ORES LSJ_Redacted.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Office of Information Technology Requirements Engineering Services (ORES) Agency: CMS Acquisition Year: 2021 Author:

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 Funding Source (s): 012715, 000234, 003708, 000629, and 000764

Name of Proposed Contractor(s): Nimbus Consulting LLC Street Address: 5850 Waterloo Rd City, State, Zip: Columbia, MD 21045

3. Description of Supplies or Services:

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

The purpose of the ORES requirement is to provide independent architectural and engineering expertise for the Office of Information Technology (OIT), The Center for Program Integrity (CPI), The Office of Communications (OC), the Center for Medicare and Medicaid Innovation (CMMI) and other Centers for Medicare and Medicaid Services (CMS) business owners in order to obtain impartial advice to assist in:

1) developing conceptual and technical strategies for CMS data architectures, infrastructures, environments, and systems;

2) advising CMS on enterprise standards and engineering approaches for technical architectures;

3) evaluating technology and architecture options;

4) providing CMS with data and system subject matter and analytical expertise;

5) reviewing technical proposals and plans;

6) helping business owners to match business problems with technology solutions;

7) supporting CMS data and architectural governance initiatives;

Therefore, CMS requires the services of a contractor that can support CMS in implementing national health care transformation. The contractor shall provide continuing, essential services that support forward-thinking requirements engineering and related IT endeavors. These services are especially needed to ensure that the anticipated abundance of new system development projects follow more efficient processes, as the development time frames for these projects are generally quite short. These services will provide CMS with strategic, analytic and professional consulting support for organizational change, concept to design planning, acquisition strategy, process improvement, and other transformational activities.

Based upon the market research conducted during the pre-solicitation phase of the procurement, the Contracting Officer (CO) conducted a competitive task order competition for these requirements under the GSA Multiple Award Schedule (MAS) for all qualified small-business contract holders with SIN 54151HEAL Health Information Technology Services. CMS conducted this streamlined acquisition in accordance with the ordering procedures described at FAR 8.405-2 – Ordering Procedures for Services Requiring a Statement of Work, as well as the regulatory requirements in FAR Subpart 8.4. CMS awarded the ORES task order (GS- 35F-128BA/75FCMC21F0072) to Nimbus Consulting LLC (Nimbus) on July 20, 2021. On July 30, 2021, CMS received notice of a protest of CMS’ award to Nimbus filed with the U.S Government Accountability Office (GAO). CMS anticipates that it will receive a decision from GAO on or before November 8, 2021. The previous ORES task order (GS-35F-128BA/HHSM-500-2016-00060G) included FAR 52.217-8 Option to Extend Services, but the term of the order is already five years in length. Therefore, CMS needs a bridge contract for performance of the ORES requirements until the protest is resolved given the restriction at HHSAR

317.204 against extending the previous ORES task order beyond five years. CMS is requesting a four-month base period, which will allow time for the GAO decision and time to ramp down the work on the bridge contract in an orderly manner. In the event that the protest resolution results in a change in the awardee, we have also included an optional two-month period to transition the work to the new contractor.

The following table provides a summary of the contemplated contract periods of performance and associated costs:

Period of Performance Dates Estimated Cost Base Period 8/23/2021 – 12/22/2021

Optional Transition Out Period 12/23/2021 – 2/22/2022 Total

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));

As previously stated, CMS received a protest of the new ORES task order on July 30, 2021, which was ten (10) days after the task order was awarded. Therefore, pursuant to FAR 52.233- 3 Protest after Award, the CO issued a Stop-Work Order to Nimbus on August 2, 2021 directing them to immediately stop all work on the new ORES task order. Nimbus is also the prime contractor on the previous ORES task order (GS-35F-128BA/HHSM-500-2016-00060G), which expired on July 20, 2021 when the new task order was awarded. Since CMS is unable to extend or otherwise continue with the expired task order, there has been a lapse in performance of these critical services since August 2, 2021. A further lapse in services would cause multiple components within the Agency (including OIT, CPI, OC and CMMI) to experience loss of critical IT project development information sharing, loss of technical and system architecture support, and IT project schedules delays due to stalled in-flight project support.

The ORES contract also provides system security coaching and guidance for CPI’s critical systems. Not having this support greatly increases the risk of a breach, which would have devastating consequences, as this system contains both Protected Health Information (PHI) and Personally Identifiable Information (PII) data. CPI also has twelve (12) systems and two (2) websites that rely heavily on the support of the ORES technical expertise. These technical experts provide day-to-day coordination and oversight along with infrastructure support. The absence of this support will create an extreme delay in reviewing development work, resulting in incomplete milestones and functionalities for these systems. These delays can also create financial and perception risk to the agency if product milestone dates or launch dates that have been agreed upon are moved.

Nimbus Consulting is the only contractor that can fulfill CMS’ immediate need to continue the ORES work. They currently have all the necessary personnel, knowledge, and skills to perform the ORES requirements and no other contractor can fulfill CMS’ need without a lengthy transition period and increased risk to the Government.

____: Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique or highly specialized (FAR 8.405-6(a)(i)(B)); or

____: 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)); or

____: An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. (FAR 8.405-6(b);

5. Market Research:

As indicated above, CMS has determined that no other contractor besides Nimbus can perform the required work without creating a gap in services. CMS examined the history of the ORES requirements and searched its Comprehensive Acquisition Management System (CAMS) to see if any other contracts were being performed by Nimbus. CMS has no other contracts with Nimbus that can be modified to include the additional work; therefore, a new order is anticipated.

6. Actions to Increase Competition:

As previously stated, CMS conducted a competitive procurement for the ORES task order that is under protest. CMS also anticipates that future ORES requirements will be awarded on a competitive basis.

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:

The estimated price for this procurement appears to be fair and reasonable, as it is based on the historical data gathered from the previous contract over a five (5) year period and Nimbus Consulting’s current GSA Schedule contract pricing. GSA has already determined its schedule pricing to be fair and reasonable;

however, the Contracting Officer will seek further price discounts.

Thomas L. Westley Jr -S Digitally signed by Thomas L. Westley Jr -S Date: 2021.08.20 13:47:01 -04'00'

George E. Linares -S Digitally signed by George E. Linares -S Date: 2021.08.20 14:04:12 -04'00'

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.

OAGM Division Director / Date

OAGM Group Director / Date

3. Head of Contracting Activity (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.

08/23/2021

Dawn R. Wilkins -S Digitally signed by Dawn R.

Wilkins -S Date: 2021.08.20 14:10:37 -04'00'

Andrew Mummert -S Digitally signed by Andrew Mummert -S Date: 2021.08.23 07:45:02 -04'00'

Benjamin M. Simcock -S

Derrick L. Heard -S Digitally signed by Derrick L. Heard -S Date: 2021.08.24 07:49:14 -04'00'

_N/A________________________________________________ Name / Date