Notice ID: 75N98120D00060_75FCMC22F0038
Contract Award Number: 75N98120D00060
Task/Delivery Order Number: 75FCMC22F0038
CMS conducted a competitive procurement for continuation of these services. CMS awarded a task order to Quality Technology, Inc. (QuTech) on February 28, 2022. An unsuccessful offerer submitted a timely protest to the United States Government Accountability Office (GAO) on March 7, 2022. CMS therefore issued a Stop Work Order to QuTech on March 9, 2022. CMS’ predecessor task order providing these services expires on March 18, 2022. The order does not include the FAR clause 52.217-8, Option to Extend Services. QuTech is the incumbent contractor on this task order. The order will reach the end of its fifth year when it expires. HHSAR 317.204 prohibits contracts from exceeding five years unless approved by the HHS Senior Procurement Executive which cannot be practicably obtained. The period of performance for the short-term bridge services identified above is March 19, 2022 through March 18, 2023 (if CMS exercises all options). CMS plans to include three, two-month options for continued services as well as a three-month option for transition-out services should CMS need to select a new contractor. The APP for this action is 221298
QuTech is the only responsible contractor at this time who can provide the required help desk services with no lapse in service. QuTech is currently serving in this role and has all necessary personnel, knowledge, and skill to operate and maintain the help desk. To bring in a new contractor while GAO considers the issues in the protest would be a waste of Government resources and significantly increase the operational risk of the Federal Exchange. Furthermore, the amount of time and effort necessary to bring a contractor up to QuTech’s operational effectiveness will not meet the Government’s immediate need. It is not cost effective or realistic to expect a contractor other than the incumbent QuTech to perform during the interim period considering the amount of transition effort expected when transferring this work to a new contactor.
