JOFOC_HHS - NCPDP -Signed (2).pdf

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Attachment 6B

J&A under FAR Subpart 6.3 - Justification for Other than Full and Open Competition

“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/Program Support Center/Acquisition Management Services

b. Requiring activity. DHHS/ONC/Certification and Testing Division

c. Requiring Activity Point of Contact (POC) information.

Name. Glenn Janzen

Mailing address.

Office of the National Coordinator for Health Information

Technology

U.S. Department of Health and Human Services

Mary E. Switzer Building | 330 C Street, SW, 7th Floor: 7022A

Washington, D.C. 20201

E-mail address. Glenn.janzen@hhs.gov

Telephone number. (202) 969-3564

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

a. Acquisition purpose and objectives. ONC requires support services from the standards development organization (SDO) NCPDP for the development and maintenance of the electronic pharmacy prescription (e- Rx) test tool for standards they have developed that are in use in the healthcare industry. The NCPDP SCRIPT is listed in federal legislation as required for e-Rx compliance to achieve certification status under the 2015 Edition Cures Update.

b. Project background. NCPDP is an American National Standards Institute (ANSI) accredited Standards Development Organization (SDO) that uses a consensus-based process to create national standards for the electronic exchange of healthcare information. NCPDP standards are widely used across healthcare and have transformed the pharmacy industry, decreasing health system costs while increasing patient safety and quality of care. Many standards developed by NCPDP have been

Updated June 2020 2 named in federal legislation. The 2015 Edition Final Rule named NCPDP SCRIPT standard version 10.6 for §170.315(b)(3) electronic prescribing, and that version of the standard is the most widely used standard in the industry to support the exchange of prescription information nationwide.

More recently, the ONC’s Cures Act Final Rule requires health IT developers to upgrade their systems and implement the 2017071 version of the NCPDP SCRIPT standard for §170.315(b)(3) electronic prescribing.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. National Council for Prescription Drug Programs (NCPDP)

- Standards Support and Advancement

b. Project description. Project focus on support for the evolving technical standards developed and maintained by NCPDP required by the ONC

Health IT Certification Program. The funding will provide support to this organization for standards and interoperability work within the organization’s portfolio that is of mutual interest to ONC. This includes, but is not limited to, development and maintenance of a test tool for standards that involve clinical data exchange, such as those used for electronic prescribing and standards used to represent clinical concepts in vocabularies, terminologies, and code sets.

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): ____________________

Proposed contract/order type. Check all that apply:

×× 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): ___________

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Other (specify): ___________

Completion Form Term form

Acquisition identification number. N/A

c. Total estimated dollar value and performance/delivery period.

$598,714,33, 12 month base, 2 – 12 month option years

4. Identification of the statutory authority permitting other than full and open competition.

Federal Acquisition Regulation (FAR):

xx 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

6.302-2 Unusual and compelling urgency. This acquisition is

U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. This acquisition is

U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3).

6.302-4 International agreement. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C.

2304(c)(4) or 41 U.S.C. 3304(a)(4).

6.302-5 Authorized or required by statute. This acquisition is

U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5).

6.302-6 National security. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6).

6.302-7 Public interest. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7).

13.501(a)(1)(ii) Sole source, including brand name, under Simplified Procedures for Certain Commercial Items. This acquisition is using this justification format, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C.

1903.

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5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

National Council for Prescription Drug Programs, Inc.

9240 East Raintree Drive, Scottsdale, AZ 85260 www.ncpdp.org

b. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

NCPDP is a standards development organization (SDO) that has developed the e-RX SCRIPT that is called out for us in legislation. They are the sole support and standards organization used across the healthcare industry for e-Rx standards.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

5.202 applies. I have researched on SAMS.Gov, reviewed prior ONC and NIST support agreements, performed internet searches for NCPDP SCRIPT support.

NCPDP is unique that it is a SDO and provides services to federal and non-federal organizations for pharmacy related care and interoperability.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. Please see the IGCE for the cost estimate.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research consisted of examining prior support agreements that ONC and

NIST had in place for a cooperative agreement for NCPDP, examination of the capability statement from NCPDP for a list of services provided, and searching the internet for support from private and federal organizations that provide these services.

As a SDO, the services that NCPDP provides are unique to the pharmacy industry. As such, they are the sole provider for services. The Veteran’s

Administration, FDA, and CMS have a variety of support contracts with NCPDP for standards based support, licensing of code sets, standards advising, auditing, etc. The legislative requirements that ONC has will require working with

NCPDP to utilize their services.

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9. Any other facts supporting the use of other than full and open competition.

As the SDO, NCPDP is the sole vendor that supports the NCDPD SCRIPT.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. There are not any other sources.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. It is possible that further services may be required. As this is called in legislation, we currently require support services from NCPDP.

12. 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, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Requiring Activity

POC

Glenn Janzen (IT Specialist)

23JUN2020

POC Immediate Supervisor

Matthew Rahn, Tools and Testing Branch Chief, Certification and Testing Division, OTECH

23JUN2020

Head of the Sponsoring

Program Office

13. Contracting Officer certification. The CO shall complete the information required below and sign the certification in the block provided. The CO’s certification serves as approval of a J&A over $150,000 but not exceeding $700,000.

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

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Contracting Officer

14. Competition Advocate and Head of the Procuring Activity approval. The Competition Advocate and the Head of the Procuring Activity for PSC is the Head of Contracting Activity (HCA). The HCA shall indicate review of, and concurrence with, any J&A over $700,000, but not exceeding $68 million, by providing the information required below and signing in the applicable block.

Official Name & Title Signature Date

Competition Advocate and

Head of the Procuring Activity

15. HHS Senior Procurement Executive approval. The HHS SPE, upon acceptance of the rationale provided in the J&A, shall complete the information required below and sign in the block provided as the approving official for any J&A over $68 million.

Official Name & Title Signature Date

HHS Senior Procurement

Executive