75FCMC18R0010_PDAC_RFP_Amendment_1.pdf

75FCMC18R0010

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 103

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

02/01/2018 X

MACG - DSMAC

CMS,OAGM,MACG,DSMAC

7500 SECURITY BLVD., MS: B3-30-03

BALTIMORE MD 21244-1850

kristopher.cyrus@cms.hhs.gov amy.duckworth@cms.hhs.gov

1100 ES 03/01/2018

Kristopher Cyrus 410 KRISTOPHER.CYRUS@cms.hhs.

gov786-3767

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AMY DUCKWORTH

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

75FCMC18R0010 PDAC RFP

Amendment 1

pg. 2

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

B.2 CONTRACT TYPE

B.3 CONSIDERATION AND PAYMENT

B.4 SCHEDULE OF SUPPLIES/SERVICES

B.5 TASK DIRECTIVES

B.6 TRANSITION SERVICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE

E.3 INSPECTION OF SERVICES – FIXED-PRICE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

F.2 PERIOD OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENTS – INVOICES (FFP (OCT 2015)

G.2 ACCOUNTING AND APPORPRIATION DATA

G.3 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

G.4 CONTRACTOR WORK PERFORMED OUTSIDE THE US AND ITS

TERRITORIES (APR 2016)

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITES (JUL 2016)

G.6 CONTRACTOR PROJECT MANAGER/PROJECT DIRECTOR

G.7 SUBCONTRACTING REPORTING

G.8 SUBCONTRACTING PROGRAM FOR SMALL AND SMALL DISADVANTAGED

BUSINESSES

G.9 SUBCONTRACT/CONSULTANT CONSENT

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE

H.2 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

H.3 CMS INFORMATION SECURITY (APR 2013)

H.4 HIPPA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.5 CMS SECURITY CLAUSE (APR 2016)

H.6 INDEMNIFICATION

H.7 TRANSITION FROM INCUMBENT TO SUCCESSOR (CLIN 0007)

SECTION I - CONTRACT CLAUSES

pg. 3

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE

I.3 FAR 52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

I.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

I.5 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.6 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

I.7 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

I.8 HHSAR 352.224-71 CONFIDENTIAL INFORMATION (DEC 2015)

I.9 HHSAR 352.239-74 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBLITY (DEC 2015)

SECTION J - LIST OF ATTACHMENTS

J.1 STATEMENT OF WORK (SOW)

J.2 DELIVERABLE SCHEDULE

J.3 PAST PERFORMANCE QUESTIONNAIRE

J.4 NON-DISCLOSURE STATEMENT

J.5 GOVERNMENT FURNISHED MATERIALS

J.6 PROPOSAL ASSUMPTIONS

J.7 QUESTIONS AND ANSWERS TEMPLATE

J.8 KEY PERSONNEL ATTESTATION

J.9 SECURITY ATTESTATION

J.10 HHS SUBCONTRACTING PLAN TEMPLATE

J.11 RESERVED FOR INCORPORATION OF SUBCONTRACTING PLAN

J.12 RESERVED FOR INCORPORATION OF WAGE DETERMINATIONS

J.13 PRODUCT ACCESSIBILITY TEMPLATE (PAT)

J.14 RESERVED FOR PAT

J.15 SERVICE CENTER MATRIX (as needed)

J.16 COST TEMPLATE

J.17 CONTRACTOR PERSONAL CONFLICTS OF INTEREST (COI) FINANCIAL

DISCLOSURE TEMPLATE

J.18 CONTRACTOR BUSINESS ETHICS COI AND COMPLIANCE PROGRAM

REQUIREMENTS

J.19 CONSENT TO SUBCONTRACT

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

K.2 FAR 52.203-2 CERTICFCATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV

2017)

K.4 FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

pg. 4

K.5 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

K.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

K.7 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016)

K.8 FAR 52.216-6 PLACE OF PERFORMANCE (OCT 1997)

K.9 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

K.10 FAR 52.222-22 PREVIOUSE CONTRACTS AND COMPLAINCE REPORTS (FEB

1999)

K.11 FAR 52.222-25 AFFIRMATIVE ACTION COMPLAINCE (APR 1984)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

QUOTERS

L.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

AND SMALL BUSINESS STANDARD

L.4 SERVICE OF PROTEST FAR 52.233-2 (SEP 2006)

L.5 ALTERATIONS IN SOLICITATION FAR 52.252-3 (APR 1984)

L.6 SECTION 508 ACCESSIBILITY OF ELECTRONIC AND INFORMATION

TECHNOLOGY (EIT) COMPLIANCE

L.7 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY HHSAR

352.239-73 (DEC 2015)

L.8 SPECIAL INSTRUCTIONS

L.9 GENERAL INSTRUCTIONS

L.10 PROPOSAL DELIVERY

L.11 PROPOSAL ORGANIZATION

L.12 TECHNICAL PROPOSAL INSTRUCTIONS (Volume I) L.13 BUSINESS PROPOSAL INSTRUCTIONS (VOLUME II) (no page limit)

L.14 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE PROPOSAL

SUBMISSION INSTRUCTIONS (OCT 2015) (VOLUME III)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION OF OPTIONS FAR 52.217-5 (JUL 1990)

M.2 GENERAL PROCEDURES

M.3 EVALUATION FACTORS

M.4 EVALUATION METHODOLOGY

M.5 SELECTION/AWARD PROCESS

M.6 PROSPECTIVE CONTRACTOR DETERMINATION

pg. 5

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

The purpose of this contract is to obtain a Pricing, Data Analysis and Coding (PDAC) Contractor to provide specified services in support of the Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS) benefit within the Medicare Fee for Service (FFS) program. The PDAC contractor shall carry out these activities in a manner consistent with the foundational values that drive CMS’s administration of the Medicare program – including being predictable and transparent in our consideration of innovative medical technology.

The Contractor shall facilitate, coordinate, and support activities among various Medicare contractors with DMEPOS-related responsibilities (e.g., DME Medicare Administrative Contractors (MACs), Zone Program Integrity Contractors (ZPICs), the National Supplier Clearinghouse (NSC), Unified Program Integrity Contractors (UPICs), etc.) as well as other agencies (at the federal and state levels of government) and other stakeholders.

B.2 CONTRACT TYPE

CMS anticipates awarding a Firm-Fixed-Price (FFP) contract.

B.3 CONSIDERATION AND PAYMENT

A. The total firm fixed price for this contract is $_____TBD___________.

B. Monthly Invoices

Monthly invoices shall be submitted in accordance with contract section G.1.

C. Table of Total Estimated Firm Fixed Price

The Contractor shall provide the necessary personnel, materials, services, facilities and supplies (except as may be otherwise specified in the contract) and otherwise do all things necessary for, or incident to, the performance of the work as set forth in Section C.

In consideration of successful contract performance, based on the evaluation criteria set forth in Section C, the Contractor will be paid as stated in B.4, Schedule of Supplies/Services.

B.4 SCHEDULE OF SUPPLIES/SERVICES

The Government shall pay the Contractor for performing this contract the fixed price specified in the schedule below. Payment of the fixed price will be made in accordance with the schedule provided below:

CLIN Period Total Estimated FFP Period of Performance

pg. 6

0001 Implementation (Base Year Transition Period – Months 1-3)

$TBD 09/01/2018-11/30/2018

0002 Base Period – Operations (Months 4-12)

$TBD 12/01/2018-8/31/2019

0003 Option Year 1 $TBD 09/01/2019-08/31/2020

0004 Option Year 2 $TBD 9/01/2020-08/31/2021

0005 Option Year 3 $TBD 09/01/2021-08/30/2022

0006 Option Year 4 Operations (Months 1-12)

$TBD 09/01/2022-08/31/2023

0007 Outgoing Contractor Workload Transition (Months 10-12)

$TBD 06/01/2023-8/31/2023

TOTAL FFP $TBD 09/01/2018-8/31/2023

pg. 7

B.5 TASK DIRECTIVES

The Contracting Officer may use individual Task Directives with specifically defined scopes and schedules to direct the contractor to perform special projects. Task Directives may also be issued to request a special administrative or user support services project. This mechanism will be used on a project-by-project basis and will be incorporated into the contract through the Changes clause (FAR 52.243-1).

Task Directives issued under this contract will be negotiated and awarded on a firm-fixed price basis. The contractor is required to establish separate cost accounts for each Task Directive issued and to segregate those costs in their vouchers.

The table provided below will be completed (through executed of a formal contract modification) as task directives are incorporated into this contract.

Task Directive Number

Task Directive Title Period Of Performance

Funded Amount

B.6 TRANSITION SERVICES

At the beginning and/or end of the contract, in the event that CMS requires transition services from the incumbent Contractor to a successor, the Contractor will participate in transition activities and submit a transition business and technical proposal when requested. Refer to Section H.7 for guidance. These services will be incorporated into the contract, if applicable.

pg. 8

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

This Statement of Work (SOW) is provided under Section J as Attachment J.01 and shall be made a part of the contract. The SOW takes precedence over the Internet Only Manuals and Paper-Based Manuals unless otherwise specified.

pg. 9

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables required pursuant to the terms of the contract must be shipped and marked in accordance with Section F. Deliverables and any other requirements are set forth in Attachment J.02.

pg. 10

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browsefar.

Federal Acquisition Regulation (FAR) Clauses:

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE

All services or supplies to be delivered to the Contracting Officer Representative (COR) will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been provided within such period. The COR's approval or revision to the services or supplies delivered shall be within the general scope of work stated in the contract.

E.3 INSPECTION OF SERVICES – FIXED-PRICE

a. All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the Government.

b. The Government's COR is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items to be delivered under this contract.

c. Inspection and acceptance of the Contractor's performance shall be in accordance with FAR Clause 52.246-4 "Inspection of Services – Fixed-Price."

https://www.acquisition.gov/browsefar

pg. 11

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browsefar.

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 STOP WORK ORDER (AUG 1989)

F.2 PERIOD OF PERFORMANCE

The work and services hereunder shall be completed as follows:

The period of performance for completion of all work included in this contract shall be from the effective date of contract award through 12 months, plus four (4) one (1) year options as follows:

CLIN DESCRIPTION PERIOD OF PERFORMANCE

0001 Implementation Date of award until three months after award*

0002 Option - Base Period Operations Three months after award through 12 months after award*

0003 Option - Year 1 Operations 12 months from exercise of option

0004 Option - Year 2 Operations 12 months from exercise of option

0005 Option - Year 3 Operations 12 months from exercise of option

0006 Option - Year 4 Operations 12 months from exercise of option

0007 Option - Outgoing Contractor Workload Transition

Not to exceed 3 months from end of final contract period of performance**

*CLIN 0001 and CLIN 0002 shall both be completed within 12 months after the date of contract award. CLIN 0001 and CLIN 0002 together comprise the initial 12 month “base period” awarded under this contract.

**This option may be exercised approximately 3 months prior to the expiration of the current year of performance.

Note: The option periods delineated above are subject to the FAR option clauses incorporated in Section I of this contract.

https://www.acquisition.gov/browsefar

pg. 12

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENTS – INVOICES (FFP (OCT 2015)

a. GENERAL: The Contractor shall submit to the Government an invoice for payment in accordance with the instructions below.

b. METHOD OF PAYMENT: CMS shall only make an electronic payment of invoices in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – System for Award Management. In order to receive payments, the contractor shall register in the System for Award Management (SAM) database, in accordance with FAR 52.204-7, System for Award Management.

ADDRESS CHANGES: The contractor shall notify CMS’s Division of Accounting Operations of all banking and address changes in SAM via the following email address:

CCRChanges@cms.hhs.gov.

c. CONTENT OF INVOICE - Invoices shall include, at a minimum:

Contractor’s name and address;

Contractor’s Tax Identification Number (TIN);

Contractor’s DUNS Number;

Invoice date;

Invoice Number to include the designation of the Contract Payment Category Type as follows:

Contract Payment Category Type I, II, III, IV (TBD upon award) mailto:CCRChanges@cms.hhs.gov

pg. 13

INVOICE/VOUCHER REVIEW/APPROVAL PROCESSING TIME FRAMES

Contract Payment Category Types ($ = Total Contract Value) Days = Calendar Days

TYPE I TYPE II TYPE III TYPE IV

Type IA Type IB Type IIIA Type IIIB

TEAM

MEMBER

All Small Businesses

(No $ Limit)

All QIOs (No $ Limit)

All Other Contracts

(No $ Limit)

Simplified Acquisitions

$3K to $150K (Small

Businesses)

Simplified Acquisitions

$3K to $6.5M (Large

Businesses)

All Large Business Prime Contracts with Small Business Subcontractors

OFM/DAO 7 Days 7 Days 14 Days 7 Days 22 Days 12 Days

COR 4 Days 0 Days 8 Days 8 Days 8 Days 8 Days

CS/CO 4 Days 8 Days 8 Days N/A N/A 8 Days

Total Processing

Time

15 Days Not-to-

Exceed 30 Days

15 Days Not-to-

Exceed 30 Days 30 Days

15 Days Not-to-

Exceed 30 Days 30 Days

28 Days Not-to-Exceed

30 Days

Contract and Order Number, as applicable;

Contract line item number and/or Subcontract line item number;

Description, quantity, unit of measure, unit price and extended price of the items actually delivered or services rendered;

Shipping and payment terms;

Terms of any discount for prompt payment offered;

Other substantiating documentation or information as required by the contract;

Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent;

Name, title, phone number of person to notified in the event of a defective invoice; and, Period of performance or delivery date of goods or services provided.

d. MAILINGS: Invoices shall be submitted as follows:

1. ELECTRONIC MAIL: The contractor shall submit an electronic copy of the invoice to both of the following individuals:

Contract Specialist – Kristopher.Cyrus@CMS.HHS.Gov; and COR – Abagail.Huffman@CMS.HHS.Gov.

mailto:Kristopher.Cyrus@cms.hhs.gov mailto:Abagail.Huffman@cms.hhs.gov

pg. 14

2. REGULAR MAIL: An original hard copy shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

3. OVERNIGHT MAIL: If the contractor chooses to use an overnight mail carrier, the original hard copy of the invoice shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

e. PAYMENTS: The Government shall make payment of all invoices in accordance with

FAR 52.232-1 Payments, and FAR 52.212-4 Contract Terms and Conditions – Commercial Items (If applicable)

Upon acceptance by the Contracting Officer’s Representative (COR) in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval, as appropriate.

Reimbursement for invoices submitted under this contract shall be made not later than thirty (30) calendar days after receipt of an acceptable invoice from the Contractor requested at the paying office designated above. Any discrepancies determined as a result of the audit could delay the processing of the invoice and may result in the invoice being returned to the Contractor for corrections.

f. INTEREST ON OVERDUE PAYMENT

The Prompt Payment Act, Public Law 97-177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an invoice by the Division of Accounting Operations.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

G.2 ACCOUNTING AND APPORPRIATION DATA

(TO BE INCORPORATED AT TIME OF AWARD)

pg. 15

G.3 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

a. General:

In accordance with Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS), the Government-wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate. CPARS is a secure Internet website located at https://www.cpars.gov.

b. CPARS Process:

1. CPARS Training: Contractors may obtain CPARS training material and register for on-line training https://www.cpars.gov.

2. Post-Award Contract Registration: CMS is responsible for registering the contract in CPARS within 30 calendar days of contract award. The Contractor shall:

i. Designate at least one (1) point of contact that will be responsible for serving as the Contractor’s Representative (CR). Additional CRs may also be identified; and,

ii. Provide the CMS Contract Specialist with the name(s) and email address(es) of the CPARS point(s) of contact.

Once CMS registers the contract in CPARS, the CR(s) will receive an automated CPARS email message that contains User IDs and instructions for creating a password for future past performance evaluation processing.

3. Interim, Annual and Final Past Performance Evaluation Reports:

a. Issuing the Evaluation: Once the CMS Assessing Official (AO) issues an evaluation to the Contractor in CPARS, the CR(s) will receive an email instructing them to login to CPARS to review the evaluation.

b. Contractor Comments: The CR has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO. The CR has a total of 60 days following the AO’s evaluation signature date to submit comments. If the CR submits comments within the first 14 days following the AO’s signature date and the AO closes the evaluation, the evaluation will become available in Past Performance Information Retrieval System - Report Card (PPIRS-RC) within 1 day.

https://www.cpars.gov/ https://www.cpars.gov/

pg. 16

On day 15 following the AO’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without CR comments and whether or not it has been closed by the AO. If no CR comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC.

If the CR sends comments at any time prior to 61 days following the AO’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the AO’s evaluation signature date, the CR will be “locked out” of the evaluation and may no longer send comments.

G.4 CONTRACTOR WORK PERFORMED OUTSIDE THE US AND ITS

TERRITORIES (APR 2016)

To comply with requirements of Homeland Security Presidential Directive -12 (HSPD-12) and Personal Identity Verification (PIV) of Federal Employees and Contractors, CMS must achieve appropriate security assurance for multiple CMS information systems by efficiently verifying the claimed identity of individuals working on the contract. The Contractor and its subcontractor(s) shall not perform any activities under this contract, including the transmission of data or other information, outside of the United States (U.S.) and its Territories without the prior written approval of the Contracting Officer. If work must be performed outside the U.S., the Contractor shall submit a request to the Contracting Officer, in writing, at least 45 calendar days prior to the work beginning.

The Contracting Officer will consider the following factors in making a decision whether to authorize the performance of work outside the U.S. and its Territories:

1. Statement of Work requirements, which are being requested to be completed outside the U.S. and its Territories;

2. Total projected dollar value of the work to be performed outside the U.S.;

3. The desired country/location where the work will be performed;

4. FAR Part 25, Foreign Acquisitions, and all other laws and regulations applicable to the performance of work outside the United States;

5. Whether the contractor and/or its subcontractor(s) have plans in place to adequately protect and secure CMS data, as well as abide by all applicable laws and regulations when work is performed outside of the U.S. and its Territories.

Plans shall include -

a. Adequate contract terms regarding system security;

b. Adequate contract terms regarding the confidentiality and privacy requirements for information and data protection;

c. Adequate contract terms that are otherwise relevant, including the requirements of the Statement of Work;

d. The Contractor’s corporate compliance plan and internal policies and procedures designed to prevent and detect violations of applicable law, regulations, rules and ethical standards by employees, agents and others;

and,

6. Whether the approval would be in best interests of the United States.

pg. 17

The Contractor’s request for authorization to perform work outside the U.S. shall demonstrate that the performance of the work outside the U.S. satisfies all of the above factors. Contracting Officer Approval to perform work outside the U.S. may require additional Statement of Work requirements, additional contract terms and conditions and/or Federal Acquisition Regulation (FAR) clauses to be incorporated into the contract.

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITES (JUL 2016)

Following are the Government Representatives and their respective roles and responsibilities on this contract:

a. Contracting Officer

As defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and in accordance with FAR 1.602-1, Authority, “Contracting officers have authority to enter into, administer, and/or terminate contracts and make related determinations and findings.” There is no other authorized representative or any other Administrative Contracting Officer assigned to this contract to carry out a Contracting Officer’s duties, except for technical direction assigned to the Contracting Officer’s Representative, if applicable.

The Contracting Officer is:

Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Southern Medicare Administrative Contracts Attn: Amy Duckworth, Mail Stop B2-14-21 7500 Security Boulevard Baltimore, MD 21244-1850

(410) 786-3111 Email: Amy.Duckworth@cms.hhs.gov

b. Contract Specialist

Notwithstanding any of the other provisions of this Contract, the Contract Specialist will assist the Contracting Officer with his/her responsibilities as defined in the FAR.

The Contract Specialist is:

Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Southern Medicare Administrative Contracts Attn: Kristopher Cyrus Mail Stop B2-14-21 7500 Security Boulevard Baltimore, MD 21244-1850 mailto:Amy.Duckworth@cms.hhs.gov

pg. 18

(410) 786-3767 Email: Kristopher.Cyrus@cms.hhs.gov

c. Contracting Officer’s Representative

The Contracting Officer’s Representative (COR), as defined in FAR 2.101, Definitions, is:

Centers for Medicare & Medicaid Services Medicare Fee for Service Branch Dallas Texas Regional Office (Region VI) Attn: Abagail Huffman

1301 Young Street Room 827 Dallas, Texas 75202

(214) 767-6419 Email: abagail.huffman@cms.hhs.gov

The Alternate Contracting Officer’s Representative (COR), is;

Centers for Medicare & Medicaid Services Medicare Fee for Service Branch Dallas Texas Regional Office (Region VI) Attn: Rodney McDonald 1301 Young Street Room 827 Dallas, Texas 75202

(214) 767-9046 Email rodney.mcdonald@cms.hhs.gov

In accordance with FAR 1.602-2(d), Responsibilities, the COR’s delegated responsibilities are identified in the Contracting Officer’s appointment memorandum, a copy of which will be furnished to the contractor.

Technical direction must be within the general scope of the work stated in the contract. The term "technical direction" is defined to include, without limitation, the following:

Directions to the Contractor which direct the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual technical requirements as identified in the Statement of Work or Performance Work Statement; or Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.

The COR does not have the authority to:

1. Make changes to contract terms and conditions;

mailto:Kristopher.Cyrus@cms.hhs.gov%20 mailto:abagail.huffman@cms.hhs.gov mailto:rodney.mcdonald@cms.hhs.gov

pg. 19

2. Direct the contractor to perform work or make deliveries not specifically required under the contract;

3. Waive or relax the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract;

4. Make any commitments or approve any actions that would create any financial obligation on the part of the Government; or

5. Issue direction that constitutes a “change” as defined in:

FAR 52.243-1, Changes – Fixed Price;

FAR 52.243-2, Changes – Cost Reimbursement;

FAR 52.243-3, Changes – Time and Material and Labor Hour;

FAR 52.243-4, Changes; or, FAR 52.243-5, Changes and Changed Conditions.

All technical direction shall be issued in writing by the COR or, if issued verbally, shall be confirmed in writing by the COR within five (5) business days after issuance.

The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR within the scope of his/her authority.

If, in the opinion of the Contractor, any instruction or direction issued by a Government representative constitutes a change to the contract or constitutes a “Change Order” as defined in FAR 2.101, Definitions, the Contractor shall follow the instructions identified in FAR 52.243-7 Notification of Changes.

G.6 CONTRACTOR PROJECT MANAGER/PROJECT DIRECTOR

TBD will serve as the Contractor’s Project Manager/Project Director. It will be his/her responsibility to obtain the staff necessary and to direct the work for the conduct of this project.

The Project Manager/Project Director shall also keep the Government COR and Business Function Leads (BFLs) up to date regarding all technical, cost and schedule-related issues. The Government reserves the right to approve any necessary successor to be designated as Project Manager.

G.7 SUBCONTRACTING REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR) shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30.

The Summary Subcontracting Report (SSR) shall be submitted annually by October 30 for the twelve month period ending September 30. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the contracting officer.

pg. 20

G.8 SUBCONTRACTING PROGRAM FOR SMALL AND SMALL

DISADVANTAGED BUSINESSES

The contractor hereby agrees to implement the conditions of the subcontracting plan submitted and approved by the Contracting Officer for this contract. The Small Business and Small Disadvantaged Business Subcontracting Plan is hereby incorporated and made a part hereof as Attachment J.11 of this contract.

G.9 SUBCONTRACT/CONSULTANT CONSENT

a. For the purposes of this contract, consultants are considered subcontractors.

b. To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCT 2010) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the CO. Refer to Attachment J.19, Consent to Subcontract. The CO shall review the request for subcontract approval and the COR's recommendation and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

c. Based upon the requirements of FAR Clause 52.244-2, prior consent is required for:

1. All cost reimbursement, time and materials, labor hour subcontracts, and

2. Fixed Price subcontracts over $150,000 or 5% of the total estimated cost of the contract.

d. Consent is hereby given to issue the following subcontract(s):

TBD

pg. 21

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE

(APR 2017)

a. General: It is imperative that the Contractor and the services provided under this contract be free, to the greatest extent possible, of all Organizational and Personal Conflicts of Interest. In this clause, all references to Organizational and/or Personal Conflicts of Interests will be referred to individually or collectively, as the text justifies, as Conflicts of Interest (COI). Except as provided below, the Contracting Officer shall not maintain a contract with a Contractor that the Contracting Officer determines has, or has the potential for, an unresolved COI. However, in accordance with FAR 9.503 Waiver, the Contracting Officer may contract with a Contractor that has an unresolved COI if the Contracting Officer determines that it is in the best interest of the Government to do so.

b. Definitions:

Actual COI– means that the COI is currently in existence as determined by the Offeror’s or Contractor’s Compliance Officer and/or as determined by CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to CMS.

Affiliates – As defined in FAR 2.101 means associated business concerns or individual(s) if, directly or indirectly either one controls or can control the other; or a third party controls or can control both.

For purposes of this contract, affiliate control or influence may include, but is not limited to:

(a) Interlocking management or ownership (e.g., individuals serving in similar capacities in several companies);

(b) Identity of interests among family members such as spouse/domestic partner and/or any dependent of the respondent;

(c) Shared facilities and equipment;

(d) Common use of employees; or

(e) A business concern organized just prior to, or immediately following, the release of a solicitation or request for information, which has the same or similar management, ownership, or principal employees as the offeror or Contractor.

Any business, whether or not it is organized for profit or located in the United States or its outlying areas, or person may be found to be an affiliate. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists.

Apparent (Perceived) COI – means that the COI on first observation appears to be an actual or potential COI, but may or may not be after analysis. Even if the apparent COI is determined to be non-existent, this perception may still require further explanation.

pg. 22

Avoidance – means Government action taken in one acquisition that is intended to prevent a COI in that acquisition or in a future action. Methods of avoiding COIs include, but are not limited to:

Drafting the statement of work (SOW) to exclude tasks that require Contractors to utilize subjective judgment; or

Obtaining advice from more than one source on any issue on which there are concerns about an COI so that there is no area in which the Government is relying solely on the advice of any one of the sources; or

Excluding an offeror from participation in a contract award.

Financial Interests/Relationships – means a healthcare related direct or indirect ownership or investment interest (including an option or non-vested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest.

A financial interest/relationship may arise from the following non-exclusive examples:

(a) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(b) Current or known future arrangements or requirements for which you are defined as an interested party, including, but not limited to, an entity that may create one or more of the three forms of COI;

(c) Consulting relationships, including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation;

(d) Services provided in exchange for honorariums including travel expense reimbursements;

(e) Research funding or other forms of research support;

(f) Healthcare related investment in the form of stock or bond ownership, including healthcare sector investment only mutual funds;

(g) Healthcare business ownership or partnership interests;

(h) Patents, copyrights, and other intellectual property interests;

(i) Seeking or negotiating for prospective employment or business; or

(j) Gifts, including travel.

Mitigation– means action taken by the Contractor to reduce the COI risk to a level acceptable to CMS on a present contract.

Neutralization – means excluding or restricting a Contractor from offering, as a prime or subcontractor, on future contracts while allowing the Contractor to perform on the instant contract. This method protects the Government’s interests in cases where the Contractor’s work on the instant contract could be biased or impaired by virtue of its expectation of future work, or when the Contractor would have an unfair advantage in competing for award of the future work.

pg. 23

Organizational Conflict of Interest – In accordance with FAR 2.101 Definitions, means that because of other activities or relationships with other persons, a person is unable, or potentially unable, to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is, or might be, otherwise impaired, or a person has an unfair competitive advantage.

For purposes of this contract, the conflict of interest definition includes direct or indirect relationships including, but not limited to, the Contractor and its parent company, subsidiaries, affiliates, subcontractors, clients and principals.

Personal Conflicts of Interest – A situation in which a person has a financial interest, personal activity, or relationship that could impair the person’s ability to act impartially and in the best interest of the Government when performing under this contract.

(a) Among the sources of personal conflicts of interest are—

(i) Financial interests of the person, spouse/domestic partner and/or any other dependent of the person, as defined for Federal tax purposes;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business) and,

(iii) Gifts, including travel.

(b) For example, financial interests referred to in paragraph (a)(i) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships;

(iii) Services provided in exchange for honoraria or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Healthcare related investments;

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

Potential COI – means that the COI could become an actual COI due to contingency events and/or as determined by CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to CMS.

Principal – As defined in FAR 52.203-13, Contractor Code of Business Ethics and Conduct, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a division or business segment, and similar positions).

Three (3) Types of COIs include:

pg. 24

Conflict Types Definitions

Biased Ground Rules

Consists of situations in which a firm, as part of its performance of a Government contract, has helped (or is in a position to help) set the ground rules for another Government contract by, for example, writing the statement of work or the specifications, or establishing source-selection criteria. In these “biased ground rules” cases, the primary concern is that the firm could skew the competition, whether intentionally or not, in favor of itself and/or its affiliates.

Impaired Objectivity

Consists of situations where a firm has an interest (typically financial) that may conflict with the interest of the Government to whom the firm has a contractual obligation, and the firm’s work under the Government contract could give the firm the opportunity to benefit its other business interests.

If the firm is providing recommendations, judgment or advice, and its other business interests could be affected by that recommendation, judgment or advice, the firm’s objectivity may be impaired. An example is where the firm was evaluating itself, an affiliate or a competitor, either through an assessment of performance under another contract or an evaluation of proposals.

Unequal Access to Information

“Unfair” access to non-public information – Consists of situations in which a firm has access to nonpublic information (including proprietary information and non-public source-selection information) as part of its performance of a Government contract and that information may provide the firm with a competitive advantage in a later competition for a Government contract. In these “unequal access to information” cases, the concern is limited to the risk of the firm gaining an unfair competitive advantage; there is no issue of bias. Note: Incumbency alone does not constitute “unequal access to information.”

c. Significant Potential Conflict of Interest: The Contracting Officer has determined that this contract may involve significant potential COIs.

1. Nature of Potential Conflict: Although not all inclusive, the Contracting Officer has determined that the following activities are considered to be an actual, potential or apparent COI with the work to be performed under this contract. The Contractor

pg. 25 shall promptly notify the Contracting Officer of any relationships with any of the following entities:

For the purpose of identifying entities with actual, potential or apparent COIs, at a minimum, the entity is one that-

a) Would review or does review, under the contract, Medicare and/or Medicaid services furnished by a provider or supplier that is a direct competitor of the Contractor; or

b) Prepared work or is under contract to prepare work that would be reviewed under the contract; or

c) Is affiliated or has a financial relationship, as these terms are explained above, with an entity to be reviewed under the contract.

2. Proposed Restraint on Future Contractor Activities: CMS is proposing to restrain future Contractor activities as follows:

If the offeror is a supplier or manufacturer of Durable Medical Equipment Prosthetics, Orthotics, and Supplies (DMEPOS), they cannot participate in the procurement or become a supplier or manufacturer or an affiliated entity post award.

d. Contractor Business Ethics, Conflict of Interest and Compliance Program Requirements: FAR 3.10 and FAR 52.203-13, Contractor Code of Business Ethics and Conduct, identify “…policies and procedures for establishment of Contractor codes of business ethics and conduct, and display of agency Office of Inspector General (OIG) hotline posters.” (See Section I, FAR 52.203-14 fill-in information for the website where you can find the HHS OIG fraud hotline poster).

The following chart is provided to clarify requirements under this contract:

FAR 52.203-13 Requirements Applicability (X = Applicable)

Contracts < $5 Million

Contracts ≥$5 Million with a Small Business

OR for Commercial

Items (as Defined in

FAR 2.101)

Contracts ≥$5 Million with a

Large Business (No Commercial

Item Contracts)

CMS COI DISCLOSURES X X X

PLAN FOR

MONITORING/REPORTING

COIs (Large Businesses Shall Incorporate COI Monitoring/Reporting as Part of Its Compliance Program) X X X

pg. 26

CODE OF CONDUCT Not Required X X

COMPLIANCE PROGRAM Not Required Not Required X

1. COI Oversight Program: The Contractor shall maintain an effective COI Oversight Program. As part of the program, the contractor shall implement company business practices, procedures, polices and internal controls for compliance with COI requirements, such as:

(a) Preventing conflicts of interest, prohibiting the use of non-public information accessed through this contract for personal gain, and obtaining a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through this contract;

(b) Conducting Internal and External Audits;

(c) Policy Enforcement and Employee Disciplinary Actions;

(d) Retention of Records;

(e) Management of Subcontractors;

(f) Internal control systems;

(g) Display of Fraud Hotline Poster(s) in accordance with FAR 52.203-14

Display of Hotline Poster(s).

(h) Reviewing the information required by Attachment J.17, Contractor Personal

Conflict of Interest Financial Disclosure Template, for each principal, officer and member of the governing body (e.g., Board of Directors, Trustees, etc.) of the organization, as well as managers and key personnel who would be, or are involved with, the performance of this contract. It is recommended that individuals who have not disclosed changes within the reporting period, submit an annual disclosure update to their Compliance Officer for review;

(i) Informing employees, through an employee education and training program, of their obligation to disclose and prevent conflicts of interest, not to use non-public information accessed through performance of this contract for personal gain, and to avoid even the appearance of personal conflicts of interest; and,

(j) Reporting to the Contracting Officer any conflict of interest violations.

The following details are provided for respective COI disclosure expectations:

2. Conflict of Interest:

In accordance with FAR 3.10 and 52.203-13, Contractor Code of Business Ethics and Conduct, and this solicitation/contract, the Contractor shall have procedures in place to monitor and disclose all Organizational and Personal Conflicts of Interest throughout the life of the contract.

COI information shall be submitted as follows:

pg. 27

(a) Initial Submission of COI Information: The Contractor shall submit Conflict of Interest information identified in –

Attachment J.18, Contractor Business Ethics, Conflict of Interest and Compliance Program Requirements (follow the format identified in the Attachment J.18).

(b) Personal Conflict Information: It is the offeror/contractor’s responsibility to have a COI plan in place (see H.1.d.1. COI Oversight Program) to ensure that actual, potential, or apparent personal conflicts of interest are identified, analyzed and mitigated for performance of this contract.

COI information shall be obtained by the Offeror/Contractor for each:

Manager or Key personnel who would be, or are involved with, the performance of this contract;

Governing Body Members (e.g., Board of Directors; Trustees, etc.); and, Principals of the organization as defined by FAR 52.203-13, Contractor

Code of Business Ethics and Conduct.

Attachment J.17, Contractor Personal Conflict of Interest Financial Disclosure Template is provided as a “sample” for the Offeror/Contractor to follow when identifying, analyzing and mitigating actual, potential, or apparent Personal COIs for this contract. Notwithstanding, Personal COI information obtained from the above individuals shall not be submitted to the Government.

(c) Mitigation/Resolution: The Contracting Officer determines whether a COI has been identified and whether the actual, potential or apparent COI has been mitigated/resolved to the Government’s satisfaction. The Contractor's approved COI Mitigation/Resolution plan shall be incorporated into the contract.

In cases whereby a COI cannot be, or has not been, mitigated to the Contracting Officer’s satisfaction, the Contracting Officer may take the following action including, but not limited to:

i. Request a waiver in accordance with FAR 9.503 Waiver, from the Head of the Contracting Activity; or

ii. Make changes to the requirements of the contract; or

iii. Terminate the contract.

(d) Conflict of Interest Disclosure During Contract Performance: COI Disclosure Revisions shall be…