OAGM_ACT_DISC_J&A.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title: lnterim Adaptive Control Testing (ACT)

Agency: The Centers for Medicare & lVedicaid Services (ClVlS)

Acquisition Year: 2019

Author: Division of lnformation Systems Conhacts (DISC)

1. Description of Action:

A. Nature

a. _x_ New Requirement

b. _ Follow-On Order c, _ Modification of Existing Purchase Order / Contract Number

B. 0rder Against

a. (HHSM-500-2017-000131) Multiple Award lDlQ Contract Number

C. Contract Type

a. _x_ Firm-Fixed Price

b. _ Time and Materials

c. _ Cost Plus Fixed Fee (CPFF) i, _ Term ii, _ Completion d.

-Cost

PlusAward Fee (CPAF)

e. _ other:

D. Projected Cost / Price of contract (Base & All Options):$3,902,000

E. The total estimated value of the proposed sole source action (for modif¡cations only):

F. Funding Source (s): Various

G

Basis for Approval (Far 6.303-1(d)

_x*: lndividual Basis

_r Class Basis

2. Description of Supplies or Services:

CMS requires contractor services to provide continuous security testing and assessment to help support the lnformation Security Privacy Group (ISPG) provide security assessments for limited number of CMS systems that are critical and essential within the next six months. This effort is for a short term bridge task order intended to bridge the gap between the expiration of an existing contract until such time as CMS revises its requiÍements and issue a competitive solicitation for a more comprehensive set of testing services,

3. Authority and Rationale:

The Contract¡ng Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,000 unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

_X_ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays IFAR 16.505(bX2XiXA)l;

ln July 2018, CMS awarded contract HHSIV-500-201ô-0003611 Task Order #75FCl\4C'18F0001 under the Strategic Partners Acquisition Readiness Contract (SPARC) lndefinite Delivery lndefinite Quantity (lDlQ) for security testing services of the Cl\4S systems. CIVS has decided to not exercise the next option period on this task order.

The Government plans to competitively compete the revised and more comprehensive testing service with a planned award date of December 2019. This leaves a six months gap in testing services. The bridge task order will fill this gap and will include a decrease scope; not be as comprehensive; cover only the essential servìces; and is a temporary solution.

The estimated value of this bridge task order is approximately $3.9 millìon.

CMS has decided to move forward with awarding a six-month bridge task order to CAP Aurotech an vendor under the SPARC vehicle, without providing for the fair opportunity procedures, in accordance the Exception to Fair Opportunity procedures described at FAR 1ô.505 (bX2XD(A)

B(a) with

CMS requires the essential security testing services starting July 02, 20'19. Without the bridge task order there is a significant increase to the CMS lT security risk profile leaving the Agency vulnerable to cyber-attacks, For these reasons, CMS wìll award a sole-source bridge task order to provide these essential services while we conduct a competition for a more comprehensive set of required services.

4. Provide a statement of the actions, if any, the agency may take to remove or overcome any barrieß that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

The Government will competitively acquire these services by December 2019

5. State any other facts supporting the justifìcation: N/A

Approvals:

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 for Exceptions to Fair Opportunity, which form the basis for this justification.

Kristina Cord¡ng -S

Contracting Officer Representative (COR) / Date rhomasw. i:llXY.iffi::{**- Schankweiler -S lffiore0624 oeerrl

Program/Project Manager (P/PM) / Date

Best Value Determination. By my signature below, after review ofthe relevant documents, I have determined that the order subject to this Justification represents the best value for the Government as set forth in FAR 16.505(b)(2X¡iXBX5), and constitutes a fair and reasonable price. The basis for my determinat¡on is as follows:

The Contracting Officer will obtain certified cost and pricing data as there arc no exemptíons applicable. FAR 15.403-1 (a) (3) requires cost analysis to be performed when obtaining cefiified cost and pricing data.

The Contracting Ofïcer will perform cost analysis by using the analysis technique described at FAR I 5.404-1(c). Additionally, a price analysis as described in FAR l5.404-l (b)(2)(v) will be used to detennine if the price compared to the IGCE is fair and reasonable.

Date: 2019.06.24 I 3: 10:05

Contracting Officer /

Additional OAGM Approvals:

I hereby confirm the circumstances described above apply and approve the justification for Exceptions to Fair 0pportunity.

And feW Disita ys¡$ed by Andrew

MUmmeft _S Date: 20 ìs.06.24 1 3:32:08

Gontracting Officer Certification: This is to celify that the justif¡cation 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 ntionale and recommendation for approval, is accurate and complete.

Natha n iei M. R:1[:l'.ì fl,,:"B:å:. *

OAGM Division Director / Date

Lyandra ï:|':'JI;HÏ",X::, , Em m a n uel -s

?å:i :Å':åfÅ:

Melissa A. StarinSky - Disitallv s¡sned bv Melissa A' s ' 3Ïåll[l;t 6.2814rr:oo-04'oo'

OAGM Group Director/ Date

Head of Contracting Authority (HCA)Approval

I hereby confirm that the circumstances described above apply and approve this Justification for Exception(s) to Fair Opportunity, HCA Name I Date

Competition Advocate Approval

I hereby confirm that the circumstances described above apply and approve this Justification for Exception(s) to Fair Opportunity.

Name/

--r¡<,,nf l.a.