75FCMC18R0034_BFCC_RFP.pdf

75FCMC18R0034

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 156

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

05/30/2018 X

ASG - DQC

CMS,OAGM,ASG,DQC

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

BALTIMORE MD 21244-1850

1100 ES 07/23/2018

Irina Perl 410 irina.perl@cms.hhs.gov

786-2240

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Michael Milanese

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 155

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75FCMC18R0034

(A) (B) (C) (D) (E) (F)

Pending availability of funds

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Beneficiary and Family Centered Care (BFCC) Quality Improvement Organization (QIO) IDIQ

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.2 TYPE OF CONTRACT

B.3 DETERMINATION OF ORDER TYPE/PRICES/COSTS

B.4 MAXIMUM CONTRACT CEILING AND MINIMUM CONTRACT GUARANTEE10

B.5 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT TASK ORDERS)

B.6 SCHEDULE FOR PAYMENT FOR FIXED PRICE

B.7 AWARD FEE (COST PLUS AWARD FEE TASK ORDERS)

B.8 LABOR RATES (TIME AND MATERIALS (T&M))

B.9 TRAVEL/OTHER DIRECT COSTS/ MATERIAL (COST REIMBURSEMENT TASK

ORDERS INCLUDING T&M)

B.10 TRANSITION SERVICES

B.11 MEDICAL RECORDS PHOTOCOPYING

SECTION C – STATEMENT OF WORK/SERVICES

SECTION D – PACKING AND MARKING

D.1 PACKING, MARKING AND SHIPPING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

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

E.4 PERFORMANCE IMPROVEMENT PLAN (PIP)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE (JAN 2014)

F.3 SCHEDULE OF DELIVERABLES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

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

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

G.4 PAYMENTS – VOUCHERS (TIME & MATERIALS CONTRACTS) (OCT 2015) . 23

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (JUL 2016)

G.6 SUBJECT MATTER EXPERTS (SME)

G.7 CORRESPONDENCE PROCEDURES

G.8 SUBCONTRACT CONSENT

G.9 SUBCONRACTING PROGRAM AND REPORTING

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

G.11 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION . 31

G.12 DATA TO BE DELIVERED

G.13 PROPERTY ADMINISTRATION

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

G.15 TASK ORDER PROCEDURES

G.16 CONTRACTOR WORK PERFORMED OUTSIDE THE US AND ITS TERRITORIES

(APR 2016)

G.17 INDIRECT COST RATES (SEP 2014)

G.18 OTHER PROVISIONS APPLICABLE ALLOWABLE COSTS

G.19 ANNUAL WAGE DETERMINATIONS

G.20 CLOSEOUT AUDITS FOR PROFIT AND NON—PROFIT ORGANIZATIONS

G.21 ENGINEERING REVIEW BOARD (ERB) PROCESS FOR OBTAINING ADDITIONAL

SOFTWARE

G.22 CONTRACTING OFFICER’S AUTHORIZATIONS (COA)

G.23 ON-SITE VISITS

G.24 PUBLICITY

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE (APR 2017)45

H.2 CLAUSES INCORPORATED BY REFERENCE

H.3 KEY PERSONNEL HHSAR 352.237-75 (DEC 2015)

H.4 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.5 CMS INFORMATION SECURITY (APR 2013)

H.6 CMS SECURITY CLAUSE (APR 2016)

H.7 OPEN GOVERNMENT PROACTIVE PREDISCLOSURE NOTIFICATION (OCT 2013)

H.8 DATA USE AGREEMENT

H.9 RESTRICTIONS AGAINST DISCLOSURE

H.10 REHABILITATION ACT, SECTION 508, ACCESSIBILITY STANDARDS

H.11 SECTION 504 OF THE REHABILITATION ACT OF 1973 – QUALIFIED

INDIVIDUALS WITH DISABILITIES

H.12 COSTS FOR CONFERENCES, MEETING, RELATED TRAVEL AND FOOD

H.13 ON RAMP

H.14 OPEN SEASON PROCEDURES

H.15 OFF RAMP

H.16 DISCLOSURE OF INFORMATION

H.17 GOVERNANCE REQUIREMENTS

H.18 CONDITIONS FOR PERFORMANCE

H.19 CONTRACT VIOLATIONS OR INTEGRITY ISSUES

H.20 CHANGES IN CLINICAL SCIENCE

H.21 QIO MANUAL CHANGES AND HCQIS USER’S GUIDE

H.22 POST AWARD/KICK-OFF MEETING

H.23 DUPLICATION OF EFFORT

SECTION I - CONTRACT CLAUSES

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

I.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE

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

I.4 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

FAR 52.204-21 (JUN 2016)

I.5 ORDERING FAR 52.216-18 (OCT 1995)

I.6 ORDER LIMITATIONS FAR 52.216-19 (OCT 1995)

I.7 INDEFINITE QUANTITY 52.216-22 (OCT 1995)

I.8 OPTION TO EXTEND THE TERM OF THE CONTRACT FAR 52.217-9 (MAR 2000)

I.9 EQUAL OPPORTUNITY FOR VETERANS FAR 52.222-35 (OCT 2015)

I.10 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES FAR 52.222-36 (JUL

2014)

I.11 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES FAR 52.222-42 (MAY

2014)

I.12 ALTERATIONS IN CONTRACT FAR 52.252-4 (APR 1984)

I.13 CONFIDENTIAL INFORMATION HHSAR 352.224-71 (DEC 2015)

I.14 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY HHSAR

352.239-74 (DEC 2015)

SECTION J – LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

K.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 COMPLETED BY THE OFFEROR: [THE REPRESENTATIONS AND

CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL AUTHORIZED TO

BIND THE OFFEROR.]

K.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION FAR 52.203-2 (APR

1985)

K.4 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FAR 52.204-8 (NOV 2017)

K.5 REPRESENTATIONS AND INSTRUCTIONS (FINANCIAL INFORMATION) .. 110

K.6 PREDECESSOR OF OFFEROR FAR 52.204-20 (JULY 2016)

K.7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS FAR 52.209-5 (OCT

2015)

K.8 INFORMATION REGARDING RESPONSIBILITY MATTERS FAR 52.209-7 (JUL 2013)

K.9 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW FAR 52.209-

11 (FEB 2016)

K.10 PLACE OF PERFORMANCE FAR 52.215-6 (OCT 1997)

K.11 SMALL BUSINESS PROGRAM REPRESENTATIONS FAR 52.219-1 (OCT 2014)119

K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FAR 52.222-22 (FEB 1999)

K.13 AFFIRMATIVE ACTION COMPLIANCE FAR 52.222-25 (APR 1984)

K.14 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN--CERTIFICATION FAR 52.225-20 (AUG 2009)

K.15 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION FAR 52.230-1

(OCT 2015)

K.16 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES FAR

52.230-7 (APR 2005)

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

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

1998)

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

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

SMALL BUSINESS STANDARD

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

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

L.6 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY NOTICE

HHSAR 352.239-73 (DEC 2015)

L.7 SPECIAL INSTRUCTIONS

L.8 COMMUNICATIONS PRIOR TO CONTRACT AWARD

L.9 GENERAL PROPOSAL INSTRUCTIONS FOR A MULTIPLE AWARD IDIQ

CONTRACT AND TASK ORDERS

L.10 PROPOSAL ORGANIZATION

L.11 PROPOSAL PRESENTATION AND DELIVERY

L.12 TECHNICAL PROPOSAL INSTRUCTIONS (VOLUME IA)

L.13 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE PROPOSAL

(OCT 2015) (VOLUME IB) (NO PAGE LIMIT)

L.14 IT CONNECTIVITY/FISMA/FEDRAMP COMPLIANCE (VOLUME IC) (not included in the page count)

L.15 TASK ORDER 0001 TECHNICAL RESPONSE (VOLUME IIA)

L.16 BUSINESS PROPOSAL FOR TASK ORDER 0001 (VOLUME IIB)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 CLAUSES INCORPORATED BY REFERENCE

M.2 GENERAL PROCEDURES

M.3 TECHNICAL PROPOSAL EVALUATION

M.4 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE PROPOSAL

EVALUATION

M.5 IT CONNECTIVITY/FISMA/FEDRAMP COMPLIANCE

M.6 BUSINESS PROPOSAL EVALUATION

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The purpose of the Beneficiary and Family Centered Care (BFCC) Quality Improvement Organization (QIO) contract is to improve healthcare services for Medicare beneficiaries through BFCC-QIO performance of numerous statutory review functions, including, but not limited to, quality of care reviews, beneficiary complaint reviews, discharge and termination of service appeals in various provider settings, medical necessity reviews, and Emergency Medical Treatment and Labor Act (EMTALA) reviews. CMS wants to ensure that care provided by the Medicare Program is medically necessary, reasonable, meets professionally recognized standards of care, is provided in the appropriate setting, and complies with certain standards under the EMTALA.

BFCC-QIO AREAS

The following chart is the breakdown of the BFCC-QIO Areas, as “QIO area” is defined in 42 CFR Part 475:

* Hawaii includes the Pacific Territories of American Samoa, Guam and the Commonwealth of the Northern Mariana Islands.

BFCC Regions & States Served Aligned to CMS Regions

Region 1 Boston CT, ME, MA, NH, RI, VT

Region 2 New York NJ, NY, PR, USVI

Region 3 Philadelphia DE, DC, MD, PA, VA, WV

Region 4 Atlanta AL, FL, GA, KY, MS, NC, SC, TN

Region 5 Chicago IL, IN, MI, MN, OH, WI

Region 6 Dallas AR, LA, NM, OK, TX

Region 7 Kansas City IA, KS, MO, NE

Region 8 Denver CO, MT, ND, SD, UT, WY

Region 9 San Francisco AZ, CA, HI, NV, Pacific Territories

Region 10 Seattle AK, ID, OR, WA

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), cost-plus-award-fee (CPAF), and time and materials (T&M). 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/CPAF Task Orders. Therefore, no T&M/CPFF/CPAF Task Orders will be awarded pending acceptance 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 deemed appropriate by the Government for that Task Order.

B.4 MAXIMUM CONTRACT CEILING AND MINIMUM CONTRACT GUARANTEE

(a) Maximum. The maximum contract ceiling value of all contracts in this multiple award procurement is established at $1.5 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. There is no maximum dollar ceiling for an individual Task Order.

(b) Minimum. The minimum guaranteed award amount for this IDIQ contract is $1,000 dollars (inclusive of cost and fee) per contractor for the full term of the base period under 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. Once the conditions of paragraph (b) have been met the Contractor continues to be afforded fair opportunity, as per FAR 16.505(b)(1), to compete for Task Orders issued through the expiration of the contract or termination of the Contractor’s contract, whichever occurs first.

(d) If no Task Order has been awarded in the first six months of the IDIQ contract period of performance, the contractor may invoice for the minimum ordering guarantee of $1,000:

CONTRACT LINE ITEM NUMBER (CLIN)

Contract Line Item Number (CLIN)

Period of Performance

Cost

CLIN 0001 TBD IDIQ Minimum Guarantee

$1,000*

*To be invoiced within the six months after receiving IDIQ award. Refer to Section G.1, G.2, G.3, and G.4 for invoicing information.

(e) The Contractor’s first Task Order award will be reduced by $1,000 to account for the obligation against the base IDIQ.

B.5 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT TASK ORDERS)

The fixed fee set forth in each individual CPFF task order under this contract will be paid in installments at the time of each monthly provisional payment.

NOTE: The payment of fixed fee is subject to the withholding provisions of FAR 52.216- 8, entitled Fixed Fee. Any balance of fixed fee shall be paid to the contractor at the time specified in FAR 52.216-8.

B.6 SCHEDULE FOR PAYMENT FOR FIXED PRICE

The Government shall pay the Contractor for performing this contract the fixed price specified in each individual FFP task order in installments at the time of each monthly payment.

B.7 AWARD FEE (COST PLUS AWARD FEE TASK ORDERS)

Should an award fee type task order be issued (i.e., Cost Plus Award Fee), the amount of award fee the Contractor earns, if any, is based on an evaluation by the Government of the quality of the Contractor’s performance. This will be accomplished in accordance with a Performance Evaluation Plan established for individual CPAF task orders. The Government will determine the amount of award fee paid as determined in the plan.

NOTE: The determination of the award fee paid amount and the award fee methodology are unilateral decisions made solely at the discretion of the Government. The Government may unilaterally change the Performance Evaluation Plan at any time. However, any revisions to the evaluation criteria in the plan shall be presented to the Contractor prior to the evaluation period in which it will be used.

B.8 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.

T&M Rates will not be established until such time as a T&M Task Order Contract is awarded. At the time of a T&M Task Order award, labor categories and fully burdened labor rates will be included.

B.9 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.10 TRANSITION SERVICES

Transition will take place at the Task Order level and costs will be identified separately for start-up and phase-out services. Refer to SOW for additional information.

B.11 MEDICAL RECORDS PHOTOCOPYING

CMS requires the use of electronic transfers of medical records whenever possible.

However, the BFCC-QIO Contractor will be paid for a properly certified invoice/voucher for medical records photocopying costs at a rate of $.12 per page (hardcopies) for reproduction of PPS provider records and $.15 per page (hardcopies) for reproduction of non-PPS institutions and practitioner records, plus first class postage. Specifically, hospitals and other providers (such as critical access hospitals) under a Medicare cost reimbursement system, receive no photocopying reimbursement from the BFCC Contractor. Capitation providers such as HMOs and dialysis facilities receive $.12 per page. No fixed fee will be paid on photocopying.

SECTION C – STATEMENT OF WORK/SERVICES

The Statement of Work (SOW) provides requirements which the Contractor is expected to accomplish to meet minimum contract needs. Specific tasks and/or work to be performed, will be detailed in, and solicited by individual Task Order issued under this IDIQ contract and will be based on requirements as set forth in the Statement of Work, as well as in each applicable Task Order.

Independently, and not as an agent of CMS, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform this Statement of Work.

The BFCC-QIO IDIQ Contract will provide the services as described in Attachment J.1, BFCC IDIQ Statement of Work (SOW).

SECTION D – PACKING AND MARKING

D.1 PACKING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with the Schedule of Deliverables (SOD) at the Task Order level.

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:

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

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR

1984)

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (MAY

2001)

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.

E.4 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 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.

https://www.acquisition.gov/

In the event a BFCC Contractor fails to meet its contract requirements for acceptability, a PIP may be required in accordance with QIO Manual Section 15400-15420.

See https://www.cms.gov/Regulations-and- Guidance/Guidance/Manuals/downloads/qio110c15.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/qio110c15.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/qio110c15.pdf

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:

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 STOP-WORK ORDER (AUG 1989) ALT I (APR 1984)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The Base Ordering Period is 5 years from the effective date of the contract award. The contract of a successful BFCC-QIO Contractor, as defined in Section 1153(c) (2) of the Social Security Act (the Act), may be renewed for an additional five (5) year term at CMS’s discretion, for a total period of performance of 10 years.

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

Base Period: January XX, 2019 through January XX, 2024 Option Period 1: January XX, 2024 through January XX, 2029

(Note: Actual dates will be included at contract award)

F.3 SCHEDULE OF DELIVERABLES

Deliverables and reporting requirements will be specified in each individual Task Order.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

CLIN / CAN

Requisition Number /

Accounting Commitment Number (ACN)

Office Code:

Object Class: Amount

TBD TBD TBD TBD $1,000

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, 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:

o 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.;

• Travel Costs (Including Foreign Travel): The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46 Travel Costs.

• Per Diem: Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary for performance mailto:CCRChanges@cms.hhs.gov under this contract. Incurred costs shall be considered to be reasonable and allowable only to the extent that they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations. See FAR 31.205-46(2).

• Cost of Materials: The cost of materials furnished or used under this contract shall be reimbursed in accordance with paragraph (b) of the clause entitled Allowable Costs (FAR 52.216-7) for cost reimbursement contracts and FAR 31.205-26 Material Costs. Expendable material costs for items such as office supplies, report paper, etc., and tools of the trade shall be considered to be included in the contractor's indirect cost pools. The Contractor shall be required to support all material costs claimed.

• Direct Charge Relocation Costs: In accordance with FAR 31.205-35 Relocation Costs, relocation costs either directly charged or included in the contractor's indirect cost pools, associated with an individual not completing a term of service equal to one year working under this contract, shall be an unallowable cost under this contract.

• 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.

• Standard Form (SF) 1034, Public Voucher for Purchases and Services Other than

Personal;

• The SF 1034 shall clearly document costs invoiced under multiple CAN numbers. Each CAN and the respective CAN billed amount shall be clearly delineated.

• CMS Revised Form 719, Quality Improvement Organization Contract Activity and Voucher;

• CMS Form 618, Quality Improvement Organization Voucher Certification;

• Any additional supporting documentation

• Monthly fixed fee clearly and separately identified on the voucher;

• At a minimum, the following additional supporting documentation must be supplied with the monthly invoice:

o A listing of the total direct employee costs charged to the invoice per employee including the hours charged the rate per employee and the total cost per employee.

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:

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 mailto:xxxx.xxxxx@CMS.HHS.Gov 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.

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:

o 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:

invoice to both of the following individuals:

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

• COR – listed in section G.5.

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

OFM/Division of Accounting Operations the original hard copy of the invoice shall be submitted to the address below:

OFM/Division of Accounting Operations

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.

payments made more than 30 calendar days after receipt of an invoice by the Division of Accounting Operations.

G.4 PAYMENTS – VOUCHERS (TIME & MATERIALS 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.

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:

o 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:

voucher to both of the following individuals:

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

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

OFM/Division of Accounting Operations the original hard copy of the voucher shall be submitted to the address below:

OFM/Division of Accounting Operations

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.

payments made more than 30 calendar days after receipt of an voucher by the Division of Accounting Operations.

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:

Office of Acquisition & Grants Management Acquisition Support Group Division of Quality Contracts

ATTN: TBD

7500 Security Blvd.

Mail-stop: B3-30-03

Phone: TBD Email Address: TBD

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 Quality Contracts

ATTN: TBD

7500 Security Blvd.

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

c. Contracting Officer’s Representative

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

Centre for Clinical Standards and Quality Quality Improvement and Innovation Group Division of Beneficiary Healthcare Improvement and Safety

ATTN: TBD

7500 Security Blvd.

Mail-stop: TBD Baltimore, MD 21244-1850

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.

mailto:Michael.Milanese@cms.hhs.gov

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 SUBJECT MATTER EXPERTS (SME)

The Contracting Officer’s Representative (COR) is an individual, designated and authorized in writing by the contracting officer to perform specific technical or administrative functions including acknowledgment, acceptance and/or approval of deliverables.

The Subject Matter Expert (SME) will assist the COR with his/her responsibilities as described below. The CMS SME is an individual who may assist the COR by performing the following:

• Interaction with the contractor on behalf of the COR, while avoiding providing technical direction;

• Monitoring and evaluating the contractor’s performance and providing feedback to the COR;

• Keeping the COR informed of substantive communications with the contractor;

• Assisting the COR with the inspection and evaluation of products and services delivered by the Contractor;

• Notifying promptly the COR of any actual or potential contractor performance issues.

All communication and interaction with the CMS SME and any supporting contractor related to any task should not be construed as a change, or intent to change, the scope of work under the contract.

G.7 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/SME 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/SME.

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.8 SUBCONTRACT CONSENT

a. 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.10, Consent to Subcontract form for those subcontracts/consultant that meet the requirements below. 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.

b. 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 the simplified acquisition threshold; or over

5% of the total estimated cost of the contract;

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

d. Any individual or entity that possesses special knowledge or skills and whose fully loaded hourly rate exceeds $175/hr. This applies to individuals who are to be reimbursed under any contract type (including fixed price subcontracts). Request for consent does not require Attachment J.10; however the request shall include a description of the work the individual is being hired to perform, the period of time the individual will be hired, the negotiated rate and the basis for the establishment of the price (market research), and any other terms.

e. Consent is not required for Physician Reviewers.

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

G.9 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.11 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:

Small Disadvantaged Businesses 5% Women-Owned Small Businesses 5% HUBZone Businesses 3% Veteran Owned Small Businesses 3% Service Disabled Veteran Owned Small Businesses 3%

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:

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

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 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.

http://www.esrs.gov/

G.11 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. Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the COR and higher level approval, when required, 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.

e. The COR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals.