Limited Sources Justification.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Executive Legislative Provision Program/Project Reporting Support

- No Surprises Act and Transparency Agency: CMS/CCIIO Acquisition Year: FY 2021 Author: Mark Smolenski and Todd Lawson

2. Description of Action:

Nature

• ___ New Requirement

• __X__ 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: $576,817 Funding Source (s): 007462: Titles I (No Surprises Act) and II (Transparency)

Name of Proposed Contractor(s):

Edwards Industries, LLC 10980 Grantchester Way, Suite 300 Columbia, MD 21044

3. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is: $576,817

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 provide support on a legislative provision project reporting and planning at the executive view level to ensure a full integrated view of activities related to the efforts established through the No Surprises Act and Transparency legislation as set forth under the Consolidated Appropriations Act of 2021, to include, but not limited to:

• Statutorily mandated implementation dates of legislative provisions

• Regulations development and implementation e.g., tracking and reporting of major milestones/dates.

• Major operational milestones, dependencies, and decision points to include the associated seven workstreams identified that require CCIIO to build new or modify existing systems to meet legislative provisions.

• Status tracking and reporting of key issues, risks, and decision points needed at the executive level, and;

• Ability to establish a repeatable, effective, and efficient process for producing recurring executive level status reporting at the legislative provision level on the above referenced items.

Most of the functionality required by these provisions must be implemented by the end of Calendar Year 2021 and. In order to achieve this aggressive timeframe and ensure reporting of ongoing operational activities, CCIIO must be able to enable this executive legislative provision planning/reporting capability as efficiently and effectively as possible.

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_: In the interest of economy and efficiency, the new work is a logical follow-on to 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));

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. The current scope of the “Enterprise Project Management” Task Order https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html enables the ability for CMS/OSPR to provide contractor level of effort support across CMS Centers/Offices, as needed, in order to provide project management, planning, and support on an as-needed basis to address urgent and timely needs and requirements. Accordingly, the work that will be done under the new BPA call reflects a direct continuation to the type of work being conducted on the current “enterprise project management” BPA call

5. Market Research:

Market research has been performed by reviewing the various vendors on the Enterprise Operations Blanket Purchase Agreement (BPA) to determine the capabilities and which is best situated to support this critical effort.

After reviewing each vendor, it was determined that Edwards Industries, LLC’s work they are doing under BPA call number 75FCMC20A0003/75FCMC20F0001 is very similar in nature to the work that needs to be completed under Executive Legislative Provision Program/Project Reporting Support - No Surprises Act and Transparency action and that a logical follow-on task order under FAR 8.405-6 would be appropriate.

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. This current work is not being competed is due to using the logical follow-on justification for economy and efficiency and the timeframe in which the work under the BPA call 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 BPA call will be awarded under Edwards Industries, LLC’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

OAGM Approvals

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

N/A__________________________________________________ OAGM Division Director / Date

N/A__________________________________________________ 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.

N/A_________________________________________________ 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