NOTICE OF INTENT TO ISSUE SOLE SOURCE CONTRACT EXTENSION.pdf

NOTICE OF INTENT TO ISSUE SOLE SOURCE CONTRACT EXTENSION

The Centers for Medicare & Medicaid Services (CMS) intends to extend the Period of Performance for the National Education Campaign & Outreach Contract (NEC) Indefinite Delivery, Indefinite Quantity

(IDIQ). The NEC IDIQ contract holders include Daniel J Edelman, Inc. (75FCMC18D0043), Ketchum, Inc. (75FCMC18D0044), Porter Novelli Public Services, Inc. (75FCMC18D0045), and IPG DXTRA, Inc. (75FCMC18D0046). The NEC IDIQ is currently being recompeted under solicitation

75FCMC25R0001 utilizing full and open procedures and is expected to be awarded in fiscal year 2025;

however, the current NEC IDIQ ordering period ends August 31, 2025. As a result of the potential for delays in the recompete of the NEC IDIQ, a determination has been made that there is a continued need for the current NEC IDIQ, past August 31, 2025. The extension will allow the Government to continue placing orders under the existing IDIQ contract beyond August 31, 2025, for a period not to exceed six

(6) months with a 6-month option period. This is a temporary action to maintain critical services while the competitive follow-on IDIQ is finalized and awarded. It is the Government’s intent to modify the terms of the current NEC IDIQ so that once the ordering period for the follow-on IDIQ begins, no new

Government requirements will be ordered against the current NEC IDIQ, regardless of its extended

Period of Performance. CMS’ priority is to competitively award the new NEC IDIQ in fiscal year 2025, while mitigating the risks of a possible delay in award.

The NEQ IDIQ provides CMS with a mechanism to support the agency in conducting a full range of activities associated with developing, implementing, and evaluating national integrated communications campaigns. The NEC IDIQ primarily focuses on conducting a full range of activities associated with executing CMS outreach, education, and communication campaign efforts and initiatives, coordinated with both internal and external stakeholders at a national, regional, state, and local level. The proposed sole source extension will provide CMS the ability for the NEC IDIQ to continue to serve as CMS' primary mechanism for supporting national integrated communications campaigns.

By extending the NEC IDIQ, CMS avoids allowing the IDIQ to expire before the replacement is in place, which would disrupt operations and negatively impact mission readiness. Continuing performance with the incumbent contractors will ensure uninterrupted mission support and avoid unnecessary disruptions, hand-offs, and additional transition costs that would result from awarding an interim bridge contract to different vendors. Extending services under the current contract until the new NEC IDIQ contract is fully transitioned ensures operational continuity and represents the most cost-effective and efficient path forward.

The extension does not increase the contract’s ceiling or materially alter its scope. It is a temporary administrative action necessary to ensure acquisition continuity. The current NEC IDIQ remains the only vehicle that ensures CMS can continue its full range of outreach, education, and communication activities nationwide without interruption.

This requirement will be issued in accordance with the authority of 41 U.S.C. 3304(a)(1) and FAR Part

6.302-1 (a)(1), "Only one responsible source and no other supplies or services will satisfy agency requirements."

The NAICS code for this procurement is 541810-Advertising Agencies. The anticipated Product Service

Code (PSC) for this procurement is R426 -Support- Professional: Communications.

Interested and qualified sources may submit a capability statement, not to exceed 10 pages, in response to this notice. Submissions will be reviewed by the agency. All responses must be submitted in writing via email to Deanna Kuehn, Contract Specialist, at Deanna.Kuehn@cms.hhs.gov no later than 12:00

PM EST on June 16, 2025.

Responses will be evaluated solely to determine whether a competitive procurement process should be initiated for this short-term extension. Submissions must provide clear, compelling, and convincing evidence that competition would benefit the Government. The decision to proceed with or forego competition based on responses received is at the sole discretion of the Government.

This notice of intent is neither a formal solicitation nor a request for competitive proposals. No award will be made on the basis of unsolicited quotations or offers received in response to this notice.

Protection of Privileged or Confidential Commercial or Financial Information

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides individuals with a right to access certain records in the possession of the Federal government, subject to certain exemptions. Exemption 4 of the FOIA permits information to be withheld that is in the nature of "trade secrets and commercial or financial information obtained from a person and privileged or confidential." The term "person" refers to a wide range of entities, including corporations, banks, state governments, agencies of foreign governments, and Native American tribes or nations, who provide information to the government.

Information that does not qualify withholding under the Exemption will be disclosed.

CMS may invoke Executive Order 12600 in accordance with FOIA Regulation 45 C.F.R. § 5.42.

Information provided by entities to CMS in response to this notice may be subject to FOIA disclosure requirements unless protected under Exemption 4 of the Freedom of Information Act. Should entities wish to protect any trade secret or confidential information under Exemption 4, they should mark their submission accordingly citing applicable redactions and non-disclosure rationale. Pre-disclosure redactions and non-disclosure rationale shall be sent via e-mail to the requesting contracting officer with a copy to the CMS FOIA Office at FOIA12600@cms.hhs.gov.

If an entity’s submission is not marked and CMS receives a FOIA request related to this notice, the

CMS Contracting Officer will notify the entity. The entity will have 10 working days to object to the release of any part of their information submitted to CMS citing relevant case law. Final determination on the applicability of Exemption 4 of the FOIA are made on a case-by-case basis by CMS.

The statutory language of the FOIA is codified at 5 U.S.C. § 552(b). Additional information and resources, including the 9 FOIA Exemptions and HHS FOIA Regulation, and examples, can be found on the HHS FOIA Website.

mailto:Deanna.Kuehn@cms.hhs.gov mailto:FOIA12600@cms.hhs.gov