Amendment_5_-_75FCMC18R0014_PEO_Solicitation.pdf

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Provider Enrollment and Oversight Federal contract opportunity
Solicitation number
75FCMC18R0014
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Department of Health and Human Services Centers for Medicare and Medicaid Services

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Amendment 5 - Solicitation

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75FCMC18R0014_-_Amendment_0008_.pdf PDF
75FCMC18R0014_Amendment_0008.pdf PDF
75FCMC18R0014_Amendment_0006.pdf PDF
Amendment_5_-_Attachment_J.6.A.1_Western_Region_Site_Verification_Services_TO_SOW_Attachment_1_QASP.docx DOCX document
Amendment_5_-_Attachment_J.6__Western_Region_Site_Verification_Services_TO_RFP.doc DOC document
Amendment_5_-_Exhibit_E.1.A_PEO_IDIQ_Questions_and_Answers_-_2nd_Round.pdf PDF
Amendment_5_-_Exhibit_E.1.B_SVS_Task_Order_Questions_and_Answers_-_2nd_Round.pdf PDF
Amendment_4_-_Attachment_J.6.A_Western_Region_Site_Verification_Services_TO_SOW.pdf PDF
Amendment_4_-_Attachment_J.6.C_Western_Region_SVS_Business_Proposal_Template.xlsx XLSX spreadsheet
Amendment_4_-_Attachment_J.5__Eastern_Region_Site_Verification_Services_TO_RFP.doc DOC document
Amendment_4_-_Attachment_J.6__Western_Region_Site_Verification_Services_TO_RFP.doc DOC document
Amendment_0003_-_75FCMC18R0014.pdf PDF
Amendment_2_-_Exhibit_E.7__Sample_Task_Order_SOW.docx DOCX document
Amendment_2_-_Exhibit_E.1.A_PEO_IDIQ_Questions_Submission.pdf PDF
Amendment_2_-_Attachment_J.5.A.1__Eastern_Region_Site_Verification_Services_TO_SOW_Attachment_1_QASP.docx DOCX document
Amendment_2_-_Attachment_J.2.A__Contractor_Business_Ethics,_Conflict_of_Interest_and_Compliance_Program_Req.docx DOCX document
Amendment_2_-_Exhibit_E.11__Delivery_of_Proposal_Information.xlsx XLSX spreadsheet
Amendment_2_-_Exhibit_E.5__Past_Performance_Information_Spreadsheet.xlsx XLSX spreadsheet
Amendment_2_-_Attachment_J.6.A.1_Western_Region_Site_Verification_Services_TO_SOW_Attachment_1_QASP.docx DOCX document
Amendment_2_-_Exhibit_E.1.B_SVS_Task_Order_Questions_Submission.pdf PDF
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Amendment_2_-_Attachment_J.6.A_Western_Region_Site_Verification_Services_TO_SOW.pdf PDF
Amendment_2_-_Attachment_J.1_PEO_IDIQ_SOW.pdf PDF
Amendment_2_-_Exhibit_E.3__Subcontractor_Proposal_Information_Checklist.doc DOC document
Amendment_2_-_Attachment_J.6__Western_Region_Site_Verification_Services_TO_RFP.doc DOC document
Amendment_2_-_75FCMC18R0014_PEO_Solicitation.pdf PDF
Amendment_0002_75FCMC18R0014.pdf PDF
Amendment_0001_-_E.1.A_PEO_IDIQ_Questions_with_Responses.docx DOCX document
75FCMC18R0014_Amendment_0001_.pdf PDF
Attachment_J.3__HHS_Subcontract_Plan_Template.docx DOCX document
Exhibit_E.10__Consent_to_Subcontract.doc DOC document
Attachment_J.2.A__Contractor_Business_Ethics,_Conflict_of_Interest_and_Compliance_Program_Req.docx DOCX document
Attachment_J.5__Eastern_Region_Site_Verification_Services_TO_RFP.doc DOC document
Exhibit_E.4__Choice_of_PEO_Requirements.xlsx XLSX spreadsheet
Exhibit_E.2__Prime_Proposal_Information_Checklist.doc DOC document
Attachment_J.4__PEO_IDIQ_Ordering_Guide.pdf PDF
Exhibit_E.1.A__PEO_IDIQ_Questions_Submission.docx DOCX document
Attachment_J.5.C__Eastern_Region_Site_Verification_Services_Business_Proposal_Template.xlsx XLSX spreadsheet
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Exhibit_E.8__Sample_Task_Order_Business_Proposal_Template.xlsx XLSX spreadsheet
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Exhibit_E.9__Responsibility_Questionnaire.docx DOCX document
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Exhibit_E.3__Subcontractor_Proposal_Information_Checklist.doc DOC document
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Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 2 of 116

Amendment 0005

Back to Table of Contents

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.2 TASK ORDER AWARDS

B.3 GUARANTEED MINIMUMS AND ESTIMATED MAXIMUMS

B.4 DETERMINATION OF ORDER TYPE

B.5 SCHEDULE OF SERVICES

B.6 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT TASK ORDERS)

B.7 SCHEDULE OF PAYMENT (FIXED PRICE)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 DELIVERABLES

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 PERFORMANCE IMPROVEMENT PLAN (PIP)

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

G.2 INDIRECT COST RATES (SEP 2014)

G.3 PAYMENTS – INVOICES – FIRM FIXED PRICE CONTRACTS (SEPT 2018)

G.4 PAYMENTS – VOUCHERS - COST REIMBURSEMENT CONTRACTS (SEPT 2018)

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (JUL 2016)

G.6 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

G.7 SUBCONTRACT CONSENT

G.8 SUBCONTRACTING REPORTING (Only for Large Businesses)

G.9 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED BUSINESSES

G.10 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

G.11 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

G.12 DATA TO BE DELIVERED

G.13 PROPERTY ADMINISTRATION

G.14 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

G.15 CONTRACTOR WORK PERFORMED OUTSIDE THE UNITED STATES AND ITS

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 3 of 116

TERRITORIES (APR 2016)

G.16 PUBLICITY

G.17 ACCOUNTING SYSTEM REQUIREMENT (June 2018)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE (APR 2017)

H.2 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.3 OPEN GOVERNMENT PROACTIVE PREDISCLOSURE NOTIFICATION (OCT 2013)

H.4 CONTRACT RENEWAL

H.5 REPORTABLE EVENTS

H.6 DISCLOSURE OF INFORMATION

H.7 SYSTEMS OF RECORDS

H.8 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT)

H.9 CMS SECURITY CLAUSE (APR 2016)

H.10 ON-BOARDING/OFF-BOARDING PROCEDURES

H.11 CMS INFORMATION SECURITY (APR 2013)

H.12 WAGE DETERMINATIONS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS

(HHSAR) CLAUSES INCORPORATED BY REFERENCE

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.4 FAR 52.204-21 BASIC SAFEGUARDING OF COVER INFORMATION SYSTEMS (JUN

2016)

I.5 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARD, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

I.6 FAR 52.216-18 ORDERING (OCT 1995)

I.7 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.8 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.10 FAR 52.219-13 NOTICE TO SET-ASIDE OF ORDERS (NOV 2011)

I.11 FAR 52.219-17 SECTION 8(a) AWARD (JAN 2017)

I.12 FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

PARTICIPANTS (JAN 2017)

I.13 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.14 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL

2014)

I.15 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

I.16 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I.17 HHSAR 352.224-71 CONFIDENTIAL INFORMATION (DEC 2015)

I.18 HHSAR 352.239-74 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBILITY (DEC 2015)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 4 of 116

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENTS

J.1 PEO IDIQ SOW

J.2 Reserved for Incorporation of OCI (by reference)

J.2.A Contractor Business Ethics, Conflict of Interest and Compliance Program

Requirements

J.2.B Contractor Personal Conflict of Interest Financial Disclosure Template

J.3 HHS Subcontracting Plan Template

J.4 PEO IDIQ Ordering Guide

J.5 Eastern Region Site Verification Services TO RFP

J.5.A Eastern Region Site Verification Services TO SOW

J.5.A.1 Eastern Region Site Verification Services TO SOW - Attachment 1 QASP

J.5.B Eastern Region Site Verification Services TO Subcontract Reporting

J.5.C Eastern Region Site Verification Services Business Proposal Template

J.6 Western Region Site Verification Services TO RFP

J.6.A Western Region Site Verification Services TO SOW

J.6.A.1 Western Region Site Verification Services TO SOW - Attachment 1 QASP

J.6.B Western Region Site Verification Services TO Subcontract Reporting

J.6.C Western Region Site Verification Services Business Proposal Template

EXHIBITS

E.1 PEO Questions Submission 75FCMC18R0014

E.1.A PEO IDIQ Questions Submission

E.1.B PEO SVS Task Order Questions Submission

E.2 Prime Proposal Information Checklist

E.3 Subcontractor Proposal Information Checklist

E.4 Choice of PEO Requirements

E.5 Past Performance Information Spreadsheet

E.6 Past Performance Questionnaire

E.7 Sample Task Order SOW

E.8 Sample Task Order Business Proposal Template

E.9 Responsibility Questionnaire

E.10 Consent to Subcontract

E.11 Delivery of Proposal Information

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.4 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS –

CERTIFICATION (JUN 2018)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 5 of 116

K.5 FAR 52.230-1 COST ACCOUNTTING STANDARDS NOTICES AND CERTIFICATIONS

(OCT 2015)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

L.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS

(HHSAR) PROVISIONS INCORPORATED BY REFERENCE

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN

2017)

L.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 GENERAL INSTRUCTIONS AND INFORMATION

L.7 SUBMISSION OF QUESTIONS AND NOTICE OF INTENT

L.8 PROPOSAL DUE DATE AND SUBMISSION OF PROPOSALS

L.9 PROPOSAL CLARITY

L.10 RESTRICTIONS ON DISCLOSURE AND USE OF PROPOSAL

L.11 PREAWARD / POSTAWARD DEBRIEFINGS

L.12 EXCEPTION OR ASSUMPTIONS TO TERMS AND CONDITIONS

L.13 PROPOSAL INSTRUCTIONS

L.14 VOLUME I – CONTRACT DOCUMENTATION

L.15 VOLUME II – IDIQ TECHNICAL PROPOSAL

L.16 VOLUME III – MA IDIQ SAMPLE TASK ORDER BUSINESS PROPOSAL

L.17 VOLUME IV - BUSINESS ETHICS, CONFLICTS OF INTEREST AND COMPLIANCE

PROPOSAL SUBMISSION INSTRUCTIONS

L.18 SITE VERIFICATION SERVICES TASK ORDER PROPOSAL SUBMISSION

L.19 VOLUME V - SITE VERIFICATION SERVICES’ TASK ORDER(S) – TECHNICAL

PROPOSAL

L.20 VOLUME VI - SITE VERIFICATION SERVICES’ TASK ORDER(S) – BUSINESS

PROPOSAL

SECTION M - EVALUATION FACTORS FOR AWARD

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

M.2 ELIGIBILITY FOR AWARD

M.3 COMPETITIVE RANGE DETERMINATION AND DISCUSSIONS

M.4 BASIS FOR CONTRACT AWARD

M.5 VOLUME I – CONTRACT DOCUMENTATION

M.6 VOLUME II – MA IDIQ TECHNICAL EVALUATION FACTORS

M.7 VOLUME III – IDIQ SAMPLE TASK ORDER BUSINESS PROPOSAL

M.8 VOLUME IV – CONFLICT OF INTEREST EVALUATION FACTORS FOR AWARD

M.9 VOLUME V – SITE VERIFICATION SERVICES’ TASK ORDER(S) – TECHNICAL

PROPOSAL EVALUATION

M.10 VOLUME VI - SITE VERIFICATION SERVICES’ TASK ORDER(S) – BUSINESS

PROPOSAL EVALUATION

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 6 of 116

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

This is a Multiple Award Indefinite-Delivery Indefinite-Quantity (MA IDIQ) contract which will be awarded in support of the Centers for Medicare and Medicaid Services’ (CMS) provider enrollment and oversight efforts. The Provider Enrollment and Oversight (PEO) contractors shall provide and furnish the necessary and qualified personnel, facilities, equipment, materials, and supplies not otherwise provided by the

Government, as needed to perform the requirements set forth in the PEO IDIQ Statement of Work (SOW), Section J, Attachment J.1.

B.2 TASK ORDER AWARDS

This is a MA IDIQ Contract in which task orders will be competed among the IDIQ holders. Ordering procedures are provided at Attachment J.4, PEO IDIQ Ordering Guide.

The predominance of task orders anticipated to be awarded under this MA IDIQ will be a mixture of Cost

Reimbursement (CR) and Firm-Fixed Price (FFP). Offerors shall 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 contract, otherwise the Offeror will not be eligible for awards.

Subcontractors who are anticipated to have CR contracting arrangements, including non-commercial Time and Materials type contracts, shall also have an acceptable or adequate accounting system.

B.3 GUARANTEED MINIMUMS AND ESTIMATED MAXIMUMS

During the contract period of performance, inclusive of any contract renewal periods, the Government shall place orders based on the following:

(a) Maximum. The maximum contract ceiling value of all contracts in this multiple award procurement is established at $2 Billion dollars over the life of the contract. Additionally, the

Government has the right to increase the contract ceiling in the event that the ceiling is reached prior to the end of the period of performance.

(b) Minimum. The minimum guaranteed award amount for this IDIQ contract is $10,000 dollars per contractor over the life of the contract. The exercise of the option period does not re-establish the contract minimum.

(c) The Government has no obligation to issue Task Orders (TO) to the Contractor beyond the amount specified in paragraph (b) of this clause.

(d) If no Task Order has been awarded in the base period of the IDIQ contract period of performance, the contractor may invoice for the minimum ordering guarantee of $10,000.

B.4 DETERMINATION OF ORDER TYPE

To be determined on individual task orders.

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 7 of 116

B.5 SCHEDULE OF SERVICES

CLIN DESCRIPTION TOTAL FUNDED AMOUNT

0001 IDIQ Minimum Guarantee $10,000 Funded at award

B.6 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT TASK ORDERS)

The fixed fee will be negotiated on a Task Order by Task Order basis as appropriate.

The fixed fee set forth in each individual CPFF task order under this contract may take one of two forms, completion or term, in accordance with FAR 16.306(d):

(1) The completion form describes the scope of work by stating a definite goal or target and specifying an end product. This form of contract normally requires the contractor to complete and deliver the specified end product (e.g., a final report of research accomplishing the goal or target) within the estimated cost, if possible, as a condition for payment of the entire fixed fee. However, in the event the work cannot be completed within the estimated cost, the Government may require more effort without increase in fee, provided the Government increases the estimated cost.

(2) The term form describes the scope of work in general terms and obligates the contractor to devote a specified level of effort for a stated time period. Under this form, if the performance is considered satisfactory by the Government, the fixed fee is payable at the expiration of the agreed-upon period, upon contractor statement that the level of effort specified in the contract has been expended in performing the contract work.

NOTE: The payment of fixed fee is subject to the withholding provisions of FAR 52.216-8, Fixed

Fee. Any balance of fixed fee shall be paid to the contractor at the time specified in FAR 52.216-8.

B.7 SCHEDULE OF PAYMENT (FIXED PRICE)

The Government shall pay the Contractor for the fixed price of each Task Order based on the specified schedule identified in each Task Order.

(END OF SECTION B)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 8 of 116

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work (SOW) as identified in Section J, Attachment J.1, entitled “PEO

IDIQ SOW.”

(END OF SECTION C)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 9 of 116

SECTION D – PACKAGING AND MARKING

D.1 DELIVERABLES

All deliverables required under this contract shall be packaged, marked and shipped in accordance with the IDIQ SOW. Additional deliverable requirements will be set forth in individual Task Orders.

(END OF SECTION D)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 10 of 116

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: http://www.acquisition.gov/far/

The following clauses apply to firm fixed price task orders:

Clause No. Title Date

52.246-4 Inspection of Services - Fixed Price Aug 1996

The following clauses apply to cost reimbursement task orders:

52.246-5 Inspection of Services - Cost-Reimbursement Apr 1984

E.2 PERFORMANCE IMPROVEMENT PLAN (PIP)

A PIP is a description of the work to be performed by the Contractor to improve its performance and eliminate noted deficiencies. In the event a Contractor fails to meet its contract requirements for acceptability, a PIP may be required. The PIP is developed by the Contractor at the direction of the

Contracting Officer (CO) and/or Contracting Officer Representative (COR) and must be approved by the

COR and CO prior to implementation. Each PIP will contain a specified timeframe in which the contractor must correct the noted deficiency.

(END OF SECTION E)

http://www.acquisition.gov/far/

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 11 of 116

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: http://www.acquisition.gov/far/

The following clauses apply to all task orders:

52.242-15 Stop-Work Order AUG 1989

The following clauses apply to cost reimbursement task orders:

52.242-15 Stop-Work Order – Alternate I (Apr 1984) AUG 1989

The following clauses apply to firm fixed price task orders:

52.242-17 Government Delay of Work APR 1984

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The Base Ordering Period is five years from the effective date of the IDIQ contract award. The

Government may unilaterally exercise an Optional Ordering Period for an additional five years, for a total period of performance of 10 years.

The base period of performance of this contract is TBD through TBD (Estimated 5 year period).

This contract includes the following Option Periods:

Option Period 1 TBD through TBD (Estimated 5 year period)

F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

The Contractor shall furnish the items required under this contract in accordance with the reporting instructions and delivery schedule set forth in Section J, Attachment J.1, entitled “PEO IDIQ SOW” and individual Task Orders.

(END OF SECTION F)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 12 of 116

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

AWARD/MOD CLIN(s) REQUISITION CAN NUMBER APP NO. TOTAL

TBD TBD TBD TBD TBD TBD

G.2 INDIRECT COST RATES (SEP 2014) (applicable to Cost Reimbursement Task Orders)

a. INDIRECT COST BILLING, CEILING and FINAL RATES (To be completed at time of award):

1. Billing Rates:

i. Federal Acquisition Regulation (FAR) 52.216-7(e) Billing rates, states, “Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.

These billing rates—

(1) Shall be the anticipated final rates; and,

(2) May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment.”

Therefore, the Government shall reimburse the Contractor at the established Billing

Rates, as established by the Cognizant Federal Agency (CFA) or cognizant auditor.

Any change(s) to the Billing Rate(s) established, shall be approved by the CFA or cognizant auditor. In the event the Billing Rate(s) exceed any Ceiling Rate(s) established in G.4.a.2. below, the Government shall reimburse the Contractor at the

Ceiling Rate(s).

ii. Interim Billing Rates: In the event that the Contractor does not have Contracting

Officer or authorized representative (cognizant auditor) established Billing Rates, the following Interim Billing Rates apply to this contract:

INTERIM BILLING RATES:

Indirect

Cost Pool Billing Rate Rate Base

Contractor

Fiscal Year

Fringe

(Ceiling

NA)

TBD (a)

Overhead TBD (b)

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 13 of 116

G&A TBD (c)

Other TBD (d)

Rates are applied to the following rate base(s):

a. Fringe rate is applied to …

b. Overhead rate is applied to…

c. G&A rate is applied to…

The above rates shall be used for reimbursement on contractor billings, pending review of a well-supported Billing Rate proposal, which is required to be submitted to the mailbox identified below, by the Contractor within six (6) months of contract award. The proposal shall be based upon at least four (4) months of actual costs and estimated costs for the current fiscal year and out-years of this contract. If you have prior year actuals, submit at least two (2) years, if available.

For information about the proposal submission, refer to “Information for

Contractors” at http://www.DCAA.Mil/Audit_Process_Overview.html.

CMS, or another CFA official or cognizant auditor, shall review the proposed rates in accordance with FAR 52.216-7(e) and FAR 42.704 Billing rates, to establish

Billing rates for the current fiscal year and to provide current recommendations on the out-year rates. After receiving the established CFA or cognizant auditor Billing

Rate Agreement, the Interim Billing Rates no longer apply.

Submit Billing Rate Proposals to:

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

2. Indirect Cost Ceiling Rate(s):

a) Indirect Cost Ceiling Rate(s) established (as applicable) for this contract are in accordance with FAR 42.707, Cost Sharing Rates and Limitations on Indirect Cost

Rates, and are as indicated below in the chart.

INDIRECT COST “CEILING” RATES

Indirect

Cost Pool

Indirect Cost

Ceiling Rate

Contractor’s

Fiscal Year

Rate / Allocation

Base

Overhead (a)

G&A (b)

Other (c)

Overhead (a)

Other (c) http://www.dcaa.mil/Audit_Process_Overview.html mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 14 of 116

Rates are applied to the following rate/allocation base(s):

Rate/Allocation Base a. Overhead rate is applied to …TBD

Rate/Allocation Base b. G&A rate is applied to…TBD

b) When a ceiling rate(s) is/are established -

(1) The Government will not be obligated to pay any additional amount, should the final indirect cost rate(s) exceed the negotiated ceiling rate(s).

(2) In the event a final indirect cost rate is less than the negotiated ceiling rate, costs will be reimbursed at the final indirect cost rate.

3. Final Indirect Cost Rates: Pursuant to the provisions of FAR 52.216-7, Allowable Cost and

Payment, the allowable Indirect Costs under this contract shall be obtained by applying the CFA approved Final Indirect Cost Rate(s) or the Ceiling Rate(s) (whichever are lower) to the appropriate cost base.

b. INDIRECT COST RATE (ICR) PROPOSAL: Pursuant to FAR 52.216-7, Allowable Cost and

Payment, paragraph (d)(2), Final indirect cost rates, the Contractor shall submit an adequate final annual Indirect Cost Rate proposal within the 6-month period following the expiration of each of its fiscal years.

FAR 42.003(a) provides that the CFA, “…normally will be the agency with the largest dollar amount of negotiated contracts, including options.” FAR 42.703-1 further provides that a single agency shall be responsible for establishing final indirect cost rates for each business unit. This single agency is the CFA and may be DHHS, a delegated component of DHHS or another Federal Agency.

The Contractor shall submit its certified annual Indirect Cost Rate proposal to the following (both

CMS and the CFA) as identified below:

CMS:

Electronic proposals shall be submitted in MS Word and Excel formats, with .pdf signed

Certification, to (Do not .pdf the entire proposal):

Centers for Medicare & Medicaid Services

Office of Acquisition & Grants Management

Acquisition Business & Services Group

Division of Financial Services at -

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

AND

COGNIZANT FEDERAL AGENCY:

mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 15 of 116

TBD

Any questions about CFA responsibilities may be submitted to the OAGM, ABSG, Division of

Financial Services at:

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov.

G.3 PAYMENTS – INVOICES - FIRM FIXED PRICE CONTRACTS (SEP 2018)

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

b. BANKING CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes made in SAM via the following email address:

CCRChanges@cms.hhs.gov.

c. CONTENT OF INVOICE: FAR 32.905 Payment Documentation and Process, provides the required content for a proper invoice. In addition to the requirements of FAR 32.905, the following items shall also be included on the invoice to be considered proper:

Line item number (i.e. CLIN/SLIN as applicable)

Contractor’s DUNS Number

Period of performance or delivery date of goods or services provided.

d. INVOICE SUBMISSION: Invoices shall be submitted via email in electronic format as follows:

To…: InvoiceSubmission@cms.hhs.gov

Cc…: Please “Cc…” your respective Contract Specialist (CS) and Contracting Officer’s

Representative (COR) (See Section G.5)

Subject Line: The email subject line shall contain the following information: Contract

Number, Task/Delivery Order Number (if applicable), Invoice Number, and Notification of

Final Invoice (if applicable).

PLEASE DO NOT INCLUDE ANY ADDITIONAL INFORMATION IN THE SUBJECT

LINE, as doing so may delay internal processing of your invoice for payment.

Attachments: Invoice attachments shall be submitted in .pdf format. Only one invoice shall be attached per email. The first page of the attachment shall be the invoice, followed by any supporting documents as applicable.

e. PAYMENTS: The Government shall make payment of all proper invoices in accordance with the following clauses:

FAR 52.232-33, Payments by Electronic Funds Transfer – System for Award Management

FAR 52.232-1, Payments, and

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

Payment shall be made upon acceptance by the Contracting Officer’s Representative (COR), in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s mailto:AcquisitionDFSIncurredCostSubmission@cms.hhs.gov mailto:CCRChanges@cms.hhs.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 mailto:InvoiceSubmission@cms.hhs.gov

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 16 of 116 approval, as appropriate.

Reimbursement for invoices submitted under this contract shall be made not later than 30 calendar days after receipt of a proper invoice from the Contractor requested at the paying office designated above. CMS will make every effort to accelerate payments to small businesses and prime contractors with small business subcontractors.

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 a proper 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 5 CFR Part 1315.

G.4 PAYMENTS – VOUCHERS - COST REIMBURSEMENT CONTRACTS (SEP 2018)

a. GENERAL: The Contractor may submit to the Government a voucher or Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal, for payment in accordance with the instructions below.

b. BANKING CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes made in SAM via the following email address:

CCRChanges@cms.hhs.gov.

c. CONTENT OF VOUCHER: FAR 32.905 Payment Documentation and Process, provides the required content for a proper voucher. In addition to the requirements of FAR 32.905, the following items shall also be included on the voucher to be considered proper:

Line item number (i.e. CLIN/SLIN as applicable)

Contractor’s DUNS Number

Period of performance or delivery date of goods or services provided.

d. VOUCHER SUBMISSION: Vouchers shall be submitted via email in electronic format as follows:

To…: InvoiceSubmission@cms.hhs.gov

Cc…: Please “Cc…” your respective Contract Specialist (CS) and Contracting Officer’s

Representative (COR) (See Section G.5)

Subject Line: The email subject line shall contain the following information: Contract

Number, Task/Delivery Order Number (if applicable), Voucher Number, and Notification of

Final Voucher (if applicable).

PLEASE DO NOT INCLUDE ANY ADDITIONAL INFORMATION IN THE SUBJECT

LINE, as doing so may delay internal processing of your voucher for payment.

Attachments: Voucher attachments shall be submitted in .pdf format. Only one voucher shall be attached per email. The first page of the attachment shall be the voucher, followed by any supporting documents as applicable.

mailto:CCRChanges@cms.hhs.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 mailto:InvoiceSubmission@cms.hhs.gov

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 17 of 116

e. PAYMENTS: The Government shall make interim payments on all vouchers (subject to later audit) in accordance with the following clauses, as applicable:

FAR 52.232-33, Payments by Electronic Funds Transfer – System for Award Management

FAR 52.216-7, Allowable Cost and Payment, and

FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Payment shall be made upon acceptance by the Contracting Officer’s Representative (COR) of the required supplies/services in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval.

Reimbursement for vouchers submitted under this contract shall be made not later than 30 calendar days after receipt of an acceptable voucher from the Contractor requested at the paying office designated above. CMS will make every effort to accelerate payments to small businesses and prime contractors with small business subcontractors.

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 a proper voucher by the Division of Accounting Operations.

Determinations of interest due will be made in accordance with the provisions of the Prompt

Payment Act and 5 CFR Part 1315.

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (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:

Acquisition Support Group

Division of Program Integrity and Financial Management Contracts

ATTN: TBD

7500 Security Blvd.

Mail-stop: <insert the CO’s mailstop>

Baltimore, MD 21244-1850

Phone: 410-786-XXXX <Insert phone number>

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 18 of 116

Email Address: <Insert email address>

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:

Acquisition Support Group

Division of Program Integrity and Financial Management Contracts

ATTN: TBD

7500 Security Blvd.

Mail-stop: <Insert the CS’s mailstop>

Email Address:<Insert email address>

c. Contracting Officer’s Representative

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

Provider Enrollment and Oversight Group

Division of <Insert Division>

ATTN: TBD

7500 Security Blvd.

Mail-stop: <Insert the COR’s mailstop>

Email Address: <Insert email address>

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:

1. 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

2. Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 19 of 116

The COR does not have the authority to:

1. Make changes to contract terms and conditions;

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 52.243-4, 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 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The

Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

The following individuals are considered “key” under this contract:

Name Labor Category Phone E-Mail Address

* Key Personnel will be denoted at the task order level.

G.7 SUBCONTRACT CONSENT

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

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 20 of 116

b. To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by FAR 52.244-2, Subcontracts, and FAR 52.244-5, Competition in

Subcontracting, to the CO. 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. If the contractor has an approved purchasing system, the contractor shall notify the COR and CO when establishing a new subcontract arrangement with the following information:

Contract and task order number in which the subcontractor will be working under

Name of subcontractor

Description of Services

Type of subcontract arrangement

Estimated subcontract value for each task order performance period

The CO will give written approval or may require the contractor to submit the Consent to

Subcontract information as required by f. below to receive approval.

d. If the contractor does not have an approved purchasing system, the contractor is required to submit a completed Consent to Subcontract form for the following:

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

Proof of an acceptable or adequate accounting system shall be provided as part of the contractor’s request for consent.

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

3. Any persons possessing special knowledge or skill(s) that may be combined with extensive operational experience, thereby enabling them to provide information, opinions, advice, or recommendations to enhance understanding of complex issues or to improve the quality and timeliness of policy development or decision making and whose fully loaded hourly rate exceeds

$150/hr., $200/hr. for Medical doctors / Physicians.

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

Each Task Order will require separate subcontractor consent. Approved subcontractors at the Task

Order level will be listed in each individual Task Order.

f. The Contractor shall follow the appropriate procedures established in the Federal Acquisition

Regulation (FAR) when requesting Contracting Officer consent to subcontract for Consultants and/or other subcontracts (see FAR 52.244-2, 52-244-5, and 52.244-6).

G.8 SUBCONTRACTING REPORTING (Only for Large Businesses)

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran owned small businesses, 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), formerly SF294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary

Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

http://www.esrs.gov/

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 21 of 116

Reporting Period Report Due Due Date

Oct 1 – Mar 31 ISR Apr 30

Apr 1 – Sept 30 ISR Oct 30

Oct 1 – Sept 30 SSR Oct 30

Contract Completion OF 312 (If required) 30 days after completion

The report(s) shall be delivered not more than thirty (30) calendar days following the close of each period covered.

Additional reporting may be required at the task order level, see individual task order for details.

G.9 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED BUSINESSES

In accordance with FAR 19.704, Subcontracting Plan Requirements, the subcontracting plan submitted for work under this contract with small, small disadvantaged, woman-owned, HUBZone, veteran owned small businesses, and service-disabled veteran-owned small business concerns, shall be approved by the

Contracting Officer and incorporated as part of this contract. Contractors should strive to achieve the following Department of Health and Human Services minimum small business utilization goals when developing its small business subcontracting plan:

Small Business (Overall) 33%

Small Disadvantaged Business 5%

Women-Owned Small Business 5%

HUBZone 3%

Veteran-Owned Small Businesses 3%

Service Disabled Veteran Owned Small Business 3%

G.10 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

Any data given to the contractor by the Government shall be used only for the performance of the contract unless the Contracting Officer specifically permits another use, in writing. Should the Contracting Officer permit the contractor the use of Government-supplied data for a purpose other than solely for performance of this contract and if such use could result in a commercially viable product, the Contracting Officer and the contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form of a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

Upon the request of the Contracting Officer or the expiration date of this contract, whichever shall come first, the contractor shall, upon instructions from the Contracting Officer, return or destroy all data given to the contractor by the Government. However, the Contracting Officer may direct that the data be retained by the contractor for a specific period of time, which period shall be subject to agreement by the contractor.

Whether the data are returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the contractor may refuse to retain the data. The contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the contractor shall directly furnish evidence of such destruction in a form the

Contracting Officer shall determine is adequate. In absence of direction from the CO, the Contractor shall assume data will need to be returned to the Government.

G.11 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 22 of 116

a. Data and information either provided to the Contractor, or to any subcontractor or generated by activities under this contract or derived from research or studies supported by this contract, shall be used only for the purposes of the contract. It shall not be duplicated, used or disclosed for any purpose other than the fulfillment of the requirements set forth in this contract. This restriction does not limit the contractor's right to use data or information obtained from a non-restrictive source. Any questions concerning "privileged information" shall be referred to the Contracting Officer.

b. Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings which could create erroneous conclusions are not disclosed.

Also, some data or information, which relate to policy matters under consideration by the

Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate, within the government, of possible policy options is not damaged.

c. Any questions about use or release of the data or information or handling of material under this contract shall be referred to the Contracting Officer who must render a written determination. The

Contracting Officer's determinations will reflect the results of internal coordination with appropriate program and legal officials.

d. Written advance notice of at least forty-five (45) days shall be provided to the Contracting Officer of the Contractor's desire to release findings of studies or research or data or information described above. If the Contractor disagrees with the Contracting Officer's determination, and if this disagreement cannot be settled by the Contractor and the Contracting Officer in a mutually satisfactory manner, then the issue will be settled pursuant to the "Disputes" clause.

e. Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the COR before dissemination, publication, or distribution.

Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. This does not apply to information that made available under the Federal Freedom of Information Act.

f. The COR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending material is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated.

g. If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the COR shall immediately inform the

Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation.

h. The Contractor agrees to acknowledge support by CMS whenever reports of project funding levels, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgement substantially, as follows:

"The analyses upon which this publication is based were performed under Contract Number [ ], entitled, "[ ]," sponsored by the Centers for Medicare and Medicaid Services, Department of Health and Human Services."

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 23 of 116

Any deviation from the above legend shall be approved, in writing, by the Contracting Officer.

G.12 DATA TO BE DELIVERED

a. Any working papers, interim reports, data given by the Government or first produced by the

Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the

Contracting Officer.

b. In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered “PROPRIETARY DATA” and are not subject data to be delivered under this contract.

G.13 PROPERTY ADMINISTRATION

a. General:

The CMS Contract Property Administrator, Property and Distribution Management Section, Division of General Services, 7500 Security Blvd., Baltimore, Md. 21244, is hereby designated the property administration function for this contract. The Contractor agrees to furnish information regarding

Government Property to the Property Administrator in the manner and to the extent required by the

Property Administrator, his duly designated successors, and in accordance with FAR Part 45 and

DHHS Manual entitled, Contractor's Guide for Control of Government Property, (2007).

If equipment is procured in order to provide services, CMS will retain title to the equipment. CMS must be notified as part of the itemized billing arrangement if there is an equipment acquisition, included in the cost of the contract.

All original tapes, video, CD ROM(s), manual, brochures, pamphlets shall remain the property of the

CMS. The contractor shall provide to CMS all final, complete and editable web-based training course files.

b. Notice of Non-Allowability of Costs for General Purpose Office Equipment:

General Purpose Office Equipment (GPOE) means those equipment’s normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc., that are obtainable in the open market.

Contractors are expected to have the necessary facilities to perform the requirements of this solicitation/contract. This includes any GPOE necessary to perform the requirements herein.

Notwithstanding the "Allowable Cost and Payment" clause of this contract, costs for the acquisition of GPOE shall not be considered as an allowable direct charge to this contract.

G.14 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

Provider Enrollment and Oversight (PEO) 75FCMC18R0014 Page 24 of 116 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:

i. 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.

ii. 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.

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.15 CONTRACTOR WORK PERFORMED OUTSIDE THE UNITED STATES AND ITS

TERRITORIES (APR 2016)

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

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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.

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