75FCMC19R0023_Amendment_1.pdf

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Part A/B Medicare Administrative Contractor, Jurisdiction E
Solicitation number
75FCMC19R0023
Issued by

About this file

This document provides details for a forthcoming Medicare Administrative Contractor solicitation. The Centers for Medicare and Medicaid Services intends to issue a request for proposal to obtain a contractor to provide Medicare claims processing and payment services for Jurisdiction E, including California, Hawaii, Nevada, American Samoa, Guam, and the Northern Mariana Islands. The contractor will perform numerous functions to support healthcare services for Medicare beneficiaries, including claims-related activities and provider relationships. The anticipated solicitation release date is September 4, 2019, with a proposal due date of November 4, 2019 and anticipated award date of August 4, 2020. The contract will include a base year plus six one-year options. The solicitation seeks to award to the offeror providing the best overall value at a fair price using a tradeoff process.

Amendment 001

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75FCMC19R0023_Amendment_2.pdf PDF
Amendment_2,_Attachment_1_-_RFP_Question_Responses.xlsx XLSX spreadsheet
JE_Amendment_1_CLEAN_Attachments_UPDATED.zip ZIP file
Amendment_1,_Attachment_1_REDLINE_Backpages.pdf PDF
JE_Amendment_1_REDLINED_Attachments_UPDATED.zip ZIP file
JE_RFP_Questions_and_Responses_Amendment_1.xlsx XLSX spreadsheet
J.23 Government Provided Proposal Assumptions —
J.39 CLIN 0006 Cost Proposal Template - Option Year 2 —
J.1.G AB MAC Performance Requirements Summary.docx DOCX document
J.22 Basis of Estimate.xlsx XLSX spreadsheet
J.42 CLIN 0009 Cost Proposal Template - Option Year 3 —
J.34 CLIN 0001 Cost Proposal Template - Implementation.xlsx XLSX spreadsheet
J.1 Statement of Work —
J.40 CLIN 0007 Cost Proposal Template - Option Year 2 —
J.28 Product Accessibility Template.docx DOCX document
J.1.C Fee-For-Service Shared System Base Functions.docx DOCX document
J.5 Government Systems Provided For Use.docx DOCX document
J.46 CLIN 0013 Cost Proposal Template - Option Year 5 —
J.37 CLIN 0004 Cost Proposal Template - Option Year 1 —
J.45 CLIN 0012 Cost Proposal Template - Option Year 5 —
J.49 CLIN 0016 Cost Proposal Template - Outgoing Contractor Workload Transition Activities.xlsx XLSX spreadsheet
J.10 Contractor Business Ethics COI and Compliance Program Requirements.docx DOCX document
J.1.A List of Key Definitions.docx DOCX document
J.23.A Government Provided Proposal Assumptions Audit and Reimbursement Tables.xlsx XLSX spreadsheet
J.33 Cost Template Summary Sheet.xlsx XLSX spreadsheet
J.23.B Government Provided Proposal Assumptions CSR-Handled Telephone Inquiries Tables.docx DOCX document
75FCMC19R0023.pdf PDF
J.11 Personal Conflicts of Interest Financial Disclosure.docx DOCX document
J.2 Deliverable Schedule.docx DOCX document
J.1.D Cash Collections Worksheet For HIGLAS Users.xlsx XLSX spreadsheet
J.44 CLIN 0011 Cost Proposal Template - Option Year 4 —
J.24 Attestations.docx DOCX document
J.47 CLIN 0014 Cost Proposal Template - Option Year 6 —
J.3 Small Business Subcontracting Plan Template.docx DOCX document
J.35 CLIN 0002 Cost Proposal Template - Base Year —
J.32 Systems of Records.docx DOCX document
J.48 CLIN 0015 Cost Proposal Template - Option Year 6 —
J.7 AB MAC Award Fee Plan and Self Assessment Template.docx DOCX document
J.25 Past Performance Questionnaire.docx DOCX document
J.4 HHS Contracting Guide for Contract of Government Property.docx DOCX document
J.41 CLIN 0008 Cost Proposal Template - Option Year 3 —
J.43 CLIN 0010 Cost Proposal Template - Option Year 4 —
J.9 Non-Disclosure Statement.docx DOCX document
J.1.B List of Key Acronyms.docx DOCX document
J.36 CLIN 0003 Cost Proposal Template - Base Year —
J.38 CLIN 0005 Cost Proposal Template - Option Year 1 —
J.8 MAC Security Incident and Reportable Event Reporting and Response.docx DOCX document
J.6 Contractor Furnished Property.docx DOCX document
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75FCMC19R0023

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

AGG/LH2

Contract Specialist Lauren Holsey

MSCG - DMPC

BALTIMORE MD 21244-1850

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

CMS,OAGM,MSCG,DMPC

09/04/20190001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/04/2019

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Provide responses to questions received in response to solicitation # 75FCMC19R0023.

2. Revise Section B.6 Schedule of Supplies/Services to be consistent with new CLIN structure.

3. Revise Section F.2 Period of Performance to be consistent with new CLIN structure.

4. Revise Section J to reflect revised attachments J.36-J.49 to be consistent with new CLIN structure.

5. Revise Section L.9 to provide instructions for submitting solicitation questions regarding the revised cost template attachments and Section L.15.2 only.

6. Revise Sections L.11-L.16, M.3, M.5, and M.6 to reflect corrected section references and

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

BRENDA CLARK

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 132

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75FCMC19R0023/0001

to be consistent with the new CLIN structure.

7. Replace the following RFP attachments with updated versions: J.5, J.7, J.10, J.22, J.23, J.23A, J.24, J.33-J.49

8. Provide a clean copy, as well as a redline version, of this amended solicitation. The redline version is provided as an attachment, Amendment Attachment 1, and is specifically provided so as to provide clarity to potential offerors with respect to the amendments made to the solicitation.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

75FCMC19R0023 A/B MAC Jurisdiction E

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

B.2 CONTRACT TYPE

B.3 AWARD FEE

B.4 ESTABLISHED COST AND AWARD FEE

B.5 TASK DIRECTIVES

B.6 SCHEDULE OF SUPPLIES/SERVICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 APPROVALS BY THE CONTRACTING OFFICERREPRESENTATIVE

E.3 INSPECTION OF SERVICES – COST-REIMBURSEMENT

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

F.3 DELIVERABLES

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

G.2 PAYMENT, SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS

G.3 DISSEMINATION, PUBLICATION & DISTRIBUTION OFINFORMATION

G.4 SUBCONTRACTING REPORTING

G.5 SUBCONTRACTING PROGRAM FOR SMALL AND SMALL

DISADVANTAGED BUSINESSES

G.6 SUBCONTRACT CONSENT

G.7 SERVICE OF CONSULTANTS/ SUBCONTRACTORS

G.8 GOVERNMENT REPRESENTATIVES AND RESPONSIBLITIES (JUL 2016)

G.9 TECHNICAL DIRECTION

G.10 CONTRACT PROPERTY ADMINISTRATION

G.11 GOVERNMENT FURNISHED PROPERTY

G.12 CONTRACTOR FURNISHED PROPERTY

G.13 PAYMENTS – VOUCHERS (COST REIMBURSEMENT CONTRACT – SEPT

2018)

G.14 SEPARATION OF MEDICARE INTEGRITY PROGRAM AND PROGRAM

MANAGEMENT FUNDING

G.15 SEPARATION OF TRUST FUND EXPENDITURES/ACCOUNTING FROM

ADMINISTRATIVE EXPENDITURES/ACCOUNTING

G.16 COMPLEMENTARY CREDITS

G.17 CORRESPONDENCE PROCEDURES

G.18 DATA TO BE DELIVERED

G.19 AWARD FEE EVALUATION PLAN

G.20 INDIRECT RATES

G.21 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR

DISCS)

G.22 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

G.23 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

G.24 CONTRACTOR WORK PERFORMED OUTSIDE THE UNITED STATES AND

ITS TERRITORIES (APR 2016)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

2017)

H.2 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

H.3 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT)

H.4 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.5 WAGE DETERMINATION

H.6 INDEMNIFICATION

H.7 DISCLOSURE OF INFORMATION

H.8 PARTICIPATION IN DEMONSTRATIONS

H.9 SEPARATION OF CERTIFICATION AND DISBURSEMENT

RESPONSIBILITIES

H.10 SURETY BONDS

H.11 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – CERTIFYING OFFICER

H.12 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – DISBURSING OFFICER

H.13 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – MEDICARE

ADMINISTRATIVE CONTRACTOR

H.14 LIABILITY FOR UNCOLLECTED OVERPAYMENTS

H.15 MEDICARE RECORDS RETENTION

H.16 SECURITY INCIDENT AND REPORTABLE EVENT REPORTING

H.17 CMS SECURITY CLAUSE (APR 2016)

H.18 PRIVACY ACT ‘SYSTEMS NOTICE’

H.19 PUBLICITY

H.20 CMS INFORMATION SECURITY (APR 2013)

H.21 REPORTING CHANGES IN CONTRACTOR TEAM ARRANGEMENTS, AND

ACQUISITIONS/DIVESTITURES

H.22 OPEN GOVERNMENT PROACTIVE PREDISCLOSURENOTIFICATION (OCT

2013)

H.23 CONTRACT RENEWAL

H.24 HHSAR 352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBILITY NOTICE (DEC 2015)

SECTION I - CONTRACT CLAUSES

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

I.2 DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY

REFERENCE (JAN 2016)

I.3 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRATOR

INFORMATION SYSTEMS (JUN 2016)

I.4 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (JUL 2018)

I.5 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

I.7 FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

I.8 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.9 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITHDISABILITIES

(JUL 2014)

I.10 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

I.11 HHSAR 352.203–70 ANTI-LOBBYING (DEC 2015)

I.12 HHSAR 352.224-70 PRIVACY ACT (DEC 2015)

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

I.14 HHSAR 352.239-74 ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY (DEC 2015)

SECTION J - LIST OF ATTACHMENTS

J.1 STATEMENT OF WORK (SOW)

J.1.A LIST OF KEY DEFINITIONS

J.1.B LIST OF KEY ACRONYMS

J.1.C FEE-FOR-SERVICE SHARED SYSTEM BASE FUNCTIONS

J.1.D CASH COLLECTIONS WORKSHEET FOR HIGLAS USERS

J.1.E RESERVED

J.1.F RESERVED

J.1.G PERFORMANCE REQUIREMENTS SUMMARY

J.2 DELIVERABLE SCHEDULE

J.3 SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE

J.4 HHS CONTRACTING GUIDE FOR CONTRACT OF GOVERNMENT

PROPERTY

J.5 GOVERNMENT SYSTEMS PROVIDED FOR USE

J.6 CONTRACTOR FURNISHED PROPERTY

J.7 AWARD FEE PLAN AND SELF-ASSESSMENT TEMPLATE

J.8 MAC SECURITY INCIDENT AND REPORTABLE EVENT REPORTING AND

RESPONSE

J.9 NON DISCLOSURE STATEMENT

J.10 CONTRACTOR BUSINESS ETHICS COI AND COMPLIANCE PROGRAM

REQUIREMENTS

J.11 PERSONAL CONFLICTS OF INTEREST FINANCIAL DISCLOSURE

J.12 RESERVED

J.13 RESERVED

J.14 RESERVED

J.15 RESERVED

J.16 RESERVED

J.17 RESERVED

J.18 RESERVED

J.19 RESERVED

J.20 RESERVED

J.21 RESERVED

J.22 BASIS OF ESTIMATE

J.23 GOVERNMENT PROVIDED PROPOSAL ASSUMPTIONS

J.23.A GOVERNMENT PROVIDED PROPOSAL ASSUMPTIONS AUDIT AND

REIMBURSEMENT TABLES

J.23.B GOVERNMENT PROVIDED PROPOSAL ASSUMPTIONS CSR-HANDLED

TELEPHONE INQURIES TABLES

J.24 ATTESTATIONS*

J.25 PAST PERFORMANCE QUESTIONNAIRE*

J.26 RESERVED

J.27 RESERVED

J.28 PRODUCT ACCESSIBILITY TEMPLATE (PAT)

J.29 RESERVED

J.30 RESERVED

J.31 RESERVED

J.32 SYSTEMS OF RECORDS

J.33 COST TEMPLATE SUMMARY SHEET

J.34 CLIN 0001 COST PROPOSAL TEMPLATE – IMPLEMENTATION*

J.35 CLIN 0002 COST PROPOSAL TEMPLATE – BASE YEAR (PM, MIP, RAC)*

J.36 CLIN 0003 COST PROPOSAL TEMPLATE – OPTION YEAR 1 (PM, MIP, RAC)*

J.37 CLIN 0004 COST PROPOSAL TEMPLATE – OPTION YEAR 2 (PM, MIP, RAC)*

J.38 CLIN 0005 COST PROPOSAL TEMPLATE – OPTION YEAR 3 (PM, MIP, RAC)*

J.39 CLIN 0006 COST PROPOSAL TEMPLATE – OPTION YEAR 4 (PM, MIP, RAC)*

J.40 CLIN 0007 COST PROPOSAL TEMPLATE – OPTION YEAR 5 (PM, MIP, RAC)*

J.41 CLIN 0008 COST PROPOSAL TEMPLATE – OPTION YEAR 6 (PM, MIP, RAC)*

J.42 CLIN 0009 COST PROPOSAL TEMPLATE – OUTGOING CONTRACTOR

WORKLOAD TRANSITION ACTIVITIES CLOSEOUT*

J.43 CLIN 0010 COST PROPOSAL TEMPLATE – BASE YEAR (MPIP)*

J.44 CLIN 0011 COST PROPOSAL TEMPLATE – OPTION YEAR 1 (MPIP)*

J.45 CLIN 0012 COST PROPOSAL TEMPLATE – OPTION YEAR 2 (MPIP)*

J.46 CLIN 0013 COST PROPOSAL TEMPLATE – OPTION YEAR 3 (MPIP)*

J.47 CLIN 0014 COST PROPOSAL TEMPLATE – OPTION YEAR 4 (MPIP)*

J.48 CLIN 0015 COST PROPOSAL TEMPLATE – OPTION YEAR 5 (MPIP)*

J.49 CLIN 0016 COST PROPOSAL TEMPLATE – OPTION YEAR 6 (MPIP)*

*Note: The asterisk identifies those attachments which will not be made a part of any resultant contract.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR QUOTERS

K.1 TO BE COMPLETED BY THE OFFEROR: [THE REPRESENTATIONS AND

CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL

AUTHORIZED TO BIND THE OFFEROR]

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT

2018)

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

K.5 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.6 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (DEVIATION 2018-O0015) (MAY 2018)

K.7 FAR 52.230-7 PROPOSAL DISCLOSURE – COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 INTRODUCTION

L.2 FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATEDBY

REFERENCE (FEB 1998)

L.3 DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) PROVISIONS INCORPORATED BY REFERENCE

L.4 FAR 52.215-20, REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA, (OCT

2010), ALTERNATE IV (OCT 2010)

L.5 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

L.6 FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)

L.7 HHSAR 352.232-70, INCREMENTAL FUNDING (DEC 2015)

L.8 INTENT TO SUBMIT A PROPOSAL

L.9 SOLICITATION QUESTIONS

L.10 COMMUNICATIONS PRIOR TO CONTRACTAWARD

L.11 PROPOSAL SUBMISSION, DELIVERY AND ORGANIZATION

L.12 PROPOSAL INSTRUCTIONS: VOLUME I, ADMINISTRATIVE

REQUIREMENTS AND RESPONSIBILITY DETERMINATION

L.13 PROPOSAL INSTRUCTIONS: VOLUME II, PROPOSAL ASSUMPTIONS

L.14 PROPOSAL INSTRUCTIONS: VOLUME III, TECHNICAL PROPOSAL

INSTRUCTIONS

L.15 PROPOSAL INSTRUCTIONS: VOLUME IV, BUSINESS PROPOSAL

L.16 PROPOSAL INSTRUCTIONS: VOLUME V, CONFLICT OF INTEREST

BUSINESS ETHICS, CONFLICTS OF INTEREST AND COMPLIANCE

PROPOSAL INSTRUCTIONS

L.17 VOLUME III, TAB G, 508 COMPLIANCE AND PRODUCT ACCESSIBILITY

TEMPLATE (PAT)

L.18 SECTION 508 ACCESSIBILITY OF ELECTRONIC AND INFORMATION

TECHNOLOGY (EIT) TO FEDERAL EMPLOYEES AND THE GENERAL

PUBLIC WITHDISABILITIES

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATEDBY

REFERENCE (FEB 1998)

M.2 BEST VALUE CONTINUUM

M.3 TECHNICAL EVALUATION FACTORS (NON-COST/PRICE FACTORS)

M.4 BUSINESS PROPOSAL EVALUATION FACTOR (COST/PRICEFACTOR)

M.5 BUSINESS ETHICS, CONFLICTS OF INTEREST AND COMPLIANCE

M.6 REVIEW OFATTESTATIONS

M.7 RESPONSIBILITY DETERMINATION

M.8 SECTION 508 (NOT INCLUDED IN PAGE COUNT)

M.9 POTENTIAL EXCLUSIONS OF SOURCES (FAR 6.202)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

The purpose of this contract is to obtain a Medicare Administrative Contractor (hereinafter referred to as “the contractor” or “MAC”) to provide specified health insurance benefit administration services, including Medicare claims processing and payment services, in support of the Medicare program (also known as the Medicare fee-for-service, or FFS, program) for Jurisdiction E.

Jurisdiction E includes the following states and territories: California, Hawaii, Nevada, American Samoa, Guam, and the Northern Mariana Islands.

B.2 CONTRACT TYPE

The Centers for Medicare & Medicaid Services (CMS) anticipates awarding a Cost Reimbursement type contract. In accordance with FAR 16.102 (b) Policies, “Contracts negotiated under Part 15 may be of any type or combination of types that will promote the Government’s interest, except as restricted in this part (see 10 U.S.C. 2306(a) and 41 U.S.C. 254(a))”. The primary pricing arrangement is anticipated to be Cost-Plus-Award-Fee (CPAF).

B.3 AWARD FEE

The amount of award fee the Contractor earns, if any, will be based upon an evaluation by the Government of the contractor’s performance in accordance with the Performance Evaluation Award Fee Plan (Attachment J.7). The CMS Fee Determination Official (FDO) will determine the amount of award fee earned by the contractor for the evaluation period. The determination of the amount of the award fee for the evaluation period is a unilateral decision made solely at the discretion of the FDO. Upon receiving written notification from the FDO of the amount of award fee earned for the evaluation period, the Contractor may submit an invoice for the earned award fee. The Government may unilaterally change the Performance Evaluation Award Fee Plan at any time. However, any revisions to the evaluation factors in the Performance Evaluation Award Fee Plan shall be presented to the Contractor prior to the evaluation period in which it will be used.

The award fee evaluations will be performed on an annual basis with the actual evaluation beginning in the month immediately following the evaluation period. The award fee available for each period shall be a portion of the total award fee pool available for the entire contract period (see Section G.19).

*Note: A sample Performance Evaluation Award Fee Plan (Attachment J.7) is provided. The final Performance Evaluation Award Fee Plan will be provided at time of contract award.

B.4 ESTABLISHED COST AND AWARD FEE

The estimated cost of this contract is $TBD. The base fee is $TBD. The fixed fee is $TBD. The maximum available award fee is $TBD. Total cost plus base fee, fixed fee and award fee is $TBD.

B.5 TASK DIRECTIVES

The Contracting Officer may use individual Task Directives with specifically defined scopes and schedules to direct the contractor to perform special projects. Task Directives may also be issued to request a special administrative or user support services project. This mechanism will be used on a project-by-project basis and will be incorporated into the contract through the Changes clause (FAR 52.243-2 Alternate 1).

Task Directives issued under this contract may be fixed price or cost reimbursement. The contractor is required to establish separate cost accounts for each Task Directive issued and to segregate those costs in their vouchers.

B.6 SCHEDULE OF SUPPLIES/SERVICES

CONTRACT LINE

ITEM NUMBER

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0001 –

IMPLEMENTATION

TBD

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

CLIN 0002 – A/B MAC SERVICES BASE

YEAR OPERATIONS

0002AA

Program Management

0002AB

Medicare Integrity Program

0002AC

Recovery Audit Contractor

TOTAL CLIN 0002 –

A/B MAC SERVICES

BASE YEAR

OPERATIONS

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

CLIN 0003 – A/B MAC SERVICES

OPTION YEAR 1 OPERATIONS

0003AA

0003AB

0003AC

TOTAL CLIN 0003 –

A/B MAC SERVICES

OPTION YEAR 1

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0004 – A/B MAC SERVICES

OPTION YEAR 2 OPERATIONS

0004AA Part A

0004AB Part A

0004AC Part B

TOTAL CLIN 0004 –

OPTION YEAR 2

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

CLIN 0005 – A/B MAC SERVICES

OPTION YEAR 3 OPERATIONS

0005AA

0005AB

0005AC

TOTAL CLIN 0005 –

OPTION YEAR 3

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0006 – A/B MAC SERVICES

OPTION YEAR 4 OPERATIONS

0006AA

0006AB

0006AC

TOTAL CLIN 0006 –

OPTION YEAR 4

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0007 – A/B MAC SERVICES

OPTION YEAR 5 OPERATIONS

0007AA

0007AB

0007AC

TOTAL CLIN 0007 –

OPTION YEAR 5

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0008 – A/B MAC SERVICES

OPTION YEAR 6 OPERATIONS

0008AA

0008AB

0008AC

Recovery Audit Contactor

TOTAL CLIN 0008 –

OPTION YEAR 6

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0009 - CLOSE

OUT

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

CLIN 0010 – MPIP

BASE YEAR

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 0011 – MPIP

OPTION YEAR 1

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 00012 – MPIP

OPTION YEAR 2

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 00013 – MPIP

OPTION YEAR 3

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

CLIN 00014 – MPIP

OPTION YEAR 4

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 00015 – MPIP

OPTION YEAR 5

ESTIMATED

COST BASE FEE AWARD

FEE

FIXED

FEE

TOTAL

ESTIMATED

CPAF

EST.

COMP

TOTAL CPAF

NET COMP

CREDITS

CLIN 00016 – MPIP

OPTION YEAR 6

TOTAL A/B MAC

JURISDICTION E

*Refer to section G.16, Complementary Credits.

**Cost Plus Award Fee (CPAF) SLIN ***Cost Plus Fixed Fee (CPFF) SLIN

(END OF SECTION B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

The Statement of Work (SOW) is provided in Section J as Attachment J.1 and shall be made a part of the contract. The SOW takes precedence over the Internet Only Manuals and Paper-Based Manuals unless otherwise specified.

(END OF SECTION C)

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables required pursuant to the terms of the contract must be shipped and marked in accordance with Section F.3 Deliverables and any other requirements as set forth in Attachment J.2.

(END OF SECTION D)

SECTION E - INSPECTION AND ACCEPTANCE

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

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

https://www.acquisition.gov/far/ .

Federal Acquisition Regulation (FAR) Clauses:

52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT (APR 1984)

E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE

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

E.3 INSPECTION OF SERVICES – COST-REIMBURSEMENT

(a) All work included in 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 COR is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items required to be delivered by this contract.

(c) Inspection and acceptance of the Contractor's performance shall be in accordance with FAR

Clause 52.246-5 "Inspection of Services-Cost Reimbursement (APR1984)."

(END OF SECTION E)

https://www.acquisition.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

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

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

https://www.acquisition.gov/far/ .

Federal Acquisition Regulation (FAR) Clauses:

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The work and services hereunder shall be completed as follows:

The period of performance for completion of all work included in this contract shall be from the effective date of contract award through 12 months, plus six (6) one (1) year options as follows:

CLIN DESCRIPTION PERIOD OF PERFORMANCE

0001 Implementation Date of contract award (4 months for Part A and 6 months for Part B)* 0002 Base Period Operations 8 months for Part A and 6 months for Part B 0003 Option Year 1 Operations 12 months from exercise of option* 0004 Option Year 2 Operations

12 months from exercise of option

0005 Option Year 3 Operations

0006 Option Year 4 Operations

0007 Option Year 5 Operations

0008 Option Year 6 Operations

0009 Close-Out/Transition

Not to exceed 6 months from exercise of option** 0010 Base Period MPIP 8 months for Part A and 6 months for Part B 0011 Option Year 1 MPIP 12 months from exercise of option 0012 Option Year 2 MPIP 12 months from exercise of option 0013 Option Year 3 MPIP 12 months from exercise of option 0014 Option Year 4 MPIP 12 months from exercise of option 0015 Option Year 5 MPIP 12 months from exercise of option 0016 Option Year 6 MPIP 12 months from exercise of option

*CLIN 0001, CLIN 0002, and CLIN 0010 may be overlapping periods of performance.

**Operations CLINs (Base Year through OY6) include SLINs for Program Management (PM), Medicare Integrity Program (MIP), Recovery Audit Contract (RAC).

***This option may be exercised approximately 6 months prior to the expiration of the current year of performance.

Note: The option periods delineated above are subject to the FAR option clauses incorporated in Section I of the contract.

https://www.acquisition.gov/far/

F.3 DELIVERABLES

(a) The Deliverable Schedule is provided under Section J as Attachment J.2 and shall be made a part of this contract.

(b) The Contractor shall submit all required deliverables and reports in accordance with the attached schedule. Reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency.

(c) Except for deliverables containing Protected Health Information (PHI), deliverables shall be submitted to the Centers for Medicare & Medicaid Services Analysis Reporting and Tracking (CMS ART) system. Deliverables containing PHI, as defined in the Health Insurance Portability and Accountability Act (HIPAA), cannot be submitted in CMS ART and shall be submitted electronically using the Deliverable electronic mailbox. For deliverables containing PHI, the email shall include the deliverable title and reference number (if applicable) in the subject line. The contractor will copy the Contracting Officer’s Representative (COR) and Contract Specialist (CS) on all electronic and/or written correspondence. Once the deliverable is received, the Contractor will receive an automatic reply confirmation.

(d) For the PHI deliverables, if unable to send electronically, the contractor is to send a notice to the JE MAC Deliverable electronic mailbox (CMS JE_MAC_Deliverables@cms.hhs.gov) stating the deliverable is being mailed in hardcopy, with an expected delivery date. The contractor will mail the hardcopy of the deliverable (excluding implementation deliverables) to the COR.

(e) Hardcopy Implementation deliverables should be sent to the JE Implementation Lead. Refer to

JSM Number 10337 for further instructions.

(f) Satisfactory performance under the contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the items in the attached Deliverable Schedule (Attachment J.2). Reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency:

The following abbreviations apply to Attachment J.2:

IAW In accordance with NLT Not later than COB Close of business E Electronic copy (e-mail or diskette) H Hard copy CP Cover page COR Contracting Officer’s Representative CS Contract Specialist

Note: Additional deliverables may be assigned as part of the project planning process.

Individual projects may be released on a flow basis, as necessary by the direction of the Contracting Officer.

Addressees:

• CONTRACTING OFFICER’S REPRESENTATIVE (COR): Please refer to Section G.8, Government Representatives and Responsibilities

• CONTRACTING OFFICER (CO): Please refer to Section G.8, Government

Representatives and Responsibilities

• CONTRACT SPECIALIST (CS): Please refer to Section G.8, Government Representatives and Responsibilities

For the PHI Deliverables, the mailbox address is as follows:

Deliverables email: JE_MAC_Deliverables@cms.hhs.gov

All electronic files shall be submitted in a format that is compatible with Microsoft Office PC-based software. As this requirement is subject to change, the contractor shall be able to adapt to any new CMS standard in order to submit deliverables. Unless specifically denoted as “workday(s),” all timeframes are in calendar days, calendar weeks, calendar months, etc. after the effective date of the contract.

(END OF SECTION F)

mailto:J6_MAC_Deliverables@cms.hhs.gov

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

(To be incorporated at time of award)

G.2 PAYMENT, SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS

(a) Travel Costs (Including Foreign Travel)

The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46 Travel Costs.

(b) Per Diem

Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary for performance 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 in accordance with FAR 31.205-46(2).

(c) Cost of Materials

The cost of materials furnished or used under this contract shall be reimbursed in accordance with FAR 52.216-7 Allowable Cost and Payment (JUN 2013), Reimbursing costs for cost reimbursement contracts. Expendable material costs for items such as office supplies, report paper, etc., and tools of the trade shall be priced in accordance with the Contractor’s approved accounting practices or standards, as applicable. The Contractor shall be required to support all material costs claimed.

(d) Relocation Costs

In accordance with FAR 31.205-35, Relocation costs, either direct charged or included in the contractor's indirect cost pools, associated with an individual not completing a term of service equal to one (1) year working under this contract shall be an unallowable cost under this contract.

G.3 DISSEMINATION, PUBLICATION & 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

(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 stipulated. Some data or information, which relate to policy matters under consideration by the Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate within the government of possible policy options is not damaged.

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

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

(d) Written advance notice of at least forty-five (45) days shall be provided to the Contracting

Officer of the Contractor's desire to release findings of studies or research or data or information described above. If the Contractor disagrees with the Contracting Officer's determination, and if this disagreement cannot be settled by the Contractor and the Contracting Officer in a mutually satisfactory manner, then the issue will be settled pursuant to the FAR

52.233.1 Disputes.

(e) Any presentation of any report, statistical or analytical material based, on information obtained from this contract shall be subject to review by the COR before dissemination, publication, or distribution. Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. This does not apply to information that is requested pursuant to the Federal Freedom of Information Act

(FOIA).

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

(g) If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the COR shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR may insist that the presentation contain, in a manner of equal importance, materials, which show the government's problem with the presentation.

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

"The analyses upon which this publication is based were performed under Contract Number , entitled, A/B MAC Jurisdiction E.”

Sponsored by the Centers for Medicare & Medicaid Services, Department of Health & Human Services."

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

G.4 SUBCONTRACTING REPORTING

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 Electronic Subcontracting Reporting System Site (https://www.esrs.gov/).The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through https://www.esrs.gov/

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

G.5 SUBCONTRACTING PROGRAM FOR SMALL AND SMALL

DISADVANTAGED BUSINESSES

The contractor hereby agrees to implement the conditions of the subcontracting plan submitted and approved by the Contracting Officer for this contract. The Small Business and Small Disadvantaged Business Subcontracting Plan is hereby incorporated and made a part hereof as Attachment J.3 of this contract.

G.6 SUBCONTRACT CONSENT

(a) To facilitate the review of a proposed subcontract by the COR and the Contracting Officer, the

Contractor shall submit the information required by FAR Clause 52.244-2, Subcontracts (OCT 2010) to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the COR's recommendation and advise the Contractor of his/her decision to consent or object to the proposed subcontract, in writing.

(b) Consent is hereby given to issue the following subcontract(s): (To be completed at time of award, if applicable)

G.7 SERVICE OF CONSULTANTS/ SUBCONTRACTORS

(a) For the purposes of this contract, consultants are considered subcontractors. The Contractor shall follow the procedures established in FAR Clause 52.244-2, Subcontracts (OCT 2010).

(b) The Contractor shall be reimbursed at the rates(s) set forth below for services provided by consultants in connection with this contract:

Name Rate Per Hour Number of Hours Total Cost Not to Exceed

TBD TBD TBD

(To be completed at time of award, if applicable)

G.8 GOVERNMENT REPRESENTATIVES AND RESPONSIBLITIES (JUL 2016)

Following are the Government Representatives and their respective roles and responsibilities related to this contract:

a. Contracting Officer

As defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and in accordance with FAR 1.602-1, Authority, “Contracting officers have authority to enter into, administer, and/or terminate contracts and make related determinations and findings.” There is no other authorized representative or any other Administrative Contracting Officer assigned to this contract to carry out a Contracting Officer’s duties, except for technical direction assigned to the Contracting Officer’s Representative, if applicable.

The Contracting Officer is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management

MEDICARE SUPPORT CONTRACTS

Division of MEDICARE PROGRAM CONTRACTS ATTN: Brenda Clark 7500 Security Blvd.

Mail-stop: B2-14-21 Baltimore, MD 21244-1850

Phone: 410-786-5165 Email Address: brenda.clark@cms.hhs.gov

b. Contract Specialist

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

The Contract Specialist is:

Office of Acquisition & Grants Management

MEDICARE SUPPORT CONTRACTS

Division of MEDICARE PROGRAM CONTRACTS ATTN: Lauren Holsey 7500 Security Blvd.

Mail-stop: B2-14-21

Phone: 410-786-3746 Email Address: lauren.holsey@cms.hhs.gov

c. Contracting Officer’s Representative

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

Centers for Medicare & Medicaid Services

TBD

Division of TBD

ATTN: TBD

7500 Security Blvd.

Mail-stop: TBD

Phone: 410-786-XXXX Email Address: TBD

In accordance with FAR 1.602-2(d), Responsibilities, the COR’s delegated responsibilities are identified in the Contracting Officer’s appointment memorandum, a copy of which will be furnished to the contractor.

mailto:Amy.Duckworth@cms.hhs.gov mailto:christy.hughes@cms.hhs.gov

In the event a technical direction is issue 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.9 TECHNICAL DIRECTION

(a) Performance of the work under this contract shall be subject to the technical direction of the

COR. The term "technical direction" is defined to include, without limitation, the following:

(1) Direction to the Contractor which redirects the contract effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual SOW.

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

(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

(b) Technical direction must be within the general Scope of Work stated in the contract. The COR does not have the authority to and may not issue any technical directions which:

(1) Constitutes an assignment of additional work outside the general Scope of Work of the contract.

(2) Constitutes a change as defined in FAR clause 52.243-2 entitled "Changes - Cost

Reimbursement (AUG 1987)."

(3) In any manner causes an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance.

(4) Change any of the expressed terms, conditions, or specifications of the contract.

(c) All technical direction shall be issued in writing by the COR or if provided verbally, shall be confirmed by him/her in writing within five (5) working days after issuance.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this article and within his/her authority under the provisions of this article.

(e) If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one

(1) of the categories as defined in (l) through (4) of Section G.9 (b), above, the Contractor shall notify the Contracting Officer in accordance with FAR 52.243-2, Changes-Cost Reimbursement Alt I (APR 1984).

G.10 CONTRACT PROPERTY ADMINISTRATION

(a) Contractor agrees to furnish information regarding Government Property to the Contract

Property Administrator in the manner and to the extent required by the Contract Property Administrator, his duly designated successors, and in accordance with FAR Part 45 – GOVERNMENT PROPERTY and Appendix Q of the Department of Health & Human Services (DHHS) Contracting Guide for Contract of Government Property, (April 2009) which is provided as Attachment J.4 to this solicitation.

(b) The Contractor is responsible for an annual physical inventory accounting for all government property under this contract. The inventory must be conducted by September 30th and the Standard Form 1428 Inventory Schedule, (or other form designated by the Contract Property Administrator), submitted by October 31st of each year.

(c) The inventory report shall include all items acquired, furnished, rented or leased under the contract. Employees who conduct the inventories should not be the same individuals who maintain the property records. The contractor must complete an HHS-342, Report of Survey, for any Government Furnished Equipment/Government Furnished Property inventory damages or shortages upon the direction of the Contract Property Administrator. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Contract Property Administrator at the following address:

Office of Operations Management, Administrative Services Group Division of Printing, Mail, and Logistics Attn: TBD 7500 Security Boulevard, M/S SL-13-12 Baltimore, Maryland 21244-1850

(410) 786-XXXX

(d) Commercially leased software is subject to these reporting requirements.

(e) The Contractor shall submit a consolidated report of all accountable government property under this contract, including subcontractor inventory information.

(f) The final inventory report shall indicate that all items required for continued contract performance are acceptable and free from contamination. Property that is no longer usable or required shall be reported and disposition requested from the Contract Property Administrator at least 60 days prior to contract expiration. The final inventory report shall be submitted upon the date of contract expiration.

G.11 GOVERNMENT FURNISHED PROPERTY

Pursuant to FAR Part 45 – GOVERNMENT PROPERTY and FAR Clause 52.245-1, Government Property (APR 2012), of this contract, the Government will furnish for performance of the work required herein a list of property, which is provided under Attachment J.5 and is hereby made part of this contract.

G.12 CONTRACTOR FURNISHED PROPERTY

A list of Contractor Furnished Property is incorporated as Attachment J.6 (To be completed at time of award).

G.13 PAYMENTS – VOUCHERS - Cost Reimbursement Contracts (SEPT 2018)

a. GENERAL: The Contractor may submit to the Government a voucher or Standard

Form 1034, Public Voucher for Purchases and Services Other Than Personal, for payment in accordance with the instructions below.

b. BANKING CHANGES: The contractor shall notify CMS’ Division of Accounting

Operations of all banking and address changes made in SAM via the following email address: CCRChanges@cms.hhs.gov.

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

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

• Contractor’s DUNS Number

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

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

To…: InvoiceSubmission@cms.hhs.gov

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

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

• Contract Specialist – See G.8 above; and

• COR – See G.8 above

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

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

PLEASE DO NOT INCLUDE ANY ADDITIONAL INFORMATION

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

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

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

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

Management,

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

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

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

Reimbursement for vouchers submitted under this contract shall be made no later than 30 calendar days after receipt of an acceptable voucher from the Contractor requested at the paying office designated above. CMS will make every effort to accelerate payments to small businesses and prime contractors with small business subcontractors.

f. INTEREST ON OVERDUE PAYMENT: The Prompt Payment Act, Public Law 97-

177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of a proper voucher by the Division of Accounting Operations.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and 5 CFR 1315.

G.14 SEPARATION OF MEDICARE INTEGRITY PROGRAM AND PROGRAM

MANAGEMENT FUNDING

Funding for Medicare Integrity Program activities under Section 1893 of the Social Security Act is derived from a different source than funding for the other functions (called “Program Management functions”) which the Contractor performs pursuant to the authority of Section 1874A of the Social Security Act. Therefore, separate accounts shall be designated for Medicare Integrity Program activities and the Program Management functions which the Contractor performs pursuant to the authority of Section 1874A. The Contractor shall separately account for costs incurred to perform Medicare Integrity Program activities and its Program Management functions under this contract.

In no event shall the Contractor apply funding which is designated for Medicare Integrity Program activities to costs incurred in performing its Program Management functions authorized by Section 1874A; similarly, the Contractor shall not apply funding designated for costs incurred in performing its Program Management functions under Section 1874A to Medicare Integrity Program activities.

G.15 SEPARATION OF TRUST FUND EXPENDITURES/ACCOUNTING FROM

ADMINISTRATIVE EXPENDITURES/ACCOUNTING

Any costs which are properly chargeable by a provider of services, physician, or supplier as benefit costs in accordance with Title XVIII of the Social Security Act, its implementing regulations and this contract, shall not be chargeable to this contract as administrative costs (i.e., either Medicare Integrity Program or Program Management costs). The Contractor shall separately account for benefit payments made by it from costs incurred to perform its Medicare Integrity Program activities and its Program Management functions under this contract.

G.16 COMPLEMENTARY CREDITS

The contractor shall separately account for complementary credits and reflect the current and cumulative totals on their monthly invoice. The estimated amounts for complementary credits shall be shown as a reduction to the total costs amount (i.e. after application of any fees) within each applicable CLIN. Complementary Credits for crossover claims will be accounted for on a cash basis.

G.17 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices), submitted under this contact shall be…

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