high priority health concerns as identified by CMS.

In addition, a change in the technology platform will lead to more cost to reconfigure the data reporting structure of the contractors and the data tracking mechanisms of CMS. Maintaining the necessary technical expertise to manage the Qualtrics Experience Management system licenses through Carahsoft, who is the sole selling agent and Government aggregator of the license will ensure the system will meet legislative demands required by the program as well as ensure the system can be ran to collect, attribute, analyze, and synthesize data from a range of sources and generate meaningful reports, dashboards and insights to allow for ingestion, access, management, storage and exchange of data between CMS and all NQIIC TO awardees and support contractors.

The new data solution is anticipated to replace this contract in calendar year 2024. This Squid contract will serve as a risk mitigation strategy to ensure that iQIIG maintains the ability to utilize an existing data collection mechanism that can be readily and swiftly customized and deployed as deemed appropriate by iQIIG as well as allow for transition to a new system as CCSQ shifts from the 12th to the 13th SOW, and as the new technology solution is deployed.