MIDS_Solicitation_Redline_Rev_2.docx

Solicitation Number 75FCMC18R0019 Rev 21

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

Measure and Instrument Development and Support (MIDS) contract to develop outcome, process, structural, cost, and composite quality measures suitable for endorsement by a consensus endorsement entity and reflective of quality care across settings, including, but are not limited to, psychiatric hospitals, ambulatory care services, physician providers, accountable care organizations, nursing homes, home health agencies, hospice programs, long-term care hospitals, in-patient rehabilitation facilities, PPS-exempt cancer hospitals, acute care hospitals, and ambulatory surgical centers. Its purpose is also to support the collection of data that could be used to trend quality related to patient care for those patients that receive services across settings, as well as other uses related to cross-setting analysis.

B.2 TYPE OF CONTRACT

This is a multiple award indefinite delivery indefinite quantity (IDIQ) contract with provisions for pricing arrangements including, but not limited to, cost-plus-fixed-fee (CPFF), firm-fixed-price (FFP), time and materials (T&M) and labor hour (LH). Specific tasks and/or work to be performed, will be detailed in, and solicited by, individual Task Orders issued under this IDIQ contract.

NOTE: Please be advised that if the Offeror does not have an accounting system that is adequate for determining costs applicable to the contract (FAR 16.301-3) and for accumulating and segregating costs under a Cost Reimbursement (CR) contract, it will not be eligible to receive T&M/CPFF/LH Task Orders. Therefore, no T&M/CPFF/LH Task Orders will be awarded pending approval of the accounting system(s).

B.3 DETERMINATION OF ORDER TYPE/PRICES/COSTS

Each Task Order Request for Proposal (TORP) will state the contract type for that Task Order.

B.4 MINIMUM AND MAXIMUM AMOUNTS

During the contract period of performance, the Government shall place orders with each IDIQ Contractor totaling a minimum of $1,000 (inclusive of all costs and fee) over the life of the contract.

The maximum MIDS IDIQ amount (i.e., the maximum ceiling across all MIDS Contracts) shall not exceed $1.6 Billion (inclusive of all costs and fee) over the life of the contract.

The Government reserves 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.5 LABOR RATES (TIME AND MATERIALS (T&M))

a. The following fixed rates shall be utilized for T&M type Task Orders. The Contractor is limited to the negotiated T&M rate ceilings stated below for all T&M Task Orders. Additional labor rates may be required for each particular Task Order and should be submitted for evaluation with the Task Order proposal. T&M rates may need to be modified from time to time based on changing business needs and to avoid windfall profit when high dollar Task Orders are awarded. If it appears to either party that the labor rates below require revision, the Government, upon review of documentation submitted by the Contractor, may modify the contract to establish new ceilings, but in no case shall the Government reimburse the Contractor for more than the total estimated cost of each individual Task Order for which the rate(s) may be applied.

TIME AND MATERIAL TASK ORDER FULLY BURDENED LABOR RATES – See below

T&M Rates will not be established until such time as a T&M Task Order Contract is awarded.

LABOR CATEGORY

DESCRIPTION

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

TBD

B.6 TRAVEL/OTHER DIRECT COSTS/ MATERIAL (COST REIMBURSEMENT TASK ORDERS INCLUDING T&M)

Travel, Material and Other Direct Costs shall be reimbursed at actual costs incurred in accordance with 52.216-7, Allowable Cost and Payment, and the Federal Travel Regulation as applicable. These items will not be separately priced in this contract, but will be set forth, when applicable, on each Task Order.

B.7 FIXED FEE (COST-PLUS-FIXED-FEE TASK ORDERS)

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

B.8 CONTRACT LINE ITEM NUMBER (CLIN)

IDIQ AWARD ONLY:

Contract Line Item Number (CLIN)

Cost

* To be invoiced the first quarter after receiving IDIQ award. Refer to Section G.1, G.2, G.3, and/or G.4 for invoicing information.

TASK ORDER AWARD ONLY:

Contractor’s First Task Order Award will be reduced by $1,000 to account for the IDIQ Minimum Guarantee.

TOTAL

Per FAR 16.301-1, the above CLIN table establishes the ceiling that the Contractor may not exceed without the approval of the Contracting Officer.

Refer to Section G.1, G.2, G.3, and/or G.4 for invoicing information.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Refer to Attachment J.1 IDIQ Statement of Work (SOW).

SECTION D – PACKAGING AND MARKING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with the SOW and Schedule of Deliverables (SOD), and any additional requirements set forth in individual Task Orders.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

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

Federal Acquisition Regulation (FAR) Clauses:

E.2 INSPECTION AND ACCEPTANCE

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

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

c. Inspection and acceptance of the Contractor's performance shall be in accordance with the applicable FAR Clauses in Section E.1 above.

E.3 ACCEPTANCE BY THE CONTRACTING OFFICERS REPRESENTATIVE (COR)

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

Federal Acquisition Regulation (FAR) Clauses:

52.247-34 F.O.B. DESTINATION (NOV 1991)

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The anticipated period of performance of this IDIQ contract is as follows:

F.3 NOTIFICATION OF LATE DELIVERIES

In the event the Contractor anticipates difficulty in complying with the agreed upon performance period in each Task Order, the Contractor must immediately notify the Contracting Officer in writing giving all pertinent information, to include the date by which the Contractor expects to complete performance. However, this notification must be informational only in character and the receipt thereof must not be construed as a waiver by the Government of any delivery schedule, or as precluding any rights or remedies provided by law or otherwise under this contract.

F.4 SCHEDULE OF DELIVERABLES

Deliverables and reporting requirements will be specified in each individual Task Order and discussed during the negotiation of each Task Order.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

TBD

Accounting and Appropriation Data shall be included on each invoice/voucher.

G.2 PAYMENTS – VOUCHERS (COST REIMBURSEMENT CONTRACTS) (OCT 2015)

a. GENERAL: The Contractor may submit to the Government a voucher or Standard Form 1034, 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. METHOD OF PAYMENT: CMS shall only make an electronic payment for reimbursement of voucher submissions in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – System for Award Management. In order to receive payments, the contractor shall register in the System for Award Management (SAM) database, in accordance with FAR 52.204-7, System for Award Management.

c. ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

d. CONTENT OF VOUCHER - Vouchers shall include, at a minimum:

· Contractor’s name and address

· Contractor’s Tax Identification Number (TIN)

· Contractor’s DUNS Number

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

· Contract Payment Category Type TBD upon award

· Contract and Order Number, as applicable;

· Contract line item number (CLIN) and/or Subcontract line item number (SLIN);

· Description, quantity, unit of measure, unit price and extended price/cost of the items actually delivered or services rendered, i.e., Labor category and labor hours x labor rate = total direct labor dollars, subcontractor costs, travel, other direct costs, overhead rate(s), etc.;

· Shipping and payment terms;

· Terms of any discount for prompt payment offered;

· Other substantiating documentation or information as required by the contract;

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

· Name, title, phone number of person to notified in the event of a defective voucher;

· Period of performance for delivery date of goods or services provided; and

· Information contained in Section G.1.

e. MAILINGS: Vouchers shall be submitted as follows:

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

· Contract Specialist – listed in section G.5; and

· COR – listed in section G.5.

AND

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

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

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

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

f. PAYMENTS: The Government shall make provisional payments on all vouchers (pending the completion of a final audit of the Contractor's cost records) in accordance with:

· FAR 52.216-7, Allowable Cost & Payment, and

· FAR 52.232-1, Payments, and 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 thirty (30) calendar days after receipt of an acceptable voucher from the Contractor requested at the paying office designated above. Any discrepancies determined as a result of the audit could delay the processing of the voucher and may result in the voucher being returned to the Contractor for corrections.

g. INTEREST ON OVERDUE PAYMENT

The Prompt Payment Act, Public Law 97-177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an 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 Office of Management and Budget Circular A-125.

G.3 PAYMENTS - INVOICES (FIRM FIXED PRICE CONTRACTS) (OCT 2015)

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

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

c. ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

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

· Contractor’s name and address;

· Contractor’s Tax Identification Number (TIN);

· Contractor’s DUNS Number;

· Invoice date;

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

· Contract Payment Category Type TBD upon award

· Contract and Order Number, as applicable;

· Contract line item number (CLIN) and/or Subcontract line item number (SLIN);

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

· Shipping and payment terms;

· Terms of any discount for prompt payment offered;

· Other substantiating documentation or information as required by the contract;

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

· Name, title, phone number of person to notified in the event of a defective invoice;

· Period of performance or delivery date of goods or services provided; and

· Information contained in Section G.1.

e. MAILINGS: Invoices shall be submitted as follows:

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

· Contract Specialist – listed in section G.5; and

· COR – listed in section G.5.

AND

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

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

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

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

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

· FAR 52.232-1 Payments, and

· FAR 52.212-4 Contract Terms and Conditions – Commercial Items (If applicable) upon acceptance by the Contracting Officer’s Representative (COR) in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval, as appropriate.

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

g. INTEREST ON OVERDUE PAYMENT

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

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

G.4 PAYMENTS – VOUCHERS (TIME & MATERIALS/LABOR HOUR CONTRACTS) (OCT 2015)

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

c. ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

d. CONTENT OF VOUCHER - Vouchers shall include, at a minimum:

· Contractor’s name and address

· Contractor’s Tax Identification Number (TIN)

· Contractor’s DUNS Number

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

· Contract Payment Category Type TBD upon award

· Contract and Order Number, as applicable;

· Contract line item number (CLIN) and/or Subcontract line item number (SLIN);

· Description, quantity, unit of measure, unit price and extended price/cost of the items actually delivered or services rendered, i.e., Labor category and labor hours x labor rate = total direct labor dollars, subcontractor costs, travel, other direct costs, overhead rate(s), etc.;

· Shipping and payment terms;

· Terms of any discount for prompt payment offered;

· Other substantiating documentation or information as required by the contract;

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

· Name, title, phone number of person to notified in the event of a defective voucher;

· Period of performance for delivery date of goods or services provided; and

· Information contained in Section G.1.

e. MAILINGS: Vouchers shall be submitted as follows:

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

Contract Specialist – listed in section G.5; and COR – listed in section G.5.

AND

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

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

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

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

f. PAYMENTS: The Government shall make payments on all vouchers in accordance with –

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

· FAR 52.216-7, Allowable Cost & Payment,

· FAR 52.232-1, Payments, and

· FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts 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 thirty (30) calendar days after receipt of an acceptable voucher from the Contractor at the paying office designated above. Any discrepancies determined as a result of the audit could delay the processing of the voucher and may result in the voucher being returned to the Contractor for corrections.

g. INTEREST ON OVERDUE PAYMENT

The Prompt Payment Act, Public Law 97-177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an 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 Office of Management and Budget Circular A-125.

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:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Acquisition Support Group Division of Quality Contracts ATTN: Jeannine Bohlen 7500 Security Blvd.

Mail-stop: B3-30-03 Baltimore, MD 21244-1850

Phone: 410-786-2864 Email Address: Jeannine.Bohlen@cms.hhs.gov

b. Contract Specialist

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

The Contract Specialist is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Acquisition Support Group Division of Quality Contracts ATTN: Jonathan Chattler 7500 Security Blvd.

Mail-stop: B3-30-03 Baltimore, MD 21244-1850

Phone: 410-786-0352 Email Address: Jonathan.Chattler@cms.hhs.gov

c. Contracting Officer’s Representative

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

Centers for Medicare & Medicaid Services Centre for Clinical Standards and Quality Quality Measurement & Value-Based Incentives Group Division of Program and Measurement Support

ATTN: TBD

7500 Security Blvd.

Mail-stop: S3-02-01 Baltimore, MD 21244-1850

Phone: TBD Email Address: TBD

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.

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

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

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

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

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

G.6 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices), submitted under this contact shall be subject to the following procedures:

a. Technical Correspondence - Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the COR/GTL with an informational copy of the basic correspondence to the Contracting Officer.

b. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer, in duplicate, with an informational copy of the basic correspondence to the COR/GTL.

c. Subject Lines - All correspondence shall contain a subject line, commencing with the contract number as illustrated below:

Subject: Contract No.

Contractor’s Name Request for Subcontract Approval

G.7 SUBCONTRACT CONSENT

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

b. To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by FAR 52.244-2, Subcontracts, and FAR 52.244-5, Competition in Subcontracting, to the CO. Refer to Attachment J.4, Consent to Subcontract form. 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. Contractor is required to submit a completed Consent to Subcontract form for the following:

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

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.

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

TBD

e. Each Task Order will require separate subcontractor consent. Approved subcontractors at the Task Order level will be listed in the individual Task Order.

G.8 SUBCONRACTING PROGRAM AND REPORTING

A non-profit organization is considered a large business and shall submit a subcontracting plan and reports. A for-profit organization shall follow the size standards provided at www.SBA.gov in order to determine the applicability of the subcontracting plan and subsequent reports.

In accordance with FAR 52.219-9 Small Business Subcontracting Plan, Offerors are required to submit a Small Business Subcontracting Plan for any contract that exceeds $700,000. In accordance with FAR 19.704, Subcontracting Plan Requirements, the subcontracting plan submitted shall be approved by the CO and incorporated as Attachment J.5 of this contract and made a part hereof.

The term “subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract.

The plan shall cover the entire contract period of performance and incorporate the CMS recommendations provided below:

Offerors shall strive to achieve the following DHHS small business utilization goals when developing its small business subcontracting plan.

Of the total dollars subcontracted, 33% should be awarded to Small Businesses.

As a subset of the 33%, the following goals are recommended:

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR) and the Summary Subcontracting Report (SSR) shall be submitted as follows:

G.9 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 CO specifically permits another use, in writing. Should the CO 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 CO 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 CO may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

Upon the request of the CO or the expiration date of this contract, whichever shall come first, the Contractor shall, upon instructions from the CO, return or destroy all data given to the Contractor by the Government. However, the CO 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 CO 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 CO 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 CO shall determine is adequate.

G.10 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

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 CO.

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 stimulated. 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 CO who must render a written determination. The CO'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 CO of the Contractor's desire to release findings of studies or research or data or information described above. If the Contractor disagrees with the CO's determination, and if this disagreement cannot be settled by the Contractor and the CO 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 would be 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 CO 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 projects funding, 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 & Medicaid Services, Department of Health and Human Services."

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

G.11 WORKING PAPERS

The Contractor shall provide, at the request of the Contracting Officer, all the working papers used by the participating officials and employees of the Contractor in connection with all work undertaken pursuant to the contract.

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. The Contractor is responsible for an annual physical inventory accounting for all government property under this contract. The inventory must be conducted by September 30th and the Form 565 Report of Accountable Personal Property, Attachment J.6, submitted by October 31st of each year.

b. The inventory report shall include all items acquired, furnished, rented or leased under the contract. Employees who conduct the inventories should not be the same individuals who maintain the property records. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Property Administrator at the address:

Centers for Medicare & Medicaid Services OOM, Administrative Services Group Division of Property and Space…