JA Limited Source Justification NSVC 2021.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: National Site Visit Contract (NSVC) Agency: CMS Acquisition Year: 2021 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:

Period of Extension Months Estimated Cost October 5, 2020 – February 4, 2021 4 $1,250,000.00 *January 5, 2021 – May 4, 2021 (option) 4 $1,250,000.00

*Contingency in case of further delay due to protest

(Please note that the periods of performance mentioned above have a one-month overlap as a result of the current contract requirement for a 30-day site visit to be completed within the same period of performance as the order date. This requirement prevents CMS from ordering any more site visits for the current period beginning on October 5, 2020 (current period end date of November 4, 2020) and the extension period on January 5, 2021 (period end date of February 4, 2021).

The estimated value of the proposed action, including all options, is $2,500,000.

The estimated value of the task order, including all options above, is $46,431,409.

Funding Source (s): Provider Enrollment Application Fees

Name of Proposed Contractor(s): SCIS, Securitas Critical

Infrastructure Services, INC.

Street Address: 13900 Lincoln Park Drive, Suite 360 Herndon Virginia, 20171

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 regulatory requirements, the site verification initiative will also continue to 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 the 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 10 and 15, pertaining to independent diagnostic testing facilities (IDTFs).

3) 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.

: 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

Securitas (formerly MSM Security Services, LLC) has been performing as the National Site Visit Contractor (NSVC) for Medicare Parts A and B for 8 years. Previous Limited Source Justifications (LSJs) were executed to maintain continuity while a procurement for multiple award indefinite delivery, indefinite quantity (MA-IDIQ) contracts for Provider Enrollment and Oversight (PEO) services, including two initial task orders for site visit services, was underway. Award of the MA-IDIQ contracts and two task orders for site visit services were completed in August 2020, however, in response to the award, multiple protests were filed with the Government Accountability Office (GAO), necessitating that CMS issue stop work orders for the site verification services task orders. Because on-site visits are required for not only the entire continental United States (U.S.), but also Alaska, Hawaii, and any territories owned by the U.S, Securitas is the only company that is in a position to maintain continuity of site visit services at a reasonable price. Therefore, to maintain continuity of services it is necessary to extend the current task order until the protests are resolved and the work can be transitioned to the new task orders. Securitas has an organizational structure and approach including personnel to maintain continuity in site visits across the entire continental U.S. and its territories. Quality and timely site visits are critical to the process used to prevent questionable providers/suppliers from enrolling in Part A and Part B. Extension of the current task order is the best method for maintaining continuity of these services at a reasonable price until the protests are resolved. Other methods such as a separate competitive procurement or sole source award to another contractor would require additional time and resources. Awarding a contract to a company other than Securitas would require a minimum of two to three months to transition the work from the current contractor to the new contractor. CMS anticipates transitioning the site visit work to another contractor(s) once the protest is resolved and a transition at this time would be inefficient and could negatively impact the operational effectiveness of the program by undergoing multiple transitions in a short period of time.

____: 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

___ : 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).

4) Market Research:

Market research was conducted as part of acquisition planning for the PEO MA-IDIQ Contract, which is the vehicle that the new task orders for Site Verification Services (SVS) task orders were awarded under, through a full and open competitive procurement. The current NSVC task order, held by Securitas, was anticipated to run concurrent with the newly awarded task orders to facilitate a transition period. However, a stop work order was issued for the task orders making it necessary for CMS to extend the current GSA task order held by Securitas until the protests can be resolved. Securitas has been providing the services for over eight years and has a record of satisfactory performance as documented via the Contractor Performance Assessment Reporting System (CPARS).

5) Actions to Increase Competition:

As stated above, CMS procured the services through a full and open competitive negotiated procurement under the PEO solicitation that was published on the Federal Business Opportunities (FBO) website. The newly awarded task orders split the work of Medicare site visits, currently being performed by Securitas, between two SVS contractors (Eastern and Western regions) and includes site visits for suppliers of durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) and Medicaid (option in the future).

CMS experienced adequate competition for the awards of the SVS task orders in conjunction with the award of the PEO MA-IDIQ contracts. An award was made in August 2020, however, in response to multiple protests, stop work orders were issued for the two newly awarded task orders for site verification services, thus impacting the anticipated schedule for transitioning the work to the new task orders, making it necessary to extend the task order with Securitas.

6) Any other facts supporting the justification:

Extension of the current task order is the most suitable and efficient method for maintaining continuity of services. The optional period (January 5, 2021 – May 4, 2021) is included in an attempt to minimize the impact of any delays in resolving the current protests and/or receiving additional protests.

7) Best Value Determination:

By the Contracting Officer’s signature below, after review of the relevant documents, the contracting officer has determined that the order subject to this Justification represents the best value for the Government as set forth in FAR 8.405-6(c)(2)(v), and constitutes a fair and reasonable price. The basis for my determination is as follows:

The price included in this LSJ are set at the current market rate for the site visit services being provided by Securitas, these prices have been determined to be fair and reasonable and in the best interest of the government during the current contract extension period.

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.

Dennis Adams Contracting Officer Representative (COR)

Desiree Wheeler Program/Project Manager (P/PM)

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.

Gina Romano Contracting Officer

OAGM Approvals

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

Debra Stidham DPIFMC/OAGM Division Director

Craig Gillespie ASG/OAGM Group Director

09/08/2020

Date: 2020.09.08 10:25:31 -04'00'

Date: 2020.09.08 11:40:55 -04'00'

Debra Stidham -S

Digitally signed by Debra Stidham -S Date: 2020.09.17 12:30:52 -04'00'

Craig A.

Gillespie -S

Digitally signed by Craig A. Gillespie -S Date: 2020.09.17 14:26:42 -04'00'

3. Head of Contracting Authority (HCA) Approval

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

Melissa Starinsky

HCA

4. CMS Competition Advocate (CA) / Deputy Chief Operating Officer Approval

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

Karen Jackson

CA

Derrick L. Heard -S

Digitally signed by Derrick L.

Heard -S Date: 2020.09.22 11:03:20 -04'00'

For: