Rhapsody SSJ under FAR part 8_Redacted.pdf
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- Solicitation number
- 75F40120A00010_75F40124F19006_Notice
- Issued by
- Not on record
About this file
This is a Sole Source Justification (SSJ) for a contract modification under the Federal Supply Schedule (FSS) program.
The document justifies a modification to an existing Blanket Purchase Agreement (BPA) call order issued to Deloitte Consulting LLP for the Center for Tobacco Products (CTP) Rhapsody Application Implementation. The contracting activity is the U.S. Food and Drug Administration (FDA) under the Department of Health and Human Services (HHS), Office of Mission Acquisition Solutions (OMAS). The modification increases the contract value by $2,635,113.62, with a potential obligation of $1,993,147.50, bringing the total not-to-exceed value to $18,560,183.43. The work involves development, modernization, enhancement, operation, and maintenance of the Rhapsody application, which serves as the primary workflow system for tobacco products review at the FDA CTP. The modification specifically provides additional support for requirements gathering, analysis, development, implementation, and ongoing support for targeted Rhapsody use-cases designed to assist in regulatory review of tobacco marketing applications.
The original BPA call order was awarded on September 29, 2024, following a competitive solicitation issued on August 13, 2024, to FSS BPA holders under the IT System Lifecycle Development and Management Support Services BPA. Deloitte was selected based on best value evaluation considering price, past performance, and technical factors. The contract is structured as time-and-materials, labor-hour pricing. The current period of performance expires in September 2026, with an option to extend through March 2027. This modification also formally incorporates pricing for the Option to Extend Services (FAR 52.217-8). The government anticipates that any new work on the Rhapsody system following contract expiration will be competed under a different procurement mechanism. The justification cites GSAM/R 538.7104-3(b)(1)(iii) as the authority, emphasizing that the new work represents a logical follow-on to the original FSS order and that Deloitte has performed successfully since award.
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4. Authority Cited and Rationale: Authority of the FSS 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, as implemented at FAR 8.401 and GSAM/R 538.7104-3(b)(1).
a. GSAM/R 538.7104-3(b)(1)(iii) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order.
Deloitte has performed this contract successfully since award. The Government anticipates the Contractor will successfully complete the new level of effort (LOE) authorized by this modification during the contract period of performance.
5. Market Research:
Separate market research was not conducted. Based on the Contracting Officer’s knowledge of the commercial marketplace, the services that will be performed because of this modification are commercial information technology (IT) services. While there are many vendors capable of providing the general services included in this order (e.g. application engineering), performing the services included in this modification require an existing understanding of the Rhapsody application, FDA’s IT development workflows, and the CTP program of work. While the existing contract includes provisions to facilitate a transfer from the incumbent to a future vendor, those services may only be exercised at the end of the contract. It would be impractical to have multiple vendors working simultaneously within the same system, performing substantially the same functions.
6. Procurement history:
The original order was placed in accordance with the application FSS ordering procedures, and was not issued under sole-source procedures. The FDA Office of Acquisitions and Grants Services (OAGS) provided Fair Opportunity to BPA holders under its IT System Lifecycle Development and Management Support Services BPA by issuing a solicitation (FDA-SOL- 75F40124Q00379) on August 13, 2024. In lieu of written responses, the Government requested and evaluated respondents’ oral presentations based on price, past performance, and technical factors.
FDA determined that Deloitte Consulting’s response represented the Best Value to the Government, and issued a single, time-and-materials, labor-hour BPA call order with an effective date of 09/29/2024 and a total not-to-exceed value of $18,560,183.43.
7. Actions to Foster Competition for Future, Similar Requirements:
This is a modification to an existing, active BPA call order which was awarded after a competitive solicitation. The current period of performance expires in September 2026, and the Government may exercise an Option to extend the contract no later than March 2027.
The Blanket Purchase Agreement (BPA) under which this BPA call order was issued has expired, and thus any new work supporting this action would be authorized under a different procurement mechanism. The Government anticipates that any new work on the Rhapsody system required after expiration of the existing order will be competed, either as a separate contract (e.g. task order, purchase order), or as an order under a new vehicle established by
FDA.
If the program office determines it is necessary, the Government will exercise an option for transition-out services under the current contract. These services will implement knowledge transfer and capture documentation related to the current system, to allow continuity of operations in the event that continuing support of the Rhapsody system is transferred to a new contractor.
8. Additional Information or Other Facts:
This modification will also formally incorporate pricing for the Option to Extend Services (FAR 52.217-8). This option was included in the original quote provided by the Contractor in response to the solicitation, was evaluated as part of award, and was incorporated by reference into the final award; however, it was not included in the contracting system as a separate line item. Incorporating this into the contract as a line item is in accordance with HHS OMAS’ best practices, and will increase the total contract value within the contract system – and the federal procurement database system (FPDS) – by The Government does not anticipate obligating any funds to this line item as a result of this modification.
9. Technical/Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this Sole-Source Justification is accurate and complete.
Program Manager Name Joe Stolkovich Position Title
COR
E-mail address
Joe.stolkovich@fda.hhs.gov
Program Manager Supervisor Name Position Title E-mail Address Signature
Date
10. Best Value Determination:
In accordance with the FSS Ordering Procedures 538.7102-2(d) ordering activities are not required to make a fair and reasonable price determination for FSS solutions as FSS pricing is determined to be fair and reasonable at the BPA level. To make a best value determination, HHS has considered the GSA catalog pricing, the independent government estimate (IGE) provided by the requiring office, and the original pricing established under the BPA. HHS also considered potential transition impacts and duplication of costs. The quote provided by the proposed vendor was evaluated by the requirements program office to ensure it represented a reasonable level of effort for the proposed work.
11. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to the availability of funds, and provided that the services and supplies herein described have otherwise been approved for acquisition.
Name Renee Jones-Chuang Signature
Date
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