Amendment_2_-_Exhibit_E.1.A_PEO_IDIQ_Questions_Submission.pdf

Amendment 0002 Exhibit E.1.A PEO IDIQ Questions 75CMC18R0014

RESPONSES TO QUESTIONS

REQUEST FOR PROPOSAL QUESTIONS (RFP)

SECTION B

1) (Accounting System Requirement) Section (i.e. RFP, SOW): RFP B.2; L.14, § F.1

Title and Number (including subparagraph designations): B.2 (Task Order Awards); L.14, § F.1 (Accounting System Requirement)

Page Number: Page 6 of 116; Pages 92-93 of 116

Question: The Solicitation is for a Multiple-Award IDIQ Contract under which task orders will be competed among the IDIQ Contract holders. RFP B.2 states that the task orders that will be awarded (pursuant to further task order competition) will be either cost-reimbursement or firm-fixed price contract types. RFP B.4 reiterates that the “order type” will be determined on individual task orders. The first two task orders solicited under the RFP are Firm-Fixed Price type orders. RFP Attachments J.5 and J.6. The RFP further states in Section B.3 that the Government does not have any obligation to issue task orders to a contractor beyond the minimum guaranteed amount for the IDIQ contract, which is $10,000 per contractor over the life of the contract. RFP, B.3.

Although the RFP anticipates the award of firm-fixed price Task Orders (and on a competitive basis), and the first two task orders solicited are both Firm-Fixed Price orders, the RFP requires offerors to have an accounting system “that is deemed acceptable or adequate for determining costs (FAR 16.301-3) and for accumulating and segregating costs under a CR [cost-reimbursable] contract, otherwise the Offeror will not be eligible for awards.” RFP, B.2; RFP L.14, § F.1 (“To be eligible for award of a PEO IDIQ the Offeror shall have an acceptable or adequate accounting system as defined by this section.”).

This requirement unduly restricts competition in that it eliminates from consideration (and future task order competitions) companies who are otherwise fully capable of performing Firm-Fixed Price task orders (the first two of which will be awarded under the Solicitation). The requirement for an adequate accounting system should be imposed at the task order level and only for cost-reimbursement type task orders. Will the Government revise the Solicitation to eliminate the accounting system requirement for purposes of IDIQ Contract eligibility and the J.5 and J.6 Firm-Fixed Price Task Orders and, instead, make such a requirement a condition of award for any cost-type task orders only?

CMS Response: CMS does not believe this requirement restricts competition. At this time, CMS does not know how many task orders will be FFP or CR; therefore this allows maximum flexibility for the agency.

CMS has provided several options for Offerors under L.14 – Volume I Contract Documentation.

SECTION H

2) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): H.1 Business Ethics, Conflict of Interest and Compliance (APR 2017)

Page Number: 29

Question: Since it is the performance of statements of work within the task orders (not the IDIQ itself) that raises potential conflict of interest concerns, to avoid unnecessary restrictions on a subcontractor’s future contracting activities, will CMS allow an offeror’s subcontractors to address conflicts of interest at the task order rather than at the IDIQ level?

CMS Response: The subcontractor will need to address conflicts of interest at the IDIQ level. This will require addressing any conflicts and/or mitigation strategies for the IDIQ Requirements that the subcontractor is being proposed to perform. The subcontractor is required to complete the conflict of interest submission as required by Section H.1 of the solicitation.

3) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1 Business Ethics, Conflict of Interest and Compliance (APR 2017)

Page Number: 29

Question: If a prime contractor limits its subcontractor to only performing functions under a task order contract not involving a conflict, would the subcontractor be restricted in its future contracting activities solely based on its status as a subcontractor under the PEO IDIQ?

CMS Response: No, conflict of interest may be revisited at the time of proposal submission for any future task orders.

4) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): Section H.1.c (Business Ethics, Conflict of Interest and Compliance, Significant Potential Conflict of Interest)

Page Number: 29

Question: Under Subsection c., CMS states, “performing the same or similar functions as the RAC program at any time where it holds a PEO IDIQ contract will also be considered a conflict.”

Please confirm this statement applies to those companies who are performing RAC-like functions for CMS in support of the Medicare Program such as the Medicare RACs, Medicare Secondary Payer RAC and/or Unified Zone Program Integrity Contractors.

CMS Response: CMS believes that the five Medicare Part A/B RACs are conflicts of interest. CMS does not find the Medicare Secondary Payer RAC nor the Unified Program Integrity Contractors to be conflicts.

5) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1.c Significant Potential Conflict of Interest

Page Number: 29

Question: Will offerors and their subcontractors that have actual, potential, or apparent COIs, as defined by section H.1. of the solicitation, have the opportunity to address in attachment J.2.A mitigation plans and/or avoidance strategies for these COIs, and if such mitigation plans and/or avoidance strategies are approved, would such an offeror be eligible for an IDIQ award?

CMS Response: Yes.

6) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1.c.1(a) Nature of Potential Conflict

Page Number: 29

Question: The text of Section H.1.c.1 of the first draft solicitation stated that certain listed "activities are considered to be an actual, potential or apparent COI with the work to be performed under this contract" Sub-section (d) described a contractor that "Is a Medicare and/or Medicaid enrolled provider or supplier providing services to a Medicare beneficiary and/or Medicaid enrollee or any individual or organization associated to a Medicare and/or Medicaid enrolled provider or supplier." The text of Section H.1.c.1(d) in the final solicitation removed all references to Medicaid. Was it the intent of CMS to remove Medicaid services under Section H.1.c.1(a) as well (the released solicitation includes both Medicare or Medicaid services)?

CMS Response: Yes, a Medicaid enrolled provider or supplier is not a conflict.

7) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1.c.1(e) Nature of Potential Conflict

Page Number: 29

Question: Solicitation Section H.1.c.1(e) indicates it is considered to be an actual, potential or apparent COI with the work to be performed under this contract to be “currently operating as a Recovery Audit Contractor (RAC).” Can CMS confirm this language only applies to entities operating as a Medicare RAC?

CMS Response: CMS believes that the five Medicare Part A/B RACs are conflicts of interest.

8) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1.c.2 Proposed Restraint on Future Contractor/Subcontractor Activities

Page Number: 29

Question: The solicitation states that "CMS considers it a conflict to become a RAC at any time." If an offeror or a subcontractor of the offeror submits conflict of interest information in Attachment J.2.A, Contractor Business Ethics, Conflict of Interest and Compliance Program Requirements providing a COI mitigation plan and/or avoidance strategies for those activities CMS defines to be a conflict, and CMS approves such plan, can CMS confirm the offeror or the subcontractor would not be restricted from competing for future contracts or subcontracts for the requirements of this solicitation?

CMS Response: Mitigation plans and/or avoidance strategies will be approved on a case by case basis depending on the task order/requirement.

9) Section: RFP: H.1.d Title and Number (including subparagraph designations): H.1.d Contractor Business Ethics, Conflict of Interest and Compliance Program Requirements

Page Number: Pages 32 through 34 of 116

Question: There is a section for H.1.d.3 Independent Audit and then a section for H.1.d.6 Reporting Requirements. Are there sections for H.1.d.4 and H.1.d.5?

CMS Response: Please see the updated solicitation for changes to the numbering of Section H.1 of the solicitation.

10) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.1.d.1. – COI Oversight Program

Page Number: 30

Question: “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.” Please confirm that successful Offerors are required to implement a COI Oversight Program after PEO contract award.

CMS Response: Yes.

11) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): Section H.1.d.2.b Personal Conflict Information

Page Number: 31

Question: Should Attachment J.2.B be completed for “Manager or key personnel” at this time or at the time of task order proposal submission?

CMS Response: Attachment J.2.B is for the Offeror’s internal use only. Please read the second bullet in the blue italicized language in the attachment.

12) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): H.8 EMPLOYMENT OF CMS PERSONNEL

RESTRICTED

Page Number: Page 42

Question: Can CMS please clarify the 10 year employment restriction for Contractors considering employing former CMS personnel. Federal Ethics allows former employees to work or consult with contractors after a one to two year restriction.

CMS Response: This has been removed. See revised solicitation.

SECTION I

13) Section (i.e. RFP, SOW): 75FCMC18R0014 PEO Solicitation

Title and Number (including subparagraph designations): I.1. FAR 52.252-2 Clauses incorporated by Reference (FEB 1998), 52.227-17

Page Number: 54

Question: Bidder requests this clause be deleted as not applicable. Pursuant to FAR 27.409(i) and 27.405(a), deliverables required hereunder are not considered Special Works.

CMS Response: As this may apply to future task orders, the clause will remain.

14) Section (i.e. RFP, SOW): 75FCMC18R0014 PEO Solicitation

Reference (FEB 1998), 52.239-1

Page Number: 55

Question: We'd like to clarify that the paragraph (b) reference to “government access” is interpreted as “Comptroller General access”.

CMS Response: The clause states “government access” and therefore is not specific to Comptroller General access.

15) Section (i.e. RFP, SOW): 75FCMC18R0014 PEO Solicitation

Reference (FEB 1998), 52.237-3

Page Number: 55

Question: We'd like to clarify that: 1) release of necessary Personnel records will be done only with the consent of involved employees and will include only such information that the bidder would normally release in accordance with Contractor's Personnel practices; 2) "on-site" is interpreted to mean on the customer's site; and 3) employees electing to leave Contractor will receive all earned fringe benefits (i.e. payments for accrued vacation, vested pension rights, insurance conversion privileges, etc.) in accordance with normal Contractor Personnel practices at the time of separation. Benefit entitlements with the succeeding employer will be in accordance with the succeeding employer’s plan provisions.

CMS Response: As mentioned in paragraph (c) of the clause, this is to be negotiated between the two parties mentioned in the clause.

16) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 53 of 116

Question: Section I.1 incorporates by reference FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016). Under the current Federal Acquisition Regulation, FAR 52.204- 10 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

17) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 53 of 116

Question: Section I.1 incorporates by reference FAR 52.204-13 System for Award Management Maintenance (Oct 2016). Under the current Federal Acquisition Regulation, FAR 52.204-13 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

18) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 53 of 116

Question: Section I.1 incorporates by reference FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013). Under the current Federal Acquisition Regulation, FAR 52.209-9 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

19) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 54 of 116

Question: Section I.1 incorporates by reference FAR 52.219-8 Utilization of Small Business Concerns (Nov 2016). Under the current Federal Acquisition Regulation, FAR 52.219-8 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

20) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 54 of 116

Question: Section I.1 incorporates by reference FAR 52.222-41 Service Contract Labor Standards (May 2014). Under the current Federal Acquisition Regulation, FAR 52.222-41 is updated (Aug 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Aug 2018.

21) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 54 of 116

Question: Section I.1 incorporates by reference FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) (May 2014). Under the current Federal Acquisition Regulation, FAR 52.222-43 is updated (Aug 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Aug 2018.

22) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

Page Number: 55 of 116

Question: Section I.1 incorporates by reference FAR 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Jul 2013). Under the current Federal Acquisition Regulation, FAR 52.232- 33 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

23) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 55 of 116

Question: Section I.1 incorporates by reference FAR 52.244-6 Subcontracts for Commercial Items (Jul 2018). Under the current Federal Acquisition Regulation, FAR 52.244-6 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Oct 2018.

24) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 55 of 116

Question: Section I.1 incorporates by reference FAR 52.251-1 Government Supply Sources (Feb 1998).

Under the current Federal Acquisition Regulation, FAR 52.251-1 is updated (Apr 2012). Please clarify.

CMS Response: The solicitation has been updated to reflect Apr 2012.

25) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 55 of 116

Question: Section I.1 incorporates by reference FAR 52.216-7 Allowable Cost and Payment (Jun 2013).

Under the current Federal Acquisition Regulation, FAR 52.216-7 is updated (Aug 2018). Please clarify.

CMS Response: The solicitation has been updated to reflect Aug 2018.

26) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.2 Department of Health and Human Services Acquisition Regulations (HHSAR) Clauses Incorporated by Reference

Page Number: 56 of 116

Question: Section I.2 incorporates by reference HHSAR 352.233-71 Litigation and Claims (Jan 2006). Under the current HHSAR, 352.233-71 is updated (Dec 2015). Please clarify.

CMS Response: The solicitation has been updated to reflect Dec 2015.

27) (Cost Accounting Standards)

Section (i.e. RFP, SOW): RFP I.1, FAR 52.230-2, FAR 52.230-3, FAR 52.230-6; RFP K.5, FAR 52.230-1;

RFP K.6, FAR 52.230-7; RFP L.14, Section H

Title and Number (including subparagraph designations): RFP I.1, FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998); RFP K.5, FAR 52.230-1 Cost Accounting Standards Notices and Certifications (Oct 2015), K.6 FAR 52.230-7 Proposal Disclosure—Cost Accounting Practice Changes (Apr 2005), RFP 3.14, Section H, Cost Accounting Standards and Disclosure Statement

Page Number: Page 55 of 116; Pages 73-76 of 116; Pages 75-76 of 116; Pages 94-95 of 116

Question: The Solicitation is for a Multiple-Award IDIQ Contract under which task orders will be competed among the IDIQ Contract holders. The RFP further states in Section B.3 that the Government does not have any obligation to issue task orders to a contractor beyond the minimum guaranteed amount for the IDIQ contract, which is $10,000 per contractor over the life of the contract. RFP, B.3.

Section 811 of the FY 2018 National Defense Authorization Act (“NDAA”) raised the threshold for submission of certified cost or pricing data from $750,000 to $2,000,000, which applies to all contracts, such as this, awarded after June 30, 2018. Pursuant to 41 U.S.C. §1502, the Cost Accounting Standards (“CAS”) apply to negotiated contracts in excess of the threshold for submission of certified cost or pricing data.

Therefore, effective July 1, 2018, the threshold for CAS applicability also increased to $2,000,000.

Because all of the work under the IDIQ Contract will be performed under competitively-awarded task orders—many of which will be Firm-Fixed Price awarded without submission of certified cost or pricing data and, therefore, exempt from CAS (48 CFR 9903.201-1(b)(15))—and there is no guarantee that an IDIQ Contract holder will receive more than the minimum guaranteed amount of $10,000 under future task orders (well below the $2,000,000 CAS threshold, 48 CFR 9903.201-1(b)(2)), CAS applicability should be determined at the individual task order level. Please confirm that CAS applicability will be determined at the individual task order level and revise the Solicitation to clarify that the above-referenced clauses and requirements shall be applicable only to the extent that CAS applies at the individual task order level.

CMS Response: The increase in the threshold for submission of certified cost or pricing data is not applicable to civilian agencies. CAS coverage is at the task order level. CMS has removed Section K.6, FAR 52.230-7 from the solicitation.

28) Section (i.e. RFP, SOW): RFP, Section I.1, FAR Clauses incorporated by reference

Title and Number (including subparagraph designations): 52.215-12 Subcontractor Certified Cost or Pricing Data Oct 2010

Page Number: 53 of 116

Question: Given the Clause 52.215-20 and 52.215-21 requirements for certified cost or pricing data and data other than certified cost or pricing data, and assuming the IDIQ will have adequate competition, will CMS remove Clause 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010), and replace it with 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Deviation 2018-O0015)?

CMS Response: This deviation is in accordance with the Defense Acquisition Regulations System (DARS) and is applicable to the Department of Defense and not applicable to civilian agencies.

29) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

Page Number: 55 of 116

Question: Section I.1 incorporates by reference FAR 52.230-2 Cost Accounting Standards (Oct 2015). Under the current Federal Acquisition Regulation, FAR 52.230-2 is updated to include (Deviation 2018-O0015) (May 2018). Please clarify.

CMS Response: This deviation is in accordance with the Defense Acquisition Regulations System (DARS) and applicable to the Department of Defense and not applicable to civilian agencies.

30) Section (i.e. RFP, SOW): I – Contract Clauses

Title and Number (including subparagraph designations): I.1 FAR 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

Page Number: 53 of 116

Question: Section I.1 incorporates by reference FAR 52.215-2 Subcontractor Certified Cost or Pricing Data (Oct 2010). Under the current Federal Acquisition Regulation, FAR 52.215-2 is updated to include (Class Deviation 2018-O0015) effective July 1, 2018. Please clarify.

CMS Response: This deviation is in accordance with the Defense Acquisition Regulations System (DARS) and is applicable to the Department of Defense and not applicable to civilian agencies.

SECTION J

31) Section (i.e. RFP, SOW): RFP, Exhibit E-2 Prime

Title and Number (including subparagraph designations): PEO IDIQ PRIME Proposal Information Checklist, 9) - 15)

Page Number: 2 thru 3

Question: For newly formed unpopulated JVs, is providing this info for each member of the JV required/acceptable?

CMS Response: Yes.

32) Section (i.e. RFP, SOW): RFP, Exhibit E-2 Prime

Title and Number (including subparagraph designations): PEO IDIQ PRIME Proposal Information Checklist, 8) Sales

Page Number: 1

Question: This paragraph requests sales info. For newly formed unpopulated JVs, is providing this info for each member of the JV acceptable?

CMS Response: Yes.

33) Section: RFP: Exhibit E.3

Title and Number (including subparagraph designations): Exhibit E.3_ Subcontractor Proposal Information Checklist

Page Number: 3 of 3

Question: Question 9, in Exhibit E3, includes two tables pertaining to the number of FTEs and hours of the subcontractor for the Eastern Region and Question 10 includes tables pertaining to the number of FTEs and hours for the Western Region. The information requested in these tables is not consistent. Both questions ask for Direct and Subcontractor FTEs and Hours, however, Question 10 also asks for the number of Indirect FTEs and Hours. Does CMS want the same information to be provided for both questions? If so, which question format should be utilized?

CMS Response: Exhibit E.3 has been amended to remove indirect information from Question 10.

34) Section (i.e. RFP, SOW): RFP, Exhibit E.3

Title and Number (including subparagraph designations): Subcontractor Proposal Information Checklist

Page Number: All

Question: For newly formed unpopulated JVs, is providing this info for each member of the JV required/acceptable, since each member is in fact a subcontractor to the JV?

CMS Response: A joint venture is set up as a separate legal entity with a separate federal identification number and a separate SAM (System for Award Management) user account; therefore, members of the JV are not considered subcontractors.

35) Section: RFP: Exhibit E.5

Title and Number (including subparagraph designations): Exhibit E.5._Past Performance Information Spreadsheet

Page Number: Offeror Info Tab

Question: Columns U/V indicate National Provider Enrollment Services (PARTs A, B, C, DMEPOS and/or Medicaid) - Eastern and Columns W/X indicate National Provider Enrollment Services (PARTs A, B, C, DMEPOS and/or Medicaid) - Western. Is it the government's intent to split the National Provider Enrollment Services task area into two regions for the proposal response?

CMS Response: Exhibit E.5 has been revised to remove the reference to an Eastern and Western National Provider Enrollment Services (PART's A, B, C, DMEPOS and/or Medicaid) to “National Provider Enrollment Services (PART's A, B, C, DMEPOS and/or Medicaid).”

36) Section: RFP: Exhibit E.5

Title and Number (including subparagraph designations): Exhibit E.5_Past Performance Information Spreadsheet

Page Number: Offeror Info Tab

Question: Columns AA/AB indicate Competitive Bidding Implementation Contractor (CBIC) License Verification Services. Will CMS please clarify that this should be Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) License Verification Services?

CMS Response: Yes, Exhibit E.5 has been revised to state “Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) License Verification Services.”

37) Section (i.e. RFP, SOW): 75FCMC18R0014_PEO_Solicitation Factor 2D Past Performance

Title and Number (including subparagraph designations): Softrams PEO 75FCMC18R0014 Exhibit_E.5__Past_Performance_Information_Spreadsheet

Page Number: spreadsheet, second/third tabs, cell P3.

Question: The instructions state, “For each relevant requirement to the right explain under the relevant requirement how the disclosed contract’s past performance information is relevant to the subject requirement”. Can the Offeror include a longer response in Cells Q3 to AD3 on a Word Document?

CMS Response: Yes, the Offeror can expand the column as much as needed. Margin limitations do not apply.

38) Section (i.e. RFP, SOW): RFP, Past Performance Submission Format

Title and Number (including subparagraph designations): D. Past Performance Information Spreadsheet (Exhibit E.5)

Page Number: 101

Question: Past Performance Submission Format Section D states, "All Offerors and their significant subcontractors…shall submit information on contracts considered most relevant in demonstrating their ability…"

Does the Government want all relevant contracts included in the past performance information spreadsheet or only the 4-6 past performances provide by the Prime and the 2 provided by each significant subcontractor?

CMS Response: The Offeror should adhere to the instructions in the solicitation.

39) Section (i.e. RFP, SOW): RFP, Exhibit E.5 Past Performance Information Spreadsheet

Title and Number (including subparagraph designations): Tab: Sig Sub 1 Past Performance Info

Page Number: N/A

Question: May past performance be requested from a significant customer if that customer is a minority shareholder in the requesting firm and this fact is disclosed?

CMS Response: Yes.

40) Section (i.e. RFP, SOW): RFP, Exhibit E.5, Past Performance Information Sheet

Title and Number (including subparagraph designations): Exhibit E.5, Past Performance Information Sheet, Worksheets for Offeror Information, Prime Past Performance, and Significant Subcontractor

Page Number: N/A

Question: Each worksheet in the Past Performance Information Sheet contain columns for past performance relevance to be mapped to the following:

• National Provider Enrollment Services (PART's A, B, C, DMEPOS and/or Medicaid) - Eastern

• National Provider Enrollment Services (PART's A, B, C, DMEPOS and/or Medicaid) – Western

• Competitive Bidding Implementation Contractor (CBIC) – License Verification Services

• Site Verification Services – Eastern; and

• Site Verification Services – Western.

We assume that these columns’ titles and relevance should be described in relation to the following IDIQ SOW requirements:

• 3.4 National Provider Enrollment Services

• 3.6 Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) License

Verification Services; and

• 3.2 Site Verification Services.

If so, will be Government please provide an updated Exhibit template?

CMS Response: A revised Exhibit E.5 is provided.

***Exhibit E.7 – Sample Task Order SOW Questions and Responses are located under Section L

41) Section (i.e. RFP, SOW): Exhibit E.8

Title and Number (including subparagraph designations): SOW

Page Number: N/A

Question: Where are the SOW codes located in the SOW for the Sample Task Order? A SOW Crosswalk is required on Exhibit E.8 for travel and ODCs.

CMS Response: The SOW crosswalk in Exhibit E.8 is asking for which section of the Sample Task Order SOW, Exhibit E.7, the offeror has proposed travel or ODCs. For example, if the Offeror is proposing travel for the on-site assessment they would crosswalk it to Section 4.2 of the Sample TO SOW.

42) Section (i.e. RFP, SOW): Exhibit E.8

Title and Number (including subparagraph designations): SOW

Page Number: N/A

Question: Is the contractor is expected to develop the QASP standards for each task order audited or just the overall process for conducting them?

CMS Response: -The updated Sample TO SOW now requires the QASP reviews for each of the Site Verification Services (SVS) Task Orders. The overall process for conducting them is located in the QASPs provided with Amendment 0002. The standards are already available in the SVS task order SOW.

43) Section: RFP: Exhibit E.8

Title and Number (including subparagraph designations): Exhibit E.8_Sample Task Order Business Proposal Template

Page Number: "Labor Rate Buildup" tab

Question: Are offerors permitted to adjust the "Labor Rate Buildup" tab in "Exhibit E.8_Sample Task order Business Proposal Template" to comply with their disclosed practices? If not, how can offerors submit their pricing in a compliant manner?

CMS Response: Yes.

44) Section (i.e. RFP, SOW): Exhibit_E.8__Sample_Task_Order_Business_Proposal_Template

Title and Number (including subparagraph designations): “Comp Plan” tab

Page Number: n/a

Question: The instructions provide that “Completing this chart and the Salary Data chart.” The Salary Data chart was not provided. Please provide or otherwise clarify what is meant by “Salary Data Chart”.

CMS Response: The reference to a “Salary Data Chart” has been removed from the tab.

SECTION K

45) Section (i.e. RFP, SOW): K – Representations, Certifications, and Other Statements of Offerors

Title and Number (including subparagraph designations): K.2 FAR 52.204-8 Annual Representations and Certifications

Page Number: 66 of 116

Question: Section K.2 includes FAR 52.204-8 Annual Representations and Certifications (Jan 2018). Under the current Federal Acquisition Regulation, FAR 52.204-8 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been revised to incorporate the Oct 2018 version of FAR 52.204-8.

46) Section (i.e. RFP, SOW): K – Representations, Certifications, and Other Statements of Offerors

Title and Number (including subparagraph designations): K.3 FAR 52.209-7 Information Regarding Responsibility Matters

Page Number: 70 of 116

Question: Section K.3 includes FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013).

Under the current Federal Acquisition Regulation, FAR 52.209-7 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been revised to incorporate the Oct 2018 version of FAR 52.209-7.

SECTION L

47) Section (i.e. RFP, SOW): L – Instructions, Conditions, and Notices to Offerors

Title and Number (including subparagraph designations): L.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference

Page Number: 77 of 116

Question: Section L.1 incorporates FAR 52.204-7 System for Award Management (Oct 2016). Under the current Federal Acquisition Regulation, FAR 52.204-7 is updated (Oct 2018). Please clarify.

CMS Response: The solicitation has been revised to Oct 2018.

SECTION L.13

PROPOSAL INSTRUCTIONS

48) Section: RFP: L.13.A) L.15

Title and Number (including subparagraph designations): L.13 A), L.15, Technical Factor 5

Page Number: Pages 87, 96, and 105 of 116

Question: The tables at L.13 A) and L.15 state "2 page," while the Technical Factor 5 narrative instructions state "five page" for the Small Business Participation Plan summary's page limit. Please clarify the requirement. Will the government please confirm if the page limit is two or five pages for this section?

CMS Response: The solicitation has been revised to allow for a three-page Small Business Participation Plan summary.

49) Section: L.13, Instructions RFP

Title and Number (including subparagraph designations): L. 13 Instructions, Organization and Content of Past Performance Information

Page Number: 87

Question: Will the government allow 2 pages for an executive summary as a separate page count for Volume 2?

CMS Response: No.

50) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): L.13.(B) Proposal Format

Page Number: 88

Question: “…the Offeror shall submit all volumes in an electronic format using Microsoft-compatible, virus-free CD-ROM(s).” As several proposal volumes are page limited and printer drivers can affect the pagination of Word documents, which can cause page count to increase or decrease, would the Gov’t consider accepting Adobe PDF file format to ensure the preservation of document integrity?

CMS Response: No.

51) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): L.13. H) Electronic Media Offers and Submission

Page Number: 90

Question: Text says: “The electronic copies of the proposal shall be submitted in a format readable and usable by Microsoft Office 2013(MS Word, MS Excel, and PowerPoint with formats of .docx, .xlsx, .pptx) or in PDF format viewable with the standard Adobe Acrobat Reader 9. Section (i.e. RFP, SOW):RFP.” Later in the bullet it says; “CMS will not be liable for the inability to read and/or evaluate a proposal that is incompatible with Microsoft Office Suite 2013 CMS.” Is it acceptable to provide all of the proposal volumes, except Excel files, in pdf format? Word files let pagination change in electronic files depending on the printer drivers and selected preferences of the computer on which they are displayed. Pdf files, however, stay the way they are saved, no matter the computer.

CMS Response: No. The solicitation has been updated to clarify that only pages requiring signature shall be submitted via pdf format.

52) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section E: Indirect Cost Rate Agreements and History- If the Contractor has no prior history of government approved indirect cost rates or if the Offeror is proposing indirect rates which significantly deviate from current actuals, then the Offeror SHALL provide support documentation for the prior 3 years consisting of their current year operating budget and a forecast covering the anticipated period of performance.

Page Number: 91

Question: Will the Government accept three years of independently audited financial statements as support documentation for the prior 3 years?

CMS Response: No. Instead the Government will accept information similar to Incurred Cost Proposals (ICPs) submissions for the past 3 years. The information and guidance of preparing ICPs can be found on the publically available DCAA website.

53) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section E: Indirect Cost Rate Agreements and History- If the Contractor has no prior history of government approved indirect cost rates or if the Offeror is proposing indirect rates which significantly deviate from current actuals, then the Offeror SHALL provide support documentation for the prior 3 years consisting of their current year operating budget and a forecast covering the anticipated period of performance.

Page Number: 91

Question: Will the Government revise the requirement to allow offerors to provide a forecasted operating budget inclusive only of this contract for small business offerors who do not have government approved indirect billing rates? As the anticipated period of performance extends 10 years, we believe the forecasting would cause an undue burden on small business offerors.

CMS Response: The language in the solicitation has been revised to remove “…and a forecast covering the anticipated period of performance.”

54) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section F: Accounting, Purchasing and Estimating Systems. (4) A Standard Form (SF) 1408, Preaward Survey of Prospective Contractor - Accounting System, completed and signed by an independent Certified Public Accountant (CPA) Firm, inclusive of CPA work papers, recommending that the contractor’s accounting system is acceptable for award of a prospective contract. The SF 1408 and accompanying CPA work papers must be dated within three years of proposal submission.

Page Number: 92-93

Question: Will the Government accept an Accounting System Letter from an independent Certified Public Accountant (CPA) written within the past three years in place of an SF 1408 form as accounting system evidence?

CMS Response: No.

SECTION L.14

VOLUME I – CONTRACT DOCUMENTATION

55) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section B: Prime Proposal Information Checklist and Subcontractor Proposal Information Checklist

Page Number: 91

Question: Would the government consider requiring the Subcontractor Proposal Information Checklist be completed only by Significant Subcontractors”?

CMS Response: Yes, Section L.14, Section B has been revised to state “significant subcontractor.”

56) Section: RFP: L.14.D

Title and Number (including subparagraph designations): L.14.D. Contract Forms and Representations and Certifications (Prime Only)

Page Number: Page 91 of 116

Question: The government’s instructions state that offerors shall complete Section G if applicable. Will the government confirm that none of the items contained in Section G are applicable for this solicitation? Should any items in Section G be required, will the government specify which items are applicable?

CMS Response: “Section G” has been removed from the instructions.

57) RFP Volume I – Contract Documentation, Section D Contract Forms and Reps and Certs Page Number: 91

Question: Can CMS please confirm if Sections A, G and K should be separate attachments or embedded into the document?

CMS Response: The Offeror does not need to print the entire solicitation for their response. A completed Section A and Section K, submitted under Section D Contract Forms and Reps and Certs, shall be submitted by the Offeror in accordance with Section L.14 of the solicitation.

58) Section (i.e. RFP, SOW): IDIQ RFP – PEO Solicitation, L.14

Title and Number (including subparagraph designations): IDIQ RFP – PEO Solicitation, L.14 Volume I - Contract Documentation Sections A-I, L.15 Volume II - IDIQ Technical Proposal Section D, and L.17 Volume IV Business Ethics, Conflicts of Interest and Compliance Proposal Submission Instructions

Page Number: 91, 95, 108

Question: The solicitation requires various information for subcontractors, such as “Subcontractor Proposal Information Checklist, Exhibit E.3”, “J.2.A Contractor Business Ethics, Conflict of Interest and Compliance Program”, “Past Performance”, etc. Can the government please confirm that offerors only need to include information for those subcontractors proposed for the task orders included in the solicitation, and other subcontractors’ information will be provided at the future task order level?

CMS Response: Volume I is for Prime Offerors to provide with their proposal submission; significant subcontractors should not provide Volume I. Prime Offerors should submit “Exhibit E.3 Subcontractor Proposal Information Checklist” for each of their PEO IDIQ proposed significant subcontractor(s) with their Volume I submission.

59) Section (i.e. RFP, SOW): RFP, L.14

Title and Number (including subparagraph designations): Volume I – Contract Documentation, Section E

Page Number: 91

Question: For newly formed unpopulated JVs, is providing this info for a member of the JV required/acceptable?

CMS Response: Please provide this information for the JV, and if unavailable, all members of the JV shall provide this information.

60) Section (i.e. RFP, SOW): RFP, Volume I Title and Number (including subparagraph designations): Volume I – Contract Documentation, Section F

Page Number: 92 thru 93

Question: For newly formed unpopulated JVs, is providing this info for a member of the JV required/acceptable?

CMS Response: Please provide this information for the JV, and if unavailable, all members of the JV shall provide this information.

61) Section: SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Title and Number (including subparagraph designations): L.14 VOLUME I – CONTRACT

DOCUMENTATION, SECTION F ACCOUNTING, PURCHASING AND ESTIMATING SYSTEMS, F.1

ACCOUNTING SYSTEM REQUIREMENT

Page Number: 92

Question: “To be eligible for award of a PEO IDIQ the Offeror shall have an acceptable or adequate accounting or adequate accounting system as defined by this section.” Does this apply to subcontractors as well? Is it required that the accounting system be DCAA approved or just meet the definition of ‘adequate’ or ‘acceptable’ as outlined within the solicitation confirmed w/submission of proper documentation?

CMS Response: Please see Section B.2 and L.14 Section F of the revised solicitation.

SECTION L.15

VOLUME II - IDIQ TECHNICAL PROPOSAL

62) Section (i.e. RFP, SOW): RFP Section L.15 Title and Number (including subparagraph designations): “Volume II Submissions Format”

Page Number: 96

Question: The table in this section indicates that the page limit for Factor 3 – Sample Task Order is 10 pages.

On page 103 of the RFP, the last bullet indicates that the organizational chart in this section has no page limit. Does this mean that the organizational chart and any pages associated with describing that chart do not count toward the 10-page limit?

CMS Response: The organizational chart has been removed from the sample task order.

63) Section (i.e. RFP, SOW): RFP Section L.15

Title and Number (including subparagraph designations): “Volume II Submissions Format”

Page Number: 96

Question: Factor 3 – Sample Task Order requires the inclusion of an organizational chart. Should we also be including resumes of individuals named on the chart (and if so, will those resumes count toward the 10-page limit)?

CMS Response: The organizational chart has been removed from the sample task order.

64) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): L.15 Volume II Submission Format

Page Number: 96

Question: Given the complexity of the requirements for Factor 3 (Sample Task Order), will the Government expand the page count to 15 pages?

CMS Response: The sample task order page limit has increased to 12 pages, the organizational chart requirement has been removed from the sample task order.

65) Section (i.e. RFP, SOW): RFP Title and Number (including subparagraph designations): L.15 Volume II Submission Format

Page Number: 96

Question: Given the complexity of the requirements for Factor 4 (Program Management), will the Government expand the page count to 10 pages?

CMS Response: No, the Program Management will remain 5 pages; however, the Organization Chart may be submitted as an exception to the 5-page limit with a page limit of 2 pages. Therefore, the Offeror may submit five pages plus a two-page organizational chart (total 7 pages).

66) Section (i.e. RFP, SOW): PEO Solicitation, Section L

Title and Number (including subparagraph designations):

L.15 Volume II – IDIQ Technical Proposal

• Subsection: Volume II Submission Format

• Subsection: Technical Factor 5 – Small Business Participation Plan (Large Business Only)

Page Number: Page 96 of 116 and Page 105 0f 116

Question: Under subsection “Volume II Submission Format,” it states that for “Factor 5 – Small Business Participation Plan,” that the page limit is unlimited with the exception of a summary which shall have a 2 page limit. Then in the second paragraph of subsection “Technical Factor 5 - Small Business Participation Plan,” it stated that the Offeror shall submit a 5 page summary. Please clarify which page limit is correct.

CMS Response: Both areas have been revised to reflect a three-page limit for the Small Business Participation Plan summary.

TECHNICAL FACTOR 1 - DEMONSTRATED CAPABILITY NARRATIVES

67) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section L.14, Factor 1, C (Small Businesses)

Page Number: 97-98

Question: Labor category write-ups in the format provided will take approximately 1.5 to 2 pages each to ensure the level of detail and quality required for comprehensive evaluation. If labor category descriptions are part of the Performance Requirement submission, will the Government please extend the page count to eight pages per requirement to ensure proper accounting of experience, capabilities, and qualifications?

CMS Response: No, the page count will remain the same.

68) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Technical Factor 1 – Demonstrated Capability Narrative. Section B – Large Businesses. …the Offereor shall include the top four labor categories they consider critical to that requirement.

Page Number: 96 of 119

Question: Can we propose more than 4 critical labor categories? Also, we assume a Project Manager will be critical on every proposal, but should we still include this role as 1 of the 4 labor categories?

CMS Response: No. The four labor categories are at the discretion of the Offeror; language has been revised in this section to state that Offerors should not include a Project Manager as one of the top four labor categories.

69) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): Section L.15 VOLUME II - IDIQ TECHNICAL

PROPOSAL; TECHNICAL FACTOR 1 - DEMONSTRATED CAPABILITY NARRATIVES

Page Number: 96

Question: “The Offeror shall include the top four labor categories they consider critical to that requirement…”

Can CMS please confirm that the top four labor categories exclude management team labor categories?

CMS Response: The four labor categories are at the discretion of the Offeror; language has been revised in this section to state that Offerors should not include a Project Manager as one of the top four labor categories.

TECHNICAL FACTOR 2 – PAST PERFORMANCE

70) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): L.15 – TECHNICAL FACTOR 2 – PAST

PERFORMANCE

Page Number: 98

Question: Please confirm that on-going work should also be included in the Past Performance not only completed contracts which have ended in the past 3 years.

CMS Response: Yes, on-going work should be included (must be a minimum of six or more months into performance) – please see revised language in the solicitation.

71) RFP

Volume II – Technical Proposal, Factor 2 Past Performance

Page Number: 96 and 100

Question: Page 96 states: “Offerors shall include a Table of Contents that identifies and clearly labels the various sections for Volume II – MA IDIQ – Technical Proposal”. On page 100 under Past Performance Submission Format, it states: The Table of Contents shall list all documents contained in the Past Performance Section of the IDIQ Technical Proposal. Can CMS please confirm that the Past Performance should be a separate document?

CMS Response: CMS has removed the requirement to submit a Table of Contents under the Past Performance Section of Technical Factor 2.

72) Section (i.e. RFP, SOW): RFP

Title and Number (including subparagraph designations): L.15 Volume II – IDIQ Technical Proposal, Technical Factor 2 – Past Performance

Page Number: 98

Question: Exhibit E.5, Past Performance Information Spreadsheet – Each of the four tabs lists individual PEO task orders/requirements for which offerors are to submit information on contracts considered most relevant in demonstrating their ability to perform the requirements they are proposing on, such as the relevance of existing contracts. However, the list of requirements on the four tabs appears to contain some errors. The PEO SOW requirement 3.3 Provider Enrollment Appeals and Rebuttals is missing. Will CMS revise the spreadsheet tabs to include this requirement? National Provider Enrollment Services (PART's A, B, C, DMEPOS and/or Medicaid) is included twice, once for an Eastern region and a second time for a

Western region. The solicitation and SOW do not identify separate Eastern and Western regions for the National Provider Enrollment Services requirement and no other sections of the response direct offerors to select a region for the National Provider Enrollment Services requirement. Will CMS revise the spreadsheet tabs to only list a single National Provider Enrollment Services requirement? The list of requirements in the spreadsheet includes one for a Competitive Bidding Implementation Contractor (CBIC) – License Verification Services. The final solicitation and the PEO SOW do not include this requirement but instead identify one for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) License Verification Services. Will CMS revise the spreadsheet tabs to conform the name of this requirement to the name used in the SOW and solicitation?

CMS Response: See revised Exhibit E.5.

73) Section (i.e. RFP, SOW): 75FCMC18R0014_PEO_Solicitation Factor 2D Past Performance Title and Number (including subparagraph designations): TECHNICAL FACTOR 2 – PAST

PERFORMANCE

Page Number: 100

Question: The table lists a Table of Contents for just the Past Performance Factor 2 section. Can we just include a single Table of Contents for Volume II, which includes the Past Performance Factor 2 section?

CMS Response: CMS has removed the requirement to submit a Table of Contents under the Past Performance Section of Technical Factor 2.

74) RFP, Volume II – Technical Proposal, Factor 2 Past Performance

Page Number: 100

Question: Past Performance Submission Format lists Prime Past Performance Assessment Forms and Significant Subcontractor Assessment Forms.