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- Beneficiary and Family Centered Care (BFCC) Quality Improvement Organization (QIO) (BFCC-QIO)
- Solicitation number
- 75FCMC18R0034
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BFCC Q&A from draft solicitation and pre-solicitation conference
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IDIQ
Beneficiary and Family Centered Care (BFCC) Quality Improvement Organization (QIO)
| Question # | Document, Section, Page Number | Question/Comment | CMS Response |
| 1 | General | Is there any COI between Regional and National TOs? | Depends on the Task Order. TO1 and TO2 that are issued with the IDIQ do have a conflict but other future National TOs may not have a conflict. |
| 2 | General | How many National TOs does CMS anticipate releasing and allow to win? | TO1 will only have 1 awardee. Future National TOs have not yet been determined. |
| 3 | General | In the Annual Reports, what reviews are represented/included in the Utilization (All other Selection Reasons) area? | Those reviews that are relevant to the task order will be represented/included in the Utilization (All other Selection Reasons) area. |
| 4 | General | How many Sanctions have been conducted during the 11th SOW? | Volume estimates are included in the final RFP |
| 5 | General | Will Task Order 3, the Special Projects, be chosen from those awarded the BFCC QIO IDIQ? | Yes, only BFCC IDIQ holders will be able to bid on Task Orders. |
| 6 | General | Are all reviews being worked in QMARS or do some remain in CRIS? | All reviews will be in a single CMS designated IT system |
| 7 | General | Will CMS confirm that the BFCC SC contract will be procured under the BFCC QIO IDIQ? | It will not be procured under the BFCC IDIQ and rather will be a stand alone contract. |
| 8 | General | The NQIIC IDIQ intends to award 2 small business awards. Please confirm if CMS intends to set aside any BFCC QIO IDIQ awards for small businesses and, if so, how many? | Due to statute, which states that incumbents cannot be excluded from proposing and that the current incumbents are all "other than small businesses," CMS is unable to set-aside any of the work at this time. However, CMS encourages small businesses to propose on the IDIQ and task orders as a prime. If small businesses receive an IDIQ, CMS will consider set-asides for the future. |
| 9 | General | Please confirm that CMS will not award the BFCC NCORC to an organization that is awarded a regional BFCC QIO contract or vice versa. | Correct, CMS will not award the BFCC NCORC to an organization that is awarded a regional BFCC QIO contract or vice versa. |
| 10 | General | From a technology perspective, is CMS open to cloud-based technology platforms? If so, will CMS require the Cloud Service Provider (CSP) to be FedRAMP Moderate Certified? | CMS is following the Federal Cloud first stance and encourage the use of the cloud but any use has to be approved by CMS thru all necessary boards and approvals at the cost of the contractor. |
| 11 | General | Can a contractor use a propriety system to perform the case review work? | QMARS is the CMS system of record. CMS requests that contractors use the QMARS system real-time, however if a contractor chooses to use a different system, they may. The contractor would be responsible for any costs associated with the additional system and is subject to security audits and its associated fees. |
| 12 | General | If a contractor is awarded both BFCC and NQIIC can the contractor be given the option to choose which one they would like to complete. | Yes |
| 13 | General | Health equity is a priority of CMS. How does CMS intend to advance health equity through the BFCC work? | Health equity will be embedded through stakeholder collaboration opportunities stakeholders and BFCC program data initiatives. |
| 14 | General | For the certified accounting system requirement, can an audited system suffice? One audited by an independent CPA firm? | The following language has been added to the RFP: Dated within three years of proposal submission, an independent Certified Public Accountant (CPA) Firm completed the Standard Form 1408 Pre-award Survey of Prospective Contractor Accounting System (inclusive of CPA work papers) with the CPA Firm’s recommendation that the contractor’s accounting system is acceptable for award of a prospective flexibly-priced contract award. An SF 1408 without CPA work papers will be considered an incomplete submission. The SF 1408 can be found at: https://www.gsa.gov/cdnstatic/SF1408-14b.pdf?forceDownload=1 |
| 15 | General | Small businesses preparing a full bid with 2 Task Orders for a "maybe" is an undue hardship? Is there any way to reconsider? | Only the NCORC Task Order is mandatory and the same level of effort is required to propose on Task Order 1 as would be on a sample task order. Even if neither task order is awarded, offerors may still receive an IDIQ award and be eligible to bid on future task orders, as stated in the RFP: "Offerors may receive an IDIQ award even if neither Task Order award is received and become IDIQ holders eligible for future Task Order awards." |
| 16 | General | Because NCORC is mandatory, how will you handle an offeror that really wants the case review task order? For example, should they make their preference known in the proposal? Will CMS force an offeror to become an NCORC because of the mandatory task order? | Offerors should identify their preference for each task order in their cover letter of each volume. Per the RFP: Due to the COI limitations stated in Section H.1 of the RFP, as part of the proposal, if an Offeror proposes on Task Order 0002 in addition to the mandatory Task Order, please specify which Task Order the offeror prefers to receive award. CMS will try to accommodate Offerors’ requests based on adjectival ratings/technical capability and the governments’ best interests to meet the requirements of this work. |
| 17 | General | It was stated that a firm could not be a contractor for BFCC and NQIIC. Does this apply to subcontractors? If I passed on a BFCC for NQIIC and then the prime didn’t win the NQIIC, what are my options? | Correct, this limitation applies to subcontractors as well. The limitation will continue through the entire contract. If a prime does not win an award that a subcontractor was included on, the subcontractor can team with a prime on another task order in the future or be added to a task order, with CMS' approval by going through the subcontract consent process. |
| 18 | General | Can small businesses bid on Case Review Task Orders as a prime contractor? | Yes |
| 19 | General | Will there be multiple IDIQ holders per region, i.e.. 3 in region 10, 2 in region 5, etc.? | No, there will be multiple IDIQ holders but each region for the case review task order will have just one awardee. |
| 20 | General | Can CMS please explain why there are currently no small business set asides for the BFCC ID/IQ vehicle? It's particularly noteworthy because the NQIIC vehicle is proposing set asides and case review is work that is actually more conducive to small businesses? Some of the national support work is also feasible for small businesses to prime. | Due to statute, which states that incumbents cannot be excluded from proposing and that the current incumbents are all "other than small businesses," CMS is unable to set-aside any of the work at this time. However, CMS encourages small businesses to propose on the IDIQ and task orders as a prime. If small businesses receive an IDIQ, CMS will consider set-asides for the future. This is different from what the NQIIC is doing because the NQIIC is encompassing many programs, only one of which has the statutory limitation to not exclude incumbents. |
| 21 | B.1, pg. 8 | How many 60-day EMTALAs have been conducted during the 11th SOW? | Volume estimates are included in the final RFP |
| 22 | B.4 MAXIMUM CONTRACT CEILING AND MINIMUM CONTRACT GUARANTEE | (a) "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." The term "contract" has been used interchangeably throughout the solicitation for Task Order and IDIQ Contract (Umbrella). Does this provision mean the total value of all task orders for an IDIQ contract holder? Or, the total of all task orders issued for the entire program, i.e. all IDIQ Holder task orders together? | The ceiling applies to the total of all task orders ordered for the entire program. |
| 23 | Business Proposal | When creating the business proposal for the case review resource calculation, should the projected patient volume for case reviews be determined by the general Medicare population number for a respective region? If not, what should drive the volume calculation? | The final RFP will include case volume information that can be utilized by offerors in generating their business proposals. Offerors may deviate from the provided volumes if they can justify their estimates. |
| 24 | C.5.6, page 37 | Will the BFCC-QIOs be required to participate in each state's Disaster Planning Process? | The BFCC-QIO is encouraged to establish contacts and to assure that information on existing contacts remains current to ensure clear lines of communication and effective coordination of appropriate actions in advance of any disaster |
| 25 | E.4 PERFORMANCE IMPROVEMENT PLAN (PIP) | A PIP in this section and SSA Section 1153.15210 Methods of Evaluation which states: “CMS follows federal acquisition regulations when assessing QIO contractor performance on the contract...” appears to be in direct conflict with FAR 49.4 Termination for Default; specifically a “Cure” and “Show Cause” notices. Therefore, when is a PIP issued vs. a Cure Notice or Show Cause notice? Is a PIP issued before a "Cure Notice?" | A PIP would take place prior to a Cure Notice. |
| 26 | G.12 (f); p. 31 | Is there a timeline and/or requirements for transition of Government provided equipment to privately obtained equipment? How does transfer of data/programs occur? | CMS will be updating the documentation to reflect the updated onboarding procedures. The 11th SOW Existing GFE printers and laptops can be used only during the transition to the 12th Sow. CMS will specify a timeline in which awardees will fully transition to CFE. |
| 27 | G.14 (h); p. 35 | Does this statement infer no method of disagreement/challenge can be used if a Task order is not awarded? | If this is referring to protests, Task Orders that are valued under $10 million cannot be protested per the FAR. Task Order awards valued over $10 million can be protested. |
| 28 | G.24 PUBLICITY | How is this clause different than G.10 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION. Publicity appears to already be covered in G.10. | G.10 Dissemination, publication, and distribution of information refers to contractors going public with their work products, versus G.24 Publicity refers to any press releases or announcements that contractors want to release on their own accord. |
| 29 | G.8, p. 27 | The RFP includes a Subcontracting Program and Reporting that require Large Prime Contractors to submit a Small Business Subcontracting Plan to achieve the following DHHS small business utilization goals. How will CMS ensure Prime Contractors are tracking and ensuring the small business utilization goals are met? | CMS monitors contractors progress on meeting small goals through the semiannual eSRS reports and progress is also reflected in CPARS evaluations. |
| 30 | G.9; p. 29 | Is all archived data to be erased/destroyed due to contract end? If so, how are proprietary documentation systems affected? | Data is maintained according to timeframes within the QIO manual and transitioned between incumbents and successors. Proprietary documentation systems are affected based on these requirements. See Chapters 10 and 13 of the QIO Manual |
| 31 | H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE (APR 2017), page 49 | The chart of all QIO program contractors showing purpose and contract limitations includes the term "Medicare Fee-for-Service Compliance Program Contractor Service Area(s)." This term is not defined in the RFP or government websites. What does this term mean? | Term has been added to glossary |
| 32 | H.1 COI | May a bidder choose to stick to a separate region and not bid on national task orders and thus be able to bid on a BFCC region on the east coast and an NQIIC national region on the west coast? | At this time, CMS is not allowing any overlap in contractors or subcontractors on any BFCC or NQIIC awards. |
| 33 | H.1, p 50 | Can the NCORC contract awardee subcontract any TO1 work to the BCFF Case Review Services awardee? | No |
| 34 | H.1 Contract Limitations Table; p. 50 | BFCC-QIO - contract limitations column states ineligible for award of the following contracts: BFCC NCORC - How can the BFCC -QIO be ineligible if they are required to bid on the NCORC contract? | BFCC-QIOs are eligible to receive an NCORC Task Order. The limitation is between the NCORC and Case Review Task Order holders. For proposal purposes, all offerors are asked to propose on the NCORC Task Order, however an offeror will not be able to be awarded both an NCORC and Case Review Task Order. |
| 35 | H.1 OCI | In regard to the COI rules, how does this apply to subcontractors? Can a small business be a subcontractor on both the NQII and the BECC efforts? | The same COI rules apply to subcontractors. You can propose on both but cannot stay on as a subcontractor on both, if awarded. That is a business decision that each company must make. We do not have privity with subcontractors after award and therefore we wouldn’t be able to monitor their involvement in the work and determine whether a COI exists or not. |
| 36 | H.1, p. 47 | The RFP states that any contractors holding a subcontract under the NQIIC IDIQ may not enter into subcontract work under the BFCC IDIQ. Can CMS provide an explanation of why a subcontractor may nor subcontract under both IDIQ vehicles presuming appropriate safeguards and protections are in placed to mitigate conflicts of interests? | CMS does not have privity with subcontractors and therefore would not be able to monitor the activities performed by subcontractors and whether or not they pose an OCI concern after award. |
| 37 | H.1.c., p. 50 | Will CMS please confirm that a BFCC QIO IDIQ awardee could potentially hold both the BFCC NCORC and the BFCC SC contracts? According to the contract limitations table, this seems to be the case. | Yes |
| 38 | H.12 COSTS FOR CONFERENCES, MEETING, RELATED TRAVEL AND FOOD, page 79 | What is meant by "LAN"? | Learning and Action Networks (LAN): A cadre of healthcare practitioners, providers, and citizens who come together for the purpose of implementing change and spreading evidence-based practice through peer-to-peer learning and solution-sharing to improve care delivery and outcomes. Networks find new ways to improve processes by changing behavior on a large scale; for example, by providing a structured opportunity for the exchange of information at all levels. Networks are skilled at iterative testing, using sound measurement, providing system analysis, and managing a group to move toward a goal. The LAN model includes collaborative projects, online interactions, and peer-to-peer education to facilitate shared commitment, energy, and knowledge that allows participants to learn from each other. Members typically are participant providers, mentor providers, field offices or affinity groups, and national partners. This term has been added to the Glossary. |
| 39 | H.16 OFF RAMP | This provision appears to be using the term "Off-Ramp" instead of "Termination." FAR 52.237-3 Continuity of Services deals with how to effect "...an orderly and efficient transition to a successor..." which we believe this provision title was leading. Where does FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991) fit in this process? If this provision is more about "termination" debarment or other reasons that would negate a QIO from having or continuing to hold a contract, that can be accomplished within the existing FAR clauses. | Language has been updated. The purpose of this clause is to put contractor's on notice that if they do not receive a Task Order during the first 5 year ordering period or do not meet the expectations of the clause, they may be "off-ramped" from continuing to hold an IDIQ contract. |
| 40 | H.18 GOVERNANCE REQUIREMENTS | Subpara below A.1.7 which states: "The compliance officer handles the day-to-day operations issues that arise in the following areas: compliance, conflict of interest, ethics, program integrity and compensation and travel costs for senior executive staff and governing body members." We appreciate the need for a Governing Body. However, some of the duties of the Compliance Officer identified herein take on a role that makes them less independent and more beholding/allegiant to the company, i.e., "...handles day-to-day operations issues...compensation and travel costs for senior executive staff and government body member." Typically, the Compliance Officer reports to the Board of Directors to remain independent and unbiased. Therefore, please consider that once the By-laws are established by the Governing body and/or Board of Directors, which stipulate the compensation and travel costs for senior executive staff and governing body members, the oversight for payment, an administrative duty, can be handled by other BFCC QIO day-to-day operations staff. In order to remain independent, the Compliance Officer should not be involved in actually running the company and potentially reporting to internal operations staff. | Updated day-to-day operations to day-to-day compliance related operations. |
| 41 | H.23 POST AWARD/KICK-OFF MEETING | We are unclear as to why this SOW requirement is being called out as a special contract provision. This seems more appropriate for the SOW. Further, placing it here requires that our operations staff might have to have access to the contract document, which may have company proprietary information in it that the we might not want operations employees to have access. | This kick-off meeting is specific to the IDIQ and is not in the IDIQ SOW. |
| 42 | H.3., p 57 | Will CMS confirm that the IDIQ Executive Director may also hold a Key Personnel position on any given Task Order, for example, can the IDIQ Executive Director occupy the NCORC Project Director position? | Executive Director & Project Director can be the same individual if they meet the same position requirements and the level of effort is not greater than 1 FTE |
| 43 | H.5, p. 63 | CMS indicates that a contract "shall become and remain compliant" with security requirements yet a couple lines below this language the RFP states that contractors shall ensure security standards are met. Are organizations required to be FISMA and FedRAMP compliant when they submit their BFCC proposal in order to receive an BFCC award or can compliance be obtained prior to bidding or receiving a BFCC task order? | Offerors must be able to demonstrate that they are or can become FISMA and FedRAMP compliant when they submit their BFCC IDIQ proposal. |
| 44 | H.6 CMS Security Clause; p. 64 | Are subcontractors (Peer Reviewers) included in the new security requirements (alien status, residency requirements, PIV card)? | Yes, subcontractors are held to the same security requirements. |
| 45 | H.6.d, page 69 | This section states "At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably adjudicated." Please clarify if the offeror must have fingerprint checks performed on current employees and/or prospective hires that it intends to have staff the Task Orders. | The contractor will need to be compliant to the extent necessary to fulfill the work specific to a given task order. |
| 46 | H.8 DATA USE AGREEMENT | Where/how can we obtain the Data Use Agreement? | Please refer to CMS website for full explanation of DUA: |
https://www.cms.gov/Research-Statistics-Data-and-Systems/Files-for-Order/Data-Disclosures-Data-Agreements/Overview.html
| 47 | H.C., page 91 | Please consider adding language to permit at least one exception to the consecutive six (6) year limitation on governing body member service time. | CMS will not be revising this section. | ||
| 48 | I.2 HHSAR 352.231-70 SALARY RATE LIMITATION, page 94 | Does HHSAR 352.231-70 mean that a contractor cannot recover more than $189,600 for anyone working for the contractor, including Key Personnel? Many Key Personnel are highly compensated physicians. Does this mean that even their rates are limited to a rate commensurate with a rate associated with Rates of Basic Pay for the Executive Schedule (EX), Level II? Does this limitation apply to an hourly rate equivalent? Will a HHSAR deviation or waiver be given to allow a contractor to charge amounts in excess of the EX, Level II rate for physician reviewers? | These limitations will apply to the task orders for all types of contracts. The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with contract funds and is for direct salary. | ||
| 49 | J.1 IDIQ Statement of Work; Section C.2.2.7; p. 5 | Utilize the services of persons who are practitioners of, or specialists in, the various areas it reviews, make professional inquiries, examine pertinent records, and "inspect" facilities in support of its reviews (42 U.S.C. 1320c-3(a)(7)). Please define what "inspecting" facilities involves? | The regulatory citation is relevant to the work of a QIO and if required it will be denoted in the task order | ||
| 50 | J.1 IDIQ Statement of Work; Section C.2; p. 2 | Paragraph 4 - "…inpatient services, whether the proposed services could be effectively provided more economically on an outpatient basis or in a different type of inpatient facility. Does this statement refer to the QIO manual or CMS guidelines? | This language is part of the Social Security Act. | ||
| 51 | J.1 IDIQ Statement of Work; Section C.3.2 p. 16 | Paragraph 1, bullet 5 "additional information gathered via email, phone, video, or in-person visits". Does this refer to any data/comments/questions/information that is outside of defined deliverables? Does this make everything potentially discoverable? | Any information gathered by CMS relative to the contract and is in CMS possession is discoverable. | ||
| 52 | J.1 IDIQ Statement of Work; Section C.3.3; p.17 | Will transition of CMS equipment be incorporated into the transition in plan and will the timeline be determined by CMS or the QIO? Can the equipment from the 12th SOW be utilized in the 11th SOW to allow for more seamless transition? | No, 11th SOW equipment will not transition to the 12th SOW. As part of the 12th SOW, CMS plans a significant reduction in the distribution of Government Furnished Equipment (GFE) and circuits. The BFCC contractors will be responsible for providing necessary hardware, software and internet connectivity for the execution of daily activities. | ||
| 53 | J.1 IDIQ Statement of Work; Section C.3; Figure 2; p. 8 | Please define the Beneficiary Self-Management Support Program. | This work will be defined in a future Task Order | ||
| 54 | J.1 IDIQ Statement of Work; Section C.3; Figure 2; p. 8 | Under Beneficiary Protection, Quality Improvement Initiatives (QIIs) are listed. Is it CMS' intent to have the BFCC QIO contractors initiate a QII on all confirmed quality of care concerns? | No. This figure is intended to represent how data derived from the core functions will be used to drive interventions such as QIIs. | ||
| 55 | J.1 IDIQ Statement of Work; Section C.3; Figure 2; p. 8 | Will the BFCC QIO contractors be expected to refer any quality of care concerns to the NQIIC contractors? | Yes, details are in the draft Case Review TO | ||
| 56 | J.1 IDIQ Statement of Work; Section C.3; Figure 2; p. 8 | Under Beneficiary Protection, Focused and Intensified Reviews are listed and yet on Table 1 Task Orders, these are listed under the National Coordinating and Oversight Review Center. Can CMS provide further clarification as to which contractor will be responsible for Focused/Intensified Reviews? | All BFCC-QIO contract holders should have the ability to perform intensified/focused reviews as specified either at a national or regional TO. Details of performance of Focused/Intensified reviews are specified in the task orders. | ||
| 57 | J.1 IDIQ Statement of Work; Section C.3; Figure 2; p. 8 | The "BFCC will operate seven (7) days a week to allow for a beneficiary and family-centered care approach." Currently BFCC QIOs operate seven (7) days a week for the intake/helpline and appeals. Is it CMS' intent that all review functions operate on a seven (7) days a week model? | Yes, the intake of cases must occur 7 days a week for reviews includes but may not be limited to beneficiary appeals of provider discharges, service terminations and denials of hospital admissions | . | |
| 58 | J.1 IDIQ Statement of Work; Section C.3; p. 10 | The verbiage written in this section appears to be aimed toward the beneficiary population, particularly those in areas where gaps and/or disparities in care. Is it CMS' intent that the BFCC QIO contractor only look for area of improvement associated with the beneficiary population? Would CMS consider other areas of opportunities based upon data results, trends, etc.? | This language has been revised: BFCC-QIOs and the BFCC NCORC will use data resulting from BFCC program task orders, BFCC SC, and other CMS approved sources to identify quality improvement efforts that target specific populations (beneficiaries and providers), health care settings, communities or state(s), within the service area. | ||
| 59 | J.1 IDIQ Statement of Work; Section C.3; p. 10 | Will TOs (Regional, National) be awarded at the same time? | TOs will be awarded shortly after the IDIQ. | ||
| 60 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Table 1: After being awarded a BFCC-QIO IDIQ, can the BFCC-QIO bid on both Regional and National TOs? | Yes | ||
| 61 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Table 1: (Regional TO); will all 13 items be a separate TO? | No | ||
| 62 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Table 1: (National TO); will all seven (7) items be a separate TO? | Certain items will be separate TOs where applicable | ||
| 63 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Would CMS consider including Medicare Advantage Medicare Beneficiaries for National TOs involving Person/Patient and Family Engagement Healthcare? | Each TO will specify the specific population to be served. | ||
| 64 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Can CMS provide addition details regarding types of activities/requirements associated with Person/Patient and Family Engagement *Medication Oversight activities? | Each TO will specify the types of activities/requirements associated with Person/Patient and Family Engagement *Medication Oversight activities | ||
| 65 | J.1 IDIQ Statement of Work; Section C.3; p. 11 | Will CMS require any face-to-face contact for the National Task Order Person/Patient and Family Engagement *Healthcare Navigation Activities? | Each TO will specify the types of activities/requirements associated with Person/Patient and Family Engagement *Healthcare Navigation | ||
| 66 | J.1 IDIQ Statement of Work; Section C.3; p. 8 | Could we get an expanded definition of Knowledge Management? Can CMS provide examples or scenarios to further define this request? | Knowledge management entails getting the correct knowledge to beneficiaries and providers at the most appropriate time and increasing stakeholder awareness about the BFCC-QIO program. This work will be further defined in a future Task Order. | ||
| 67 | J.1 IDIQ Statement of Work; Section C.3; p. 8 | What is the role/scope of the BFCC-SC? | The BFCC Survey Center will perform functions including but not limited to Focus Groups, Engagement Panels and Experience Surveys. | ||
| 68 | J.1 IDIQ Statement of Work; Section C.3; p. 8 | Paragraph 3 "….operate seven (7) days a week… intake of cases shall occur seven (7) days per week… operate in more than one time zone, CMS expects staffing will cover above noted times in each time zone…" Is the expectation for 7 day a week coverage for all contracts? Or is it specific to call center and appeals? Does this apply if a quality issue or EMTALA compliant is filed? | CMS has the expectation that the QIO operate to meet contract requirements efficiently and economically to meet the case review types as stated in separate task orders. | ||
| 69 | J.1 IDIQ Statement of Work; Section C.3; p. 8, and p.11 | Will Beneficiary Focus Groups, Engagement Panels and Experience Surveys be performed by separate contractors, or will those all be completed under an entity such as the BFCC-SC for consistency and reduced burden/requests of the beneficiary? | Yes, the BFCC-SC. | ||
| 70 | J.1 IDIQ Statement of Work; Section C.3; p. 8-9 | Will Beneficiary/Stakeholder Engagement/Outreach activities be documented in QMARS? If not, where will these activities be documented? | This is related to the PFE measure, which will be available in QMARS. | ||
| 71 | J.1 IDIQ Statement of Work; Section C.3; p. 9 "Case and claim validation are conducted for the purpose of beneficiary oversight…The overall goal is to reduce improper payments by identifying and addressing coverage and coding billing errors for all provider types." | Currently the BFCC QIO does not have review responsibility for "coverage" reviews, this was changed several years ago via formal memo process. Is it CMS' intent that in the 12th SOW, the BFCC QIO contractors will once again be responsible for determining "coverage" when requested from the Medicare Administrative Contractors? | No it is not CMS' intent at this time for BFCC QIO contractors to be responsible for determining "coverage" when requested from the Medicare Administrative Contractors. | ||
| 72 | J.1 IDIQ Statement of Work; Section C.3; p. 9 "Case and claim validation are conducted for the purpose of beneficiary oversight…The overall goal is to reduce improper payments by identifying and addressing coverage and coding billing errors for all provider types. | Will CMS expand the claim validation process to include claims submitted by all provider types such as SNF, HHA, CORF, and physician offices? | Case and claim validation are conducted for the purpose of beneficiary oversight. The overall goal is to reduce improper payments by identifying and addressing coverage and coding billing errors for all provider types. This includes HWDRG, SSRs, and other claim reviews performed by BFCC-QIOs. | ||
| 73 | J.1 IDIQ Statement of Work; Section C.4.10 p. 26 | Type C References the need for CMS Authority to Operate (ATO) to store CMS data within any system outside CMS network. Does this need to be signed off prior to award or prior to IDIQ award? | No, because of the internal CMS processes, you cannot start an ATO until a contract has been awarded. | ||
| 74 | J.1 IDIQ Statement of Work; Section C.4.10; p. 25 | Is a contractor considered a Type C Application Development Organization if that contractor utilizes a contractor-owned, contractor-built software system, used only by the contractor, that stores CMS-data. | No, CMS data cannot be stored outside of the HCQIS environment without an authority to operate (ATO). | ||
| 75 | J.1 IDIQ Statement of Work; Section C.4.3.1; p. 19 | Will CMS allow contractors to install software purchased via QualityNet procurement on Contractor Furnished Equipment? For example, 3M Grouper. | No, it will exist in the QMARS environment and be automatically called from QMARS. No separate push of software is required. | ||
| 76 | J.1 IDIQ Statement of Work; Section C.4.3.1; p. 20 | The BFCC IDIQ SoW indicates that VDI will be used but within parameters including software and number of employees who utilize the system. What is considered standard software? What number of employees will be supported before CMS approval is required? | Refer to Attachment J.16 VDI Onboarding for the standard software listing. All users need a CMS approved HCQIS ID in order to have access to the system. | ||
| 77 | J.1 IDIQ Statement of Work; Section C.4.3.1; p.19 | Current hardware that is being used in the 11th SOW; what is the plan to return that and can we start phasing in new equipment during transition period? | GFE transition plans will be communicated to the incumbent awardees at the time of award. | ||
| 78 | J.1 IDIQ Statement of Work; Section C.4.3; p. 19 | Does this restrict use of corporate owned equipment? What is the expectation if CMS does not provide equipment? Does this affect the use of removal media (CD, flash/thumb drives, etc.) for transmission of data to physicians or other related entities (MAC)? | The options will be VDI or VPN are the approved solutions. CMS is migrating away from the client/server implementation for the 12th and future SOW’s and will not provide any Government Furnished Equipment. All data must remain within the confines of the HCQIS environment and may not be removed from the HCQIS environment without written permission from CMS. Space will be provided in the HCQIS environment for a personal home directory (for the individual) and a shared area for collaboration with other VDI users within the contractor’s organization. To help ensure data remains in the HCQIS environment, restrictions are in place that prevents the copying of data between the contractor’s supplied host and the HCQIS VDI environment. | ||
| 79 | J.1 IDIQ Statement of Work; Section C.4.3; p.19 | The BFCC IDIQ SoW indicates QIOs cannot undertake development of software by contractors/partners without prior approval from CMS. What is defined as "software products"? Does this include application development? | Software development and/or Commercial Off the Shelf (COTS) products would be considered “application development” if the software needs to be developed or configured to store, process or transmit CMS data. | ||
| 80 | J.1 IDIQ Statement of Work; Section C.4.3; p.19 | Does the prior approval by the ISSO to process, store, or transmit QNET info include storage of beneficiary data and provider data on the corporate network? | CMS data cannot be stored outside of the HCQIS environment without an authority to operate (ATO). | ||
| 81 | J.1 IDIQ Statement of Work; Section C.4.5; p. 22 | Annual SAT training, does this only require it to be done once a year per employee rather than at a specific time? | SAT is required for initial access to HCQIS, and then annually. | ||
| 82 | J.1 IDIQ Statement of Work; Section C.4.9; p. 22 | Will CMS mandate the use of PIVs for contractors that utilize Contractor Furnished Equipment? | The Contract will NOT require routine contractor physical access to a Federally-Controlled facility. However, the IDIQ will have access to a Federally-controlled information system (HQIS). The contract requires “Logical” access NOT “Physical” access. HSPD-12 general Federal policy where PIV is required to access federal networks. HCQIS currently does not have the capability to implement HSPD-12 at this point or by the start of the 12th SoW. Due to this limitation of the Infrastructure, there is no technical enforcement of the PIV requirements. PIVs may be required at a later time when the capabilities are enabled. | ||
| 83 | J.1 IDIQ Statement of Work; Section C.4.9; p. 22; C.5.12; p. 40 | If the use of PIVs is mandated, will CMS issue those PIVs? | The Contract will NOT require routine contractor physical access to a Federally-Controlled facility. However, the IDIQ will have access to a Federally-controlled information system (HQIS). The contract requires “Logical” access NOT “Physical” access. HSPD-12 general Federal policy where PIV is required to access federal networks. However, HCQIS does currently have the ability or capability to implement HSPD-12 at this point or by the start of the 12th SoW. Due to this limitation of the Infrastructure, there is no technical enforcement of the PIV requirements. PIVs may be required at a later time when the capabilities are enabled. | ||
| 84 | J.1 IDIQ Statement of Work; Section C.4.9; p. 22; C.5.12; p. 40 | If the use of PIVs is mandated, will PIVs be used only to access CMS systems? | The Contract will NOT require routine contractor physical access to a Federally-Controlled facility. However, the IDIQ will have access to a Federally-controlled information system (HQIS). The contract requires “Logical” access NOT “Physical” access. HSPD-12 general Federal policy where PIV is required to access federal networks. However, HCQIS does currently have the ability or capability to implement HSPD-12 at this point or by the start of the 12th SoW. Due to this limitation of the Infrastructure, there is no technical enforcement of the PIV requirements. PIVs may be required at a later time when the capabilities are enabled. | ||
| 85 | J.1 IDIQ Statement of Work; Section C.4.9; p. 22; Section C.5.12; p. 40 | Will CMS mandate the use of Personal Identification Verification Identity Cards (PIVs) for contractors that utilize Contractor Furnished Equipment? | The Contract will NOT require routine contractor physical access to a Federally-Controlled facility. However, the IDIQ will have access to a Federally-controlled information system (HQIS). The contract requires “Logical” access NOT “Physical” access. HSPD-12 general Federal policy where PIV is required to access federal networks. However, HCQIS does currently have the ability or capability to implement HSPD-12 at this point or by the start of the 12th SoW. Due to this limitation of the Infrastructure, there is no technical enforcement of the PIV requirements. PIVs may be required at a later time when the capabilities are enabled. | ||
| 86 | J.1 IDIQ Statement of Work; Section C.5.4 p. 32 | Clinical Data Abstraction Centers (CDACs) are CMS contractors that support the BFCC-QIO program. These entities provide accurate, reliable, efficient, and cost-effective clinical data abstraction to meet CMS' objectives and to provide support to the BFCC-QIOs as appropriate. Please clarify the role of CDAC's in providing case review data to QIO's. Will they provide ad hoc reports? From what data source(s)? | See NCORC task order Section 1.5 | ||
| 87 | J.1 IDIQ, C.1 to C.6, pages 1-42 | Which parts of the IDIQ SOW apply to task order 001 and which parts apply to task order 002? | Each Task Order has its own respective SOW to follow. | ||
| 88 | J.1 IDIQ, C.2.2, page 5 | C.2.2. lists functions that QIOs may be required to perform. Please confirm if Task Order 0002 includes: Function 6 "Provide a physician representative to meet several times a year with medical and administrative staff of each hospital whose services are reviewed by the organization." This function impacts the technical approach and related resource requirements. | Yes, a physician representative is the essential personnel. Physician representative can be the medical director or other physician representative of the QIO | ||
| 89 | J.1 IDIQ, C.3, page 12 | This section states that "Consultants may be utilized only upon receiving permission from the COR and the Contracting Officer." Is there a general exception for physician reviewers who are independent consultants? It would be time consuming and costly to seek approval individually for each member of the BFCC QIO's physician panel. | There is no general exception for physician reviewers who are independent consultants | ||
| 90 | J.1 IDIQ, C.3, page 8 | The document states "The intake of cases shall occur seven (7) days per week." Please clarify if this applies to all case types and not just Appeals and PFE as is required in the 11th BFCC- QIO SOW. | Yes, the intake of cases must occur 7 days a week for reviews includes but may not be limited to beneficiary appeals of provider discharges, service terminations and denials of hospital admissions. | ||
| 91 | J.1 IDIQ, C.3.1, page 14 | This section states that the BFCC-QIO will, "be required to perform an initial and at least annual environmental scan on participating practice/clinician/provider under any tasks ordered from the BFCC-QIO IDIQ contract…" addressing "participation in other models or programs". Please confirm that this activity is a survey and would therefore fall under the SOW for BFCC-Survey Contractor. | This activity is not work under the BFCC Survey Center | ||
| 92 | J.1 IDIQ, C.4.10, page 26 | "The ATO must be signed by the CMS Chief Financial Officer." Typically ATO is signed by the Chief Information Officer. Please confirm this requirement? | ATO are approved and signed by CMS Chief Information Officer | ||
| 93 | J.1 IDIQ, C.4.2, page 19 | Currently BFCC-QIO are prohibited from using Crown Web. Please explain how offeror will use Crown Web which is the data application for the ESRD ? | J.9 is a default list of HCQIS applications. Specific use of these applications will be identified in the task orders. | ||
| 94 | J.1 IDIQ, C.4.9, page 24 | The referenced link appears to be dead: http://www.cms.gov/Research-Statistics-Data-and-Systems/CMSInformation-Technology/InformationSecurity/Info-Security-Library-Items/CMS-Information-Security-Contract-Clause-Provision.html?DLPage=1&DLSort=0&DLSortDir= ascending. Please supply a corrected link. | The link has been updated to: https://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/InformationSecurity/Info-Security-Library-Items/CMS-Information-Security-Contract-Clause-Provision.html?DLPage=1&DLEntries=10&DLFilter=cla&DLSort=0&DLSortDir=ascending | ||
| 95 | J.1 IDIQ, C.5.3, page 32 | The document states "In general, Medicare Part A, B, C, and D claims data (including additional beneficiary and provider data sources) shall be available from the CMS Data Warehouse." Will the BFCC-QIO be given access to the integrated data repository? If not, how will they obtain the data? | Access to CMS data will be provided as necessary to support awarded contracts/task orders. | ||
| 96 | J.1 IDIQ, C.5.6, page 37 | This section references a role to "Conduct periodic national emergency exercises and natural disaster drills…" Does CMS intend for each IDIQ awardee to all separately, conduct periodic national exercises? Or, is the intent for Regional awardees to participate in national exercises led by a single national organization, either CMS or the BFCC NCORC? | Each BFCC-QIO should conduct their own national emergency exercises and natural disaster drills | ||
| 97 | J.1 IDIQ, C.5.9, page 39 | Please clarify if CMS intended not to include Section C.5.9. | SOW has been updated. | ||
| 98 | J.1 IDIQ, G.21, page 40-41 | Do software and/or hardware purchases charged to a contractor's indirect rates require ERB Process approval? | The HCQIS ERB process is required for any HW/SW that will sit on the HCQIS environment. | ||
| 99 | J.1 IDIQ, G.7, page 27 | G.18.C, in the 11th SOW, BFCC-QIO contract states: "Based upon this cost-type contract, prior consent is required for: 1. All cost reimbursement, time and materials, labor hour subcontracts; and, 2. Fixed price subcontracts over $150,000 or 5% of the total estimated cost of the contract. 3. 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.8; 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. 4. Consent is not required for Physician Reviewers." | |||
| Please consider changing the proposed section G.7 to the language in the 11th SOW, as stated above, in Task Order 0002 (at a minimum), or in J.1 IDIQ. The regional BFCC-QIOs have requirements for staffing physician reviewers on short notice with constrained turnaround timeframes during peak periods of volume, when a particular clinical specialty may be required. In addition, panels of physicians can run in excess of 200 physicians per area. | Language has been updated. | ||||
| 100 | J.1 IDIQ, H.13, page 79 | If an Offeror's CAS Disclosure Statement states that general purpose office equipment ("GPOE") must be allocated either directly or indirectly, how should GPOE be reflected in a cost-type proposal? What is CMS' statutory/regulatory basis for making the cost of GPOE non-allowable? | GPOE must be allocated as indirect costs in this proposal. GPOE is non-allowable as a direct charge to this contract but may be included as an indirect charge to this contract. | ||
| 101 | J.1 IDIQ, H.6.d., page 69 | Will the risk and sensitivity level designation assigned to the "overall contract" continue to be Moderate? | The HCQIS environment, system and all data that resides is at a FISMA moderate level. | ||
| 102 | J.1 IDIQ, I.2, page 94 | Will a HHSAR deviation or waiver be given to allow a contractor to charge amounts in excess of the EX, Level II rate on a case-by-case basis? | No | ||
| 103 | J.1 IDIQ, L.10, page 134 | The IDIQ document states that, "there is no business proposal for the IDIQ as there are no costs incurred at the IDIQ." The IDIQ document clearly states that offerors must name an Executive Director as required Key Personnel. Please clarify how is this position to be funded under the IDIQ requirements if there are no costs allowed? | The cost for the IDIQ key personnel can either be allocated as a percentage to the task orders or billed as an indirect cost. | ||
| 104 | J.1 SOW- C.5.11 Systems Development | The BFCC-QIO shall develop software only with prior written approval from the CMS CO, QIO Security Officer and the assigned CMS COR via the process outlined for such requests in Attachment J.8, ServiceNow CMS Asset and Procurement User Guide. The BFCC-QIO shall follow all current QualityNet Systems/Software Development Life Cycle (SDLC) procedures and rules. The software must comply with all Federal Section 508 accessibility, security and software development guidelines/standards. |
The QIO’s IQC measures must be structured to ensure that any application code being delivered to CMS, is built to meet the Federal security mandates to minimize any “High” or “Moderate” vulnerability findings when the application is subject to an independent Security Testing & Evaluation (ST&E) engagement as defined in CMS PISP - 4.15.11. Developer Security Testing (SA-11) which is can be found at https://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/InformationSecurity/Information-Security-Library.html, CMS Information Systems Security and Privacy Policy (IS2P2).
| Can CMS please clarify/confirm if this (application code….second paragraph – highlighted) is applicable if the QIO’s were to build systems for internal use only? | The SoW has been revised. This section is no longer applicable. However, systems development as it relates to other sections of the SoW must still follow all CMS Information Systems Security and Privacy Policies. As stated, no system may be utilized without the proper Authority to Operate (ATO) provided by the CMS CIO. An ATO can only be provided post award after all controls have been documented and presented per CMS Security policies and processes. | |||
| 105 | J.1. IDIQ, C.3, Page 8 | Some of the activities listed, such as development of the License Management Strategy, Configuration Management, and Change Management are typically the responsibility of the contractor’s Chief Information Officer, not the Chief Security Officer, as stated. Please confirm that the offeror can split the activities in these role between CIO and CSO, however offeror deems appropriate. | The contractor will need to be compliant to the extent necessary to fulfill the work specific to a given task order. | |
| 106 | L.9.A, pg. 132 | If an organization is applying for the BFCC QIO work, how many Task Orders can the organization be awarded? | There is no limit to the number of task orders awarded. However, for the case review task order only, it is CMS' intent to award no more than 4 regions to any one contractor. | |
| 107 | L.9, p. 167 | CMS included both a set-aside for small business as well as stringent requirements from large primes on small business subcontracting under the MIDS IDIQ and Small Business set-asides under the NCQIIC IDIQ. However, the BFCC IDIQ does not include a set-aside for Small Businesses nor does it have stringent requirements for Large Prime contractors' use of small businesses as subcontractors except in the standard Small Business Plan. Will CMS include a small business set-aside and/or a more rigorous evaluation of small business plans under this IDIQ to ensure fair competition and consistent treatment of small businesses? | Per statutory limitations, CMS cannot exclude incumbents from bidding on BFCC work and therefore cannot do a set-aside at this time. This will be re-evaluated during the ramp-on/off process to see if any small business set-asides can be done in the future. The RFP requires a small business utilization plan and will be evaluated by CMS to ensure small businesses are utilized appropriately. | |
| 108 | L.9.A GENERAL PROPOSAL INSTRUCTIONS FOR A MULTIPLE AWARD IDIQ CONTRACT AND TASK ORDERS (page 134) and L.15 TASK ORDER 0001 TECHNICAL RESPONSE (VOLUME IIA)(page 146) | Requiring an offeror to bid on task order 0001 when it may not want to perform task order 0001 work is overly burdensome and costly. Further, according to the Contract Limitation at page 50, a contractor performing task order 0001 work is precluded from performing task order 0002 work. Will CMS consider a different approach that would allow an offeror to submit a proposal just for the task order it wants to perform? For example, has CMS considered using a fictitious task order proposal in order to evaluate award of the IDIQ contract to reduce the burden on an offeror. | The NCORC Task Order is being utilized in place of a sample task order, which would also require an expense/burden of anyone bidding on the IDIQ. | |
| 109 | L.12, p. 137 | |||
| Attachment J.1. BFCC QIO SOW Section C.2.1 p. 4 | Will CMS please confirm that the only 2 Mandatory QIO Eligibility criteria for an IDIQ award are as follows: 1. Offerors shall describe and provide proof or certify that it complies with the requirements to have a governing body that includes at least one individual who is a representative of healthcare providers and at least one individual who is a representative of consumers (42 CFR 475.101(a)) or provide letters of commitment from a representative of healthcare providers and at least one individual who is a representative of consumers indicating they will be part of the organization’s governing body should it receive the BFCC-QIO IDIQ contract award. The Governing Board Letters of Commitment do not count against the page limitation for this section. |
2. Offerors…
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