WECMS-Extension-LSJ - Final -8-21-24.pdf

FEDERAL SUPPLY SCHEDULE LIMITED-SOURCES JUSTIFICATION

Acquisition Title: Web Experience and Content Management Services (WECMS) Agency: Centers for Medicare and Medicaid Services – Office of Communications

Acquisition Year: 2024 Authors: Zachary Dietz, Gregory Snyder & Donald Bozimski

1. Description of Action:

Nature

☐ New Requirement ☐ Follow-On Order ☒ Modification of Existing Purchase Order / Contract Number

Contract Type ☒ Firm-Fixed Price ☐ Time and Materials ☐ Cost Plus Fixed Fee (CPFF)

☐ Term ☐ Completion

☐ Cost Plus Award Fee (CPAF) ☐ Other:

Total Projected Cost / Price: $750,000 Funding Source (s): No Surprises Act Implementation Fund (Project 007467).

Name of Proposed Contractor(s): CivicActions Inc.

Street Address: 3527 Mt Diablo Rd City, State, Zip: Lafayette, CA 94549

2. Description of Supplies or Services:

The estimated value of the proposed action, including all options, is: $750,000.

The Centers for Medicare and Medicaid Services (CMS) is the Federal Agency in charge of the Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) programs, as well as numerous health care programs established under the Affordable Care Act (ACA). The Web and Emerging Technologies Group (WETG) in CMS’ Office of Communications (OC) is responsible for tasks related to the consumer experience and management of bilingual public facing websites and subdomains. WETG needs a Contractor to provide ongoing maintenance and support for the Drupal digital experience platform. The Contractor shall analyze CMS’s current Drupal websites, recommend improvements and implement recommendations as directed by CMS. CMS has three instances of Drupal 9, which are located in the Acquia Cloud, and behind an Akamai web application firewall (WAF): medicare.gov and cms.gov.

3. Authority:

☒: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).

☒ An urgent and compelling need exists, and following the procedures would result in unacceptable delays (FAR 8.405-6(a)(1)(i)(A));

The proposed action is an extension to the Web Experience and Content Management Services (WECMS), a Task Order under a GSA Federal Supply Schedule Contract (GS-35F-337BA/75FCMC20F0025) awarded to CivicActions Inc. The subject task order was awarded on February 28, 2020 and was a total small business set aside. The period of performance concluded on August 13, 2024. The agency’s original intent was to award a follow-on Task Order using competitive procedures for Federal Supply Schedule orders.

The follow -on Task Order was awarded on August 31, 2023 to Bellese Technologies, LLC. On September 11, 2023 the agency received two (2) Government Accountability Office (GAO) level protests from unsuccessful offerors for the follow-on contract. A new follow-on Task Order was awarded on August 14, 2024 to CivicActions, Inc. On August 20, 2024 the agency received a protest from the original awardee, Bellese Technologies, LLC. As a result of the protest, work under the WECMS task order must continue.

The work performed by Civic Actions under the WECMS Task Order is critical to the agency mission. The WECMS contract manages the operation of CMS’ public websites CMS.gov and Medicare.gov, so a lapse in service would negatively impact a beneficiary’s ability to research healthcare options and select plans, service providers or even medical products and services. Maintaining the WECMS contract is especially important during the annual Open Enrollment season, which for Medicare this year is October 15 through December 7. The open enrollment season is set by statute and results in large amounts of web traffic from the public to CMS’ public-facing websites and portals. The WECMS contractor provides continuous twenty-four hour coverage seven days a week (24x7) as well as non-production support during CMS’ standard business hours (6:00 AM- 6:00PM EST, Monday-Friday) to support the operations and maintenance of CMS websites to include:

• medicare.gov

• cms.gov

• innovation.cms.gov

• marketplace.cms.gov

• healthcare.gov

• data.cms.gov

• data.medicare.gov

• data.medicaid.gov

• data.healthcare.gov

• openpaymentsdata.cms.gov

• pfs.data.cms.gov

Failure to provide Drupal support during the Open Enrollment season could result in website outages or failures to members of the public and would likely lead to inquiries from members of the media, members of the public, higher level officials from HHS and the Executive Office of the President, and members of Congress. This Limited Source Justification is requesting:

• An extension period as follows:

o Extension Period 1: August 21, 2024-September 5, 2024

CMS intends to request an additional Extension Period via a second Limited Sources Justification as follows:

Extension Period 2: September 6, 2024-November 28, 2024

As the current contract holder, CivicActions is the only contractor that can perform the work during the open enrollment period without significant risk of nonperformance or risk of unsatisfactory performance.

CivcActions has earned at least a satisfactory (or better) in all areas and evaluation periods for the subject Task Order in the Contractor Performance and Rating System (CPARS). Unsatisfactory performance for this contract would present a high profile and public delays or mission failure.

☐ 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);

☐ 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);

4. Market Research:

The agency conducted market research in anticipation of awarding the follow-on Task Order discussed above.

CMS determined that sixteen (16) small businesses were capable of which seven (7) were interested, all of which were GSA Multiple Award Schedule (MAS) holders of 54151S, The Information Technology Professional https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html

Services Special Item Number (SIN). The follow-on Task Order utilized a phased approach and elicited thirteen

(13) responses of which four (4) submitted phase two responses. The agency’s evaluation of phase two proposals determined that multiple vendors were technically acceptable. While the award decision is under GAO level protest, CMS intends to make a competitive award to the follow-on Task Order in accordance with the Voluntary Corrective Action plan. While market research demonstrates multiple firms are capable of performing the work as stated in the Statement of Objectives (SOO), no other contractor can stand up support in a timely manner without imposing undue risk to CMS since CivicActions is the only firm currently performing the work. As the current contract holder, CivicActions is the only contractor that can perform the work during the open enrollment period without significant risk of nonperformance or risk of unsatisfactory performance.

CivcActions has earned at least a statifactoy (or better) in all areas and evaluation periods for the subject Task Order in the Contractor Performance and Rating System (CPARS). Unsatisfactory performance for this contract would present a high profile and public delays or mission failure.

5. Actions to Increase Competition:

The agency intends to award a competitive follow-on Task Order in accordance with any Voluntary Corrective Action plan developed jointly by the CO and HHS OGC attorneys or any resolution as directed by the GAO.

6. 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

2. Contracting Officer Certification and Best Value Determination:

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.

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 contractor proposed pricing will be compared to the contractor’s GSA price list as well as the Independent Government Cost Estimate, market research, and historical data to include a comparison with the rates established on their current GSA contract and the previous task orders. Based on this analysis, the Contracting Officer will negotiate a fair and reasonable price. A further determination will be made by the Contracting Officer that the action represents a fair and reasonable cost to the Government by conducting both a technical and price evaluation as part of a fair and reasonable price determination.

Contracting Officer / Date

3. CMS Competition Advocate Approval

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

N/A Name / Date

4. Head of Contracting Activity (HCA) Approval

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

N/A

5. Office of Small and Disadvantaged Business Utilization

6. OGC Legal Review

7. HHS Competition Advocate Approval

8. Senior Procurement Executive (SPE) Approval

Based on the foregoing justification, I hereby confirm the circumstances described above apply and approve the Limited Source Justification.