Limited Source Justification signed.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: User Research Data Support Contract Agency: CMS/CCIIO Acquisition Year: FY 2021 Author: Mark Junda and Mark Smolenski

2. Description of Action:

Nature

• __X_ New Requirement

• ____ Follow-On Order

• ____ Modification of Existing Purchase Order / Contract Number

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: $1,400,000.00 Funding Source (s): 007452: Titles I (No Surprises Act) and II (Transparency)

Name of Proposed Contractor(s):

Coforma, LLC 1200 18th St NW Ste 700 Washington, DC 20036-2531

3. Description of Supplies or Services:

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

$1,400,000.00

The Consolidated Appropriations Act of 2021 became Public Law No: 116-260 on December 27, 2020. It's a $1.4 trillion omnibus spending agreement that encompasses many different provisions. Two acts within the law apply to The Centers for Medicare and Medicaid Services (CMS) Center for Consumer Information and Insurance Oversight (CCIIO): Division BB, Title I, "No Surprises Act." and Title II, "Transparency." These provisions in Titles I & II require CMS to (1) Develop policy to further define the details of the provision, (2) Implement operational processes and technical functionality to support operations of the provisions, and (3) coordinate across CMS (e.g., with ASPE) and with Department of Labor, Department of Treasury, and Department of Transportation according to the legislation. CMS is seeking a contractor to conduct the user research data analysis that will support the implementation of the stated provisions. In supporting this effort, . The estimated period of performance is 5/28/21 to 11/28/21.

the contractor will be required to perform the full spectrum of user research activities which includes, but is not limited to, coordinating and facilitating meetings with users and stakeholders in order to elucidate requirements, recruit users, and applying knowledge of the subject matter. The contractor will ultimately provide detailed requirements that define the features and functionality required and support the prioritization of development efforts.

4. 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).

___X_: An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

The No Surprises Act (the Act) was enacted as part of the Consolidated Appropriations Act, 2021, div. BB, tit. I, P.L. 116-260 (Dec. 27, 2020). Due to deadlines in Section 117, Congress has directed CMS to fast track implementation. The urgent and compelling need for a Limited Source Justification is a statutory deadline for the implementation of required functionality to be developed by CCIIO. There are seven workstreams coming from the Act that require user research. The workstreams are as follows: 1. Prescription drug cost data collection, 2.

Independent Dispute Resolution, 3. Gag clause attestation, 4. Mental Health Parity Audits, 5. Agent/broker compensation data collection, 6. Complaints, and 7. Air ambulance claims data collection. The majority of requirements for these workstreams must be implemented within calendar year 2021. User research provided under this action is a precursor activity to future development work and corresponding contract actions. Without the immediate award of this user research contract, all workstreams have a significantly high risk of not meeting the mandated implementation date.

5. Market Research:

Market research has been performed by meeting with various vendors to determine the capabilities and which is best situated to support this critical effort. Based on industry knowledge, the CCIIO team identified four industry leaders that perform user research. Each vendor not only had a proven track record, but has also performed user research in the healthcare environment.

After meeting with each vendor, it was determined that Coforma, LLC is most capable and best situated to perform the work. This was largely based on their demonstrated understanding of CCIIO’s situation with the implementation of the No Surprises Act and suggested approach to use cross-functional teams.

6. Actions to Increase Competition:

If there is a need to continue this work after the period of performance ends, this work will be competed. The only reason this current work is not being competed is due to the extremely short timeframe in which the work under the contract needs to be implemented.

7. Any other facts supporting the justification:

N/A.

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

Best Value Determination. By my signature below, after review of the relevant documents, I have determined that the order subject to this Limited-Sources Justification represents the best value for the Government as set forth in FAR 8.404(d), and constitutes a fair and reasonable price. The basis for my determination is as follows:

This task order will be awarded under Coforma’s GSA Schedule. Per FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Furthermore, quoted pricing for this work will be reviewed by subject matter experts to verify the labor mix and number of labor hours quoted will allow the contractor to successfully complete the work.

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.

Contracting Officer / Date

Alicia J. Joseph -S

Digitally signed by Alicia J.

Joseph -S Date: 2021.04.27 10:30:21 -04'00'

Sheila M. Burke - S

Digitally signed by Sheila M.

Burke -S Date: 2021.04.27 10:53:33 -04'00'

Mark Smolenski -S Digitally signed by Mark Smolenski -S Date: 2021.04.27 11:18:10 -04'00'

OAGM Approvals

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

OAGM Division Director / Date

OAGM Group Director / Date

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

HCA Name / Date

4. CMS Competition Advocate (CA) Approval I hereby confirm the circumstances described above apply and approve the Limited Source Justification.

N/A___________________________________________________ Name / Date

5. Senior Procurement Executive (SPE) Approval Based on the foregoing justification, I hereby approve the procurement of (state supplies/services being procured) on an other than full and open competition basis pursuant to the authority of (state the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 253(c)(1)), as implemented by FAR 6.302-1), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

N/A_________________________________________________ Name / Date

Mark Smolenski -S Digitally signed by Mark Smolenski -S Date: 2021.04.27 11:19:05 -04'00'