How CDC hired Celerant Consulting without competition.
Here are excerpts:
"Now the agency is scrambling to explain the gyrations it used to give $10 million in business without competition to a consulting firm associated and recommended by CDC director Gerberding's free advisor."
“Gerberding and CDC officials have refused repeated requests to release documents involving the firm Celerant Consulting, which worked at the agency from 2003 through 2005. The agency also has refused to release documents relating to whether a conflict of interest existed when James W. Down, Gerberding's volunteer business adviser, recommended Celerant to overhaul CDC's procurement and grants office. He made the recommendation around October 2003, four months after Celerant sent out a press release announcing Down as a new member of the firm's U.S. Advisory Board.” "Celerant and Down contend the press release was mistakenly issued and that he never accepted the firm's position."
“After the FOIA request was made, a CDC employee from the Office of the Director performed a risk analysis of issues facing the agency if and when information about its dealings with Celerant became public.”
“The analysis, obtained by the AJC, said there was ‘No assurance that CDC received the best value solution to its concerns because [of the] inappropriate procurement process used.’ It states that the agency ‘inappropriately backdated a contract document’ and notes a ‘potential conflict of interest between external individual serving as adviser to CDC and Celerant.’"
“Donna Garland, chief of CDC's Office of Enterprise Communications, an arm of the director's office that specializes in risk communications, … sent an e-mail to all CDC employees and contractors Friday evening, in anticipation of this report, saying the analysis was "an internal document that was not using the facts, but conjecture."
“She wrote: ‘CDC's core values of accountability, respect, and integrity count. When we get it wrong we must own it. The fictitious questions that someone could possibly ask when pursuing a story about PGO [the procurement and grants office] were written down, and I own that this was not a good idea. I apologize for this.’"
Read the full AJC article and an AJC timeline of events.
CDC memo about issues related to its Celerant
dealings
Published on:
12/02/06
This three-page risk management analysis memo, obtained by The Atlanta Journal-Constitution, was written by Centers for Disease Control and Prevention employee Martin Landry to assess issues related to the agency's contract dealings with Celerant.
The document was developed after the newspaper filed a federal Freedom of Information Act request with the CDC seeking public disclosures of documents about the deal. The agency has not released any of those documents.
CDC officials on Friday sought to discredit this memo as "an internal document that was not using the facts, but conjecture..."
READ THE MEMO
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Memo to CDC staff from senior agency
official
By ALISON YOUNG
The Atlanta Journal-Constitution
Published on: 12/02/06
The Centers for Disease Control and
Prevention, in anticipation of The
Atlanta Journal-Constitution's article
about irregularities in how $10 million
in consulting business was awarded to a
contractor, sent this email to all staff
Friday evening. The email was written by
Donna Garland, chief of CDC's Office of
Enterprise Communications, a special arm
of the agency director's office that
specializes in risk communications.
——-Original Message——-
From: OD Announcements (CDC)
To: CDC All - CDC & ATSDR and non-CDC &
non-ATSDR
Sent: Fri Dec 01 18:02:21 2006
Subject: Improved Business Services in
the Procurement and Grants Office in the
News
The Centers for Disease Control and
Prevention (CDC) is in the news daily
and overwhelmingly the coverage is about
our excellent public health work or the
accomplishments of members of our
workforce. Occasionally it is a
criticism, legitimate or not, about our
activities and programs. You have
consistently expressed to me and my team
in the Office of Enterprise
Communication (OEC) your desire to have
a "heads up" if I expect the media will
be running an article critical of the
agency. That is not always possible;
however, I told you that when I could, I
would. Today, I am.
I cannot predict the timing or with
absolute certainty if the story will
even occur. But I will tell you what I
know. A reporter for the Atlanta Journal
Constitution is interested in writing
about our efforts to improve business
services in CDC's Procurement and Grants
Office (PGO), which two years ago raised
questions about the contract mechanism
used. In OEC's preparation for
responding to the expected request, an
internal document that was not using the
facts, but conjecture, was created to
consider potential angles of questioning
that the reporter might use. It
represented one person's guess. That
document was shared outside of CDC.
Sadly, it may lead to additional media
speculation and false conclusions.
Following is a brief summary of CDC's
recent improvements in PGO that are the
target of the news questions:
CDC needed an external contractor to
assess and improve PGO's efficiency and
service so we elected to hire an
external contractor with this expertise.
We identified a resource and learned we
could move quickly to obtain their
services through an interagency
agreement with the National Institutes
of Health (NIH) because it had already
had a competitive bid that reached this
business. Allegations were made that
this was not the right way to obtain
this contract, and the Department of
Health and Human Services (HHS) was
asked to review the process. The
recommendation was made by HHS to
renegotiate the contract but to do so at
CDC. This was done, and the contract
ended some time ago. So far, based on
the improvements recommended by the
contractor, PGO has saved approximately
4.9 million dollars, the time to get
contracts and other actions completed
has been shortened, the traditional
attrition rate at PGO has declined, and
hundreds of satisfied customers have
expressed their appreciation.
Here are the facts in greater detail:
* Beginning in 2003, CDC measured some
aspects of performance in PGO and found
that improvement was needed.
* CDC did not have the in-house
expertise to assess how to improve the
complex system of processes that affect
our ability to efficiently and
effectively complete some of PGO's work.
We decided to find an outside contractor
with a proven track record of success in
business process improvements.
* We sought input from a business
management expert who had been working
with CDC for some time. CDC used an
interagency agreement to access an
existing government-wide contract to
secure services of a specific consulting
firm based on this expert input.
Allegations were made that this expert
had a conflict of interest with the
selected contractor that could have
influenced his recommendation. The
contracting company and the business
expert have gone on the record to state
that at no time, then or now has there
been an affiliation between the two.
* The firm was selected for the
following reasons: it had a proven track
record for reengineering complex
operations and had innovative approaches
to this type of work; it involved
customers in the process; it used
quantitative measures of performance;
and it was a recognized leader in the
field.
* In April 2004, an anonymous letter was
sent to HHS making allegations about the
contracting practices used to obtain the
contract for improving business services
for PGO.
* As soon as the contents of the letter
were known to CDC, CDC's Chief Operating
Officer sent the HHS Assistant Secretary
for Administration and Management a
memorandum requesting that his office
review the allegations.
* HHS conducted a thorough review and
was initially concerned about the
appropriateness of the contracting
mechanism via the interagency agreement.
In July 2004, HHS requested contract
work be stopped to allow them time to
review the entire process.
* In September 2004, HHS endorsed the
effort to reinstate the contract but
required CDC take over as the
contracting authority and renegotiate
its terms. As a result, PGO assumed
responsibility for the contract and
renegotiated it for a cost savings of
$500,000. The contract also modified the
period of performance to cover a 3-month
period from February 1, 2004 to May 11,
2004, to recognize the actual period of
performance and to rectify the period of
contractually unauthorized performance.
* The final outcome following the review
was that the work continued with the
original contractor, CDC became directly
responsible for managing the contract,
and through the renegotiation CDC
reduced its costs by $500,000, from $10
million to $9.5 million.
* As a result of the efforts of the
contractor and the many people through
PGO and across CDC who were involved in
the reengineering effort, the following
has occurred in the last two years:
* Combining 2005-2006, PGO has $4.9
million in cost avoidance (savings) as a
result of improved performance.
* For nine types of business
transactions, PGO has reduced by 34% the
cycle time (time it takes from
transaction initiation to award of a
contract or grant).
* At the same time, PGO has increased
the number of grants and contract
actions by 26% with fewer PGO staff
supporting this work.
* Since July 2005, PGO has received more
than 300 unsolicited compliments from
internal and external customers.
* Attrition of non-retiring PGO staff
has consistently declined each year
since the new business practices have
been in place.
CDC's core values of accountability,
respect, and integrity count. When we
get it wrong we must own it. The
fictitious questions that someone could
possibly ask when pursuing a story about
PGO were written down, and I own that
this was not a good idea. I apologize
for this. I wish there was some way I
could prevent the harm I see ahead for
some of my CDC coworkers who are doing a
great job in improving CDC's management
and deserve better.
CDC values and respects its employees
and contractors. Both are absolutely
necessary to our success. PGO's
professionals are integral to CDC's
continuing excellence: after all, CDC
awarded more than 8,700 contract actions
for $3.1 billion last year on behalf of
CDC and these contracts are managed by
both an accountable contracting officer
and a project officer. What is important
to know is that PGO will continue to
improve its processes and report its
performance. CDC has also been preparing
for some time to bring together under
the umbrella of the Management Council a
standing committee to oversee our
contracting strategies and to develop a
framework for assessing their value, and
performance. Though I am afraid that
some people will think this broad effort
is a "knee jerk" to a news article, I
know that this is not the case.
I hope this information helps put
whatever media stories appear into a
balanced context. If you have any
questions or concerns, please do not
hesitate to contact me directly.
Donna Garland
Chief
Office of Enterprise Communication
Timeline
Published on: 12/03/06
Compiled from interviews with CDC chief information officer Jim Seligman and acting procurement and grants director Alan Kotch, a CDC memo sent to employees Friday, and AJC research.
• Late 2002: Atlanta businessman Kent "Oz" Nelson, then chairman of the CDC Foundation, suggests to new CDC director Julie Gerberding that Jim Down become her adviser. Down begins serving, for free.
• June 2003: Celerant Consulting press release announces Down's appointment to its U.S. Advisory Board, quoting Down: "I am pleased to be a part of Celerant during such an exciting growth period..." Down and Celerant have since said the press release was sent out in error.
• Around October 2003: Down recommends Celerant to the CDC's chief operating officer, Bill Gimson, to overhaul the agency's procurement and grants office. CDC officials hire the firm.
• Around December 2003: Rather than take competitive bids, CDC executives use an existing computer technology contract from the National Institutes of Health to pay Celerant about $580,000 to do an initial assessment.
• February 2004: The CDC agrees to pay Celerant
$10 million to re-engineer CDC's procurement and grants office. The initial contract has ended, but the CDC lets Celerant work anyway.
• April 2004: An anonymous letter to the Department of Health and Human Services, the parent agency of the CDC and the NIH, alleges improprieties with the Celerant contracting.
• May 2004: The CDC gets NIH approval to again use its computer contract to pay Celerant.
• July 2004: HHS issues a stop-work order while it investigates.
• September 2004: HHS allows reinstatement of the Celerant contract but requires the CDC to renegotiate it and to take over managing it. The CDC gets Celerant to reduce the contract costs by $500,000. The CDC also sets the contract's effective date back to cover the February-May period when Celerant worked without a contract.
• Sept. 16, 2004: The CDC Foundation, the agency's nonprofit support arm, announces the appointment of Down to its board of directors.
• August 2005: Celerant completes its CDC work and leaves the agency. CDC officials credit Celerant for a vastly improved procurement and grants office that's resulted in $4.9 million in savings.
• Friday: Sen. Charles Grassley (R-Iowa) says he wants information from the CDC about its Celerant contract. He says he will ask the investigative arm of Congress to examine the CDC's contracting procedures.