CMS justifies extension of CMS Master Data Management (MDM) and Enterprise Data Lake (EDL) Support contract

CMS is using the exception for fair opportunity described in FAR 16.505 (b) (2)(i)(C) to award a sole source task order award to serve as a bridge contract to continue the Master Data Management (MDM) and Enterprise Data Lake (EDL) services.

On February 27, 2018, CMS issued a task order using fair opportunity procedures for severable professional services to operate, maintain and iterate on CMS’ Enterprise Master Data Management (MDM) system, including support to establish and maintain the CMS Enterprise Data Lake (EDL) system. The awardee was Next Phase Solutions and Services, Inc. (NP). The term included a 12-month base period followed by four, consecutive, one-year option periods. The last option period included a transition-out task to be performed in the final four months. The contract number is HHSM-500-2017-00042I/75FCMC18F0001. CMS issued the order under the Strategic Partners Acquisition Readiness Contact (SPARC), a multiple-award Indefinite
Delivery Indefinite Quantity (IDIQ) contract.

The period of performance (POP) was as follows:
Base Period- February 28, 2018- February 27, 2019
Option Period I- February 28, 2019- February 27, 2020
Option Period II- February 28, 2020- February 27, 2021
Option Period III- February 28, 2021- February 27, 2022
Option Period IV- February 28, 2022- February 27, 2023

On December 21, 2022, CMS subsequently issued a follow-on task order for Enterprise Master Data Management (MDM) and Enterprise Data Lake (EDL) Services to Sparksoft Corporation. That order was awarded using Fair Opportunity under GSA Multiple Award Schedule (MAS). The order included a period of performance from January 9, 2023 through January 8, 2028. On January 18, 2023, GAO notified CMS of a protest to the award that was filed on January 17, 2023. On January 19, 2023, CMS issued a stop work order to Sparksoft under the follow-on order.

As the MDM/EDL effort required a four-month transition of services consisting of concurrent performance of work by the outgoing and incoming contractors, CMS determined that a bridge contract would be needed to cover the transition out period and any additional time needed to resolve the protest. The Justification and Approval (J&A) for that action was approved on February 17, 2023 and CMS awarded the bridge contract on
February 27, 2023. The period of performance of the “bridge” task order was February 28, 2023 through October 27, 2023, which included a transition out period to begin on June 28, 2023 through October 27, 2023

CMS modified the bridge contract in June 2023 to add time necessary for investigation of a possible procurement integrity act violation and completion of the corrective action resulting from the resolution of the protest of the follow-on order. Authority for that action was granted under another J&A which CMS approved on June 28, 2023. The period of performance of the modified “bridge” task order was February 28, 2023 through February 27, 2024. Four (4) months of steady state (June 28, 2023 through October 27, 2023) were added and the transition out period was shifted to October 28, 2023 through February 27, 2024. CMS completed its investigation and corrective action on September 28, 2023 and re-affirmed award to Sparksoft Corporation. On September 28, 2023, CMS issued Next Phase Solutions and Services (Next Phase) a modification exercising CLIN 0004- Transition Out under the original MDM/EDL support services task order. Next Phase subsequently submitted a protest on October 4, 2023, to the United States General Accountability Office. On October 4, 2023, CMS issued a stop work order to Sparksoft. On October 5, 2023, CMS issued a TDL to Next Phase directing Next Phase to immediately stop transition activities under CLIN 0004 and resume working to maintain the status quo in terms of MDM/EDL support under CLIN 0007 until further notification.

CMS completed corrective action on May 23, 2024 and re-affirmed award to Sparksoft Corporation. Next Phase subsequently submitted a protest on June 4, 2024, to the United States General Accountability Office. MDM requires a four-month transition of services from the incumbent contractor to the awardee, which requires concurrent performance by the outgoing and incoming contractors under their respective contracts.

This work cannot begin until the GAO protest is resolved, which CMS expects to be no later than September 11, 2024. In addition, MDM requires O&M requirements to be ongoing until the transition activities can begin. The current task order’s O&M CLIN ends on August 27, 2024 which is before the GAO decision date.

Therefore, CMS contemplates a modification to the bridge contract to allow time for resolution of the protest, and allow for continuation of O&M and completing the transition out task. With this modification, CMS will extend the bridge by six (6) months from August 28, 2024, through February 28, 2025. Transition out would need to be re-priced and added to the contract.

Read The Full Justification Here

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