75FCMC21R0022.pdf

75FCMC21R0022

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 76

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

05/07/2021 X

AGG - DSC

CMS,OAGM,AGG,DSC

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

BALTIMORE MD 21244-1850

1000 ES 05/31/2021

Eddie Woodard 410 Eddie.Woodard@cms.hhs.gov

786-1881

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Louis Anderson

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

5 - 7

8 - 10 14 - 22 23 - 41

42 - 45

47 - 65

66 - 73

74 - 76

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

MPurchase Estimates Workman’s Comp FY21 RFP No. 75FCMC21R0022

Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.3 CONSIDERATION AND PAYMENT

B.4 SCHEDULE FOR PAYMENT FOR FIXED PRICE

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D – PACKING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERABLES OR PERFORMANCE

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

F.2 ACCEPTANCE OF DELIVERABLES

F.3 PERIOD OF PERFORMANCE

F.4 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

SECTION G – CONTRACT ADMINISTRATION

G.1 ACCOUNTING AND APPROPRIATION DATA

G.2 PAYMENTS - INVOICES - (August 2020)

G.3 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (JUL 2016)

G.4 KEY PERSONNEL HHSAR 352.237-75 (DEC 2015)

G.5 SUBCONTRACT CONSENT

G.6 USE OF GOVERNMENT - DATA (REPORTS/FILES/COMPUTER TAPES OR

DISCS)

G.7 DATA TO BE DELIVERED

G.8 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION . 18

G.9 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

G.10 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.2 CMS INFORMATION SECURITY (APR 2013)

H.3 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.4 CMS SECURITY CLAUSE (APR 2016)

H.5 OPEN GOVERNMENT PROACTIVE PREDISCLOSURE NOTIFICATION (OCT

2013)

SECTION I - CONTRACT CLAUSES

I.1. CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

J.1 CONTRACTOR/OFFEROR CONFLICT OF INTEREST

J.2 CONTRACTOR PERSONAL CONFLICT OF INTEREST FINANCIAL

DISCLOSURE TEMPLATE

J.3 PAST PERFORMANCE QUESTIONNAIRE

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL AUTHORIZED

TO BIND THE OFFEROR.]

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

(APR 1985)

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

2017)

K.5 REPRESENTATIONS AND INSTRUCTIONS (FINANCIAL INFORMATION)

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

K.7 CERTIFICATION REGARDING RESPONSIBILITY MATTERS FAR 52.209-5

(OCT 2015)

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

2013)

K.9 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW FAR

52.209-11 (FEB 2016)

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

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

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

1999)

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

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

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

(FEB 1998)

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

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

AND SMALL BUSINESS STANDARD

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

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

L.6 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY NOTICE

HHSAR 352.239-73 (DEC 2015)

L. 7 PROPOSAL SUBMISSION INSTRUCTIONS

L.8 CONTRACTOR/OFFEROR CONFLICTS OF INTEREST PROPOSAL

SUBMISSION INSTRUCTIONS (VOLUME III)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 CLAUSES INCORPORATED BY REFERENCE

M.2 GENERAL

M.3 EVALUATION FACTORS

M.4 CONFLICT OF INTEREST EVALUATION FACTORS FOR AWARD

Purchase Estimates Workman’s Comp FY21

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The National Health Expenditure Accounts (NHEA) are estimates of health spending for the United States produced by the National Health Statistics Group (NHSG) in the Office of the Actuary. The NHEA is a matrix designed health spending account that summarizes health spending by major health service categories as well as the major sources of funding for each service category. Included in the source of funds for the NHEA are estimates for health spending under workers’ compensation programs. For purposes of more fully developing workers’ compensation data for the NHEA and evaluating the inclusion of workers’ compensation data for the SHEA, the NHSG would like to purchase a state-level database of workers’ compensation premiums and benefit expenditures.

The NHSG needs to obtain workers’ compensation premiums earned in 2020, as well as medical and cash benefits paid and incurred for injuries occurring in 2019 for each state.

The incurred cost data should include benefits paid and reserves set aside for future payments. The data will be used to construct national source of fund estimates for workers’ compensation in the NHEA.

B.2 TYPE OF CONTRACT

This is a firm fixed price (FFP) severable completion contract.

CLIN / SLIN # Description PSC Accounting Classification

Unit of Measure

Total Price Period of Performance

CLIN 0001 Base Year R499 TBD Dollars TBD 06/08/2021 – 06/07/2022

CLIN 0002 Option Year 1 R499 TBD Dollars TBD 06/08/2022 – 06/07/2023

CLIN 0003 Option Year 2 R499 TBD Dollars TBD 06/08/2023 – 06/07/2024

CLIN 0004 Option Year 3 R499 TBD Dollars TBD 06/08/2024 – 06/07/2025

CLIN 0005 Option Year 4 R499 TBD Dollars TBD 06/08/2025 – 06/07/2026

B.3 CONSIDERATION AND PAYMENT

A. The total firm fixed price for this contract is $ TBD.

B. The total firm fixed price for the base year is $TBD.

C. The total firm fixed price for Option Year 1 is $TBD.

D. The total firm fixed price for Option Year 2 is $TBD.

E. The total firm fixed price for Option Year 3 is $TBD.

F. The total firm fixed price for Option Year 4 is $TBD.

Monthly invoices shall be submitted in accordance with contract Section G.2.

G. Table of Total Estimated Firm Fixed Price

The Contractor shall provide the necessary personnel, materials, services, facilities and supplies (except as may be otherwise specified in the contract) and otherwise do all things necessary for, or incident to, the performance of the work as set forth in Section C. In consideration of successful contract performance, based on the evaluation criteria set forth in Section C, the Contractor will be paid as stated in B.4, Schedule for Payment for Fixed Price.

B.4 SCHEDULE FOR PAYMENT FOR FIXED PRICE

The Government shall pay the Contractor for performing this contract the fixed price specified in the schedule below. Payment of the fixed price will be made in accordance with the schedule provided below:

Base Year (CLIN 0001)

Month Payment Total

1-11 TBD TBD

12 TBD TBD

Total TBD

Option Year 1 (CLIN 0002)

1-11 TBD TBD

Option Year 2 (CLIN 0003)

1-11 TBD TBD

Option Year 3 (CLIN 0004)

1-11 TBD TBD

Option Year 4 (CLIN 0005)

1-11 TBD TBD

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Request to Purchase Estimates of Workers’ Compensation Costs

I. Background

The National Health Expenditure Accounts (NHEA) are estimates of health spending for the United States produced by the National Health Statistics Group (NHSG) in the Office of the Actuary. The NHEA is a matrix designed health spending account that summarizes health spending by major health service categories as well as the major sources of funding for each service category. Included in the source of funds for the NHEA are estimates for health spending under workers’ compensation programs. For purposes of more fully developing workers’ compensation data for the NHEA and evaluating the inclusion of workers’ compensation data for the SHEA, the NHSG would like to purchase a state-level database of workers’ compensation premiums and benefit expenditures.

II. Project Objectives

The NHSG needs to obtain workers’ compensation premiums earned in 2020, as well as medical and cash benefits paid and incurred for injuries occurring in 2019 for each state.

The incurred cost data should include benefits paid and reserves set aside for future payments. The data will be used to construct national source of fund estimates for workers’ compensation in the NHEA.

III. Scope of Work

The contractor will deliver a PC-based database file to the NHSG by June 18, 2021. The file must include state-level estimates of workers’ compensation premiums and cash and medical claims paid and incurred for all 50 states in 2019. The database file must contain comprehensive estimates of workers’ compensation costs for each state by type of insurer including private carriers, state funds, federal programs, and self-insurers. The file must also contain estimates of the number of workers receiving workers’ compensation benefits in each state, as well as the cost per covered employee and per $100 of worker payroll.

The contractor will provide a report detailing all methods used in generating the data, any idiosyncrasies in the data, and an assessment of trends in the medical costs related to workers’ compensation. The contractor will also be responsible for providing all personnel, materials, supplies, and services required to support the development of the data file and will utilize software that allows for easy data retrieval by the government.

Section 508 Compliance

The deliverables shall comply with the ICT Accessibility Requirements Statement per the Revised Section 508 of the Rehabilitation Act.

Electronic Content

Technical Criteria:

• E205.1 General -

Electronic content shall comply with E205.

Functional Performance Criteria:

•301.1 Scope - The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

•302.1 Without Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

•302.2 With Limited Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

•302.3 Without Perception of Color - Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

•302.4 Without Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

•302.5 With Limited Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

•302.6 Without Speech - Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

•302.7 With Limited Manipulation - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

•302.8 With Limited Reach and Strength - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

•302.9 With Limited Language, Cognitive, and Learning Abilities - ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

SECTION D – PACKING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables required under this contract shall be shipped and marked in accordance with contract Section F.1 (Deliverables), the Statement of Work Schedule of Deliverables, and any additional requirements set forth in individual task. All deliverables must meet the applicable 508 standard identified in Section I for electronic submission of documentation.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

Federal Acquisition Regulation (FAR) Clauses:

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

E.2 INSPECTION AND ACCEPTANCE

a. All work under this contract is subject to inspection and final acceptance by the CO 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 to be delivered under this contract.

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

SECTION F – DELIVERABLES OR PERFORMANCE

F.1 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.

52.242-15 STOP WORK ORDER (AUG 1989) ALT. 1 (APR 1984)

F.2 ACCEPTANCE OF DELIVERABLES

All required contract deliverables shall be reviewed by the COR to determine acceptance. The COR will respond, in writing, within 60 days of receipt of any contract deliverable indicating if final acceptance has been granted. If deficiencies in Contractor’s deliverable are identified, the COR shall provide feedback to the Contractor prior to the 60-day timeframe for final acceptance. If the Contractor does not receive a written indication from the COR within the 60 days, then the Contractor shall consider the deliverable to be accepted. The Contractor is responsible for ensuring the COR is in receipt of the deliverables. Receipt can be acknowledged in any form of writing (mail or electronic). The 60-day timeframe begins on receipt of deliverable, not acknowledgment of receipt.

F.3 PERIOD OF PERFORMANCE

The estimated base period of performance of this contract is June 8, 2021 through June 7, 2022.

This contract includes the following estimated Option Periods:

Option Year I: June 8, 2022 through June 7, 2023

Option Year II: June 8, 2023 through June 7, 2024 Option Year III: June 8, 2024 through June 7, 2025 Option Year IV: June 8, 2025 through June 7, 2026

F.4 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

The Contractor shall submit all required reports and deliverables in accordance with the following schedule. Reports and/or deliverables submitted under the contract shall be in accordance with the SOW. Please see Section C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION G – CONTRACT ADMINISTRATION

G.1 ACCOUNTING AND APPROPRIATION DATA

Appropriation Object Class

Requisition Number

CLIN CAN Amount Accounting Commitment Number

G.2 PAYMENTS - INVOICES - (August 2020)

a. GENERAL: Effective August 31, 2020, the contractor/vendor shall create an invoice within the Invoice Processing Platform (IPP), a secure Web-based service for federal agencies and their vendors to manage government invoicing from purchase order (PO) through payment notification. Note: All invoice terms and conditions are contract specific and may vary from contract to contract.

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

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

• Contractor’s DUNS Number;

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

• Attachments

d. INVOICE SUBMISSION: The contractor/vendor shall create an invoice from the Purchase Order (PO)/Contract via the IPP website http://www.ipp.gov/. For questions, call IPP Customer Support at (866) 973-3131 or email the IPP Customer Support at IPPCustomerSupport@fiscal.treasury.gov.

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

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

• FAR 52.232-1 Payments

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

• FAR 52.216-7 Allowable Cost and Payment

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

Contracts

G.3 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (JUL 2016)

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

a. Contracting Officer

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

The Contracting Officer is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Division of Support Contracts ATTN: Louis Anderson 7500 Security Blvd.

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

Phone: 410-786-5564 Email Address: Louis.Anderson@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 Division of Support Contracts ATTN: Eddie Woodard 7500 Security Blvd.

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

Phone: 410-786-1881 Email Address: Eddie.Woodard@cms.hhs.gov mailto:Louis.Anderson@cms.hhs.gov mailto:Eddie.Woodard@cms.hhs.gov

c. Contracting Officer’s Representative

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

The Office of the Actuary National Health Statistics Group ATTN: Joseph Benson 7500 Security Blvd.

Mail Stop: N3-02-02 Baltimore, MD 21244-1850

Phone: 410-786-4166 Email Address: Joseph.Benson@cms.hhs.gov

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

Technical direction must be within the general scope of the work stated in the contract. The term "technical direction" is defined to include, without limitation, the following:

(1) Directions to the Contractor which direct the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual technical requirements as identified in the Statement of Work or Performance Work Statement; or

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

The COR does not have the authority to:

1. Make changes to contract terms and conditions;

2. Direct the contractor to perform work or make deliveries not specifically required under the contract;

3. Waive or relax the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract;

4. Make any commitments or approve any actions that would create any financial obligation on the part of the Government; or

5. Issue direction that constitutes a “change” as defined in:

FAR 52.243-1, Changes – Fixed Price;

FAR 52.243-2, Changes – Cost Reimbursement;

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

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

mailto:Joseph.Benson@cms.hhs.gov

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.4 KEY PERSONNEL HHSAR 352.237-75 (DEC 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than 30 days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

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

NAME LABOR CATEGORY

TBD TBD

G.5 SUBCONTRACT CONSENT

(a) For the purposes of this task order, consultants are considered subcontractors.

(b) To facilitate the review of a proposed subcontract by the Contracting Officers Representative and the Contracting Officer, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCT 2010) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the Contracting Officers Representative's recommendation and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

(c) Consent is hereby granted to the following subcontracts for the:

1. TBD

G.6 USE OF GOVERNMENT - DATA (REPORTS/FILES/COMPUTER TAPES OR

DISCS)

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

b. Upon the request of the Contracting Officer, or the expiration date of this contract, whichever shall come first, the Contractor shall return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the data be retained by the Contractor for a specific period of time, which period shall be subject to agreement by the Contractor. Whether the data are to be returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the Contractor may refuse to retain the data.

The Contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the Contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.

G.7 DATA TO BE DELIVERED

a. Any working papers, interim reports, data given by the government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer.

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

G.8 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

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

b. Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings which could create erroneous conclusions are not stimulated. Also, some data or information, which relate to policy matters under consideration by the Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate, within the government, of possible policy options is not damaged.

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

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

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

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

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

f. The COR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending material is removed or until the 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 funding, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgement substantially, as follows:

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

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

G.9 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

The Contractor shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov/portal/public/SAM/.

After reviewing the SAM database information, the contractor shall verify (by submission of their proposal) that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this contract (including the business size standard applicable to the NAICS code referenced for this contract), as of the date of this contract and are incorporated in this contract by reference.

G.10 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

a. General:

In accordance with Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS), the Government wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate. CPARS is a secure Internet website located at https://www.cpars.gov.

b. CPARS Process:

1. CPARS Training: Contractors may obtain CPARS training material and register for on-line training https://www.cpars.gov.

2. Post-Award Contract Registration: CMS is responsible for registering the contract in

CPARS within 30 calendar days of contract award. The Contractor shall:

i. Designate at least one (1) point of contact that will be responsible for serving as the Contractor’s Representative (CR). Additional CRs may also be identified; and,

ii. Provide the CMS Contract Specialist with the name(s) and email address(es) of the CPARS point(s) of contact.

Once CMS registers the contract in CPARS, the CR(s) will receive an automated CPARS email message that contains User IDs and instructions for creating a password for future past performance evaluation processing.

3. Interim, Annual and Final Past Performance Evaluation Reports:

a. Issuing the Evaluation: Once the CMS Assessing Official (AO) issues an evaluation to the Contractor in CPARS, the CR(s) will receive an email instructing them to login to CPARS to review the evaluation.

b. Contractor Comments: The CR has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO. The CR has a total of 60 days following the AO’s evaluation https://www.sam.gov/portal/public/SAM/ https://www.cpars.gov/ https://www.cpars.gov/ signature date to submit comments. If the CR submits comments within the first 14 days following the AO’s signature date and the AO closes the evaluation, the evaluation will become available in Past Performance Information Retrieval System - Report Card (PPIRS-RC) within 1 day.

On day 15 following the AO’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without CR comments and whether or not it has been closed by the AO. If no CR comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC.

If the CR sends comments at any time prior to 61 days following the AO’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the AO’s evaluation signature date, the CR will be “locked out” of the evaluation and may no longer send comments

G.11 Contractor Work Performed Outside the United States and its Territories (January 2021)

To comply with requirements of Homeland Security Presidential Directive -12 (HSPD-12) and Personal Identity Verification (PIV) of Federal Employees and Contractors, CMS must achieve appropriate security assurance for multiple CMS information systems by efficiently verifying the claimed identity of individuals working on the contract. The Contractor and its subcontractor(s) shall not perform any activities under this contract, including the transmission of data or other information, outside of the United States (U.S.) and its Territories without the prior written approval of the Contracting Officer. If work must be performed outside the U.S., the Contractor shall submit a request to the Contracting Officer, in writing, at least 45 calendar days prior to the work beginning.

The Contracting Officer will consider the following factors in making a decision whether to authorize the performance of work outside the U.S. and its Territories:

1. The necessity of the work to be performed outside the United States and its territories;

2. The Statement of Work under contract that will be performed outside the U.S. and its Territories;

3. Total projected dollar value of the work to be performed outside the U.S.;

4. Total projected number of labor hours and length of time to be performed for each individual employee working outside the U.S.;

5. The desired country/location where the work will be performed;

6. FAR Part 25, Foreign Acquisitions, and all other laws and regulations applicable to the performance of work outside the U.S.;

7. The contractor and/or its subcontractor(s) plans to adequately protect and secure

CMS data, as well as abide by all applicable laws and regulations when work is performed outside of the U.S. and its Territories. Plans shall include -

a. Adequate contract terms regarding system security;

b. Adequate contract terms regarding the confidentiality and privacy requirements for information and data protection;

c. Adequate contract terms that are otherwise relevant, including the requirements of the Statement of Work;

d. The Contractor’s corporate compliance plan and internal policies and procedures designed to prevent and detect violations of applicable law, regulations, rules and ethical standards by employees, agents and others; and,

8. The necessity of Government Furnished Equipment (GFE) or Contractor Owned/Contractor Operated (COCO) devices to be used outside the U.S. and verification of a secure VPN access.

9. Compliance with Executive Order 13940 Aligning Federal Contracting and Hiring Practices With the Interests of American Workers. Determine if approval will reduce opportunities for the United States contractor workers performing in the United States and if this would cause any potential effects to national security.

10. Conformance with Section 889 “Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment”, of Public Law 115-232.

11. Determination that approval is in best interest of the Government.

The Contractor’s request for authorization to perform work outside the U.S.

shall include supplemental information to demonstrate that the performance of the work outside the U.S. satisfies all of the above factors. Contracting Officer approval to perform work outside the U.S. may require additional Statement of Work requirements, additional contract terms and conditions and/or Federal Acquisition Regulation (FAR) clauses to be incorporated into the contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - CONFLICT OF INTEREST (OCT 2020)

a. General: The contractor and the services provided under this contract shall be free, to the greatest extent possible, of all Organizational and Personal Conflicts of Interest. Consistent with these terms and conditions, all references to Organizational and/or Personal Conflicts of Interests will be referred to individually or collectively, as Conflicts of Interest (COI). Except as defined by these terms and conditions and in accordance with FAR 9.503, the Contracting Officer shall not maintain a contract with a contractor the Contracting Officer (CO) determines has, or has the potential for, an unresolved COI.

b. Definitions:

Actual COI– The COI is either currently in existence as determined by the contractor or CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to CMS.

Affiliates –Associated business concerns or individual(s) if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both.

Apparent (Perceived) COI – The COI on first observation appears to be an actual or potential COI, but may or may not be after analysis.

Avoidance – To prevent the occurrence of a COI through actions such as exclusion of sources or modification of requirements. Avoidance precludes the conflict.

Contractor – The term contractor is used synonymously with offeror.

Financial Relationships – A direct or indirect ownership or investment interest (including a stock option or non-vested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest.

Mitigation– To reduce the effects of a COI to an acceptable level of risk so that the Government’s interest with regard to fair competition and/or contract performance are not impaired. The conflict remains but action was taken that minimizes the impact of the conflict to an acceptable level of risk.

Mitigation Plan – The contractor’s written approach to mitigating a COI as documented in J.1 Section B.4.

Neutralization – To counteract, through a specific action, the effects of potential or actual COI. The conflict remains, but the impact of the conflict has been negated.

Organizational Conflict of Interest – Occurs when other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

Personal Conflicts of Interest – A situation in which a person has a financial interest, personal activity, or relationship that could impair the person’s ability to act impartially and in the best interest of the Government when performing under this contract.

Potential COI – A future situation or circumstance that would create a conflict of interest.

Three (3) Types of COIs include:

Conflict Types Definitions

Biased Ground Rules

Consists of situations where a contractor and/or its affiliate(s), as part of its performance of a Government contract, has helped (or is in a position to help) set the ground rules for another Government contract by, for example, writing the statement of work or the specifications, or establishing source-selection criteria. In these “biased ground rules” cases, the primary concern is that the entity could skew the competition, whether intentionally or not, in favor of itself and/or its affiliates.

Impaired Objectivity

Consists of situations where a contractor and/or its affiliate(s) has an interest (typically financial) that may conflict with the interest of the Government to whom the contractor has a contractual obligation, and where the entity’s work under the Government contract could give the contractor the opportunity to benefit its other business interests. If the entity is providing recommendations, judgment or advice, and its other business interests could be affected by that recommendation, judgment or advice, it’s objectivity may be impaired. An example is where the entity was evaluating itself or evaluating an affiliate or a competitor, either through an assessment of performance under another contract or an evaluation of proposals.

Unequal Access to Information

“Unfair” access to non-public information – Consists of situations where a contractor and/or its affiliate(s) has access to nonpublic information (including proprietary information and non-public source-selection information) as part of its performance of a Government contract and that information may provide the entity with a competitive advantage in a later competition for a Government contract. In these “unequal access to information” cases, the concern is limited to the risk of the contractor and/or its affiliates gaining an unfair competitive advantage; there is no issue of bias. Note: Incumbency alone does not constitute “unequal access to information.”

c. Significant Potential Conflict of Interest:

1. Nature of Conflict: Although not all inclusive, the following are considered to be an actual, potential or apparent COI with the work to be performed under this contract. The contractor shall promptly notify the CO if it is an entity, or affiliated with an entity, where any of the following circumstances exist:

a) Biased Ground rules, impaired objectivity or unequal access to information as explained in the definitions above and/or;

b) Within the three types of conflicts of interest, the CO has identified the following specific circumstances of conflicts:

2. Proposed Restraint on Future Contractor Activities: CMS is proposing to restrain future contractor activities as follows: N/A

d. Conflict of Interest Oversight and Mitigation Plan:

1. Conflict of Interest Oversight Program: The contractor shall maintain an effective COI Oversight Program throughout the performance of the contract which includes procedures to monitor and disclose all Organizational and Personal Conflicts of Interest. A COI oversight program should include the monitoring of personal conflicts of interest such as, but not limited to:

a) Managers or Key Personnel who would be, or are involved with, the performance of this contract;

b) Governing Body Members (e.g., Board of Directors; Trustees); and

c) Principals of the organization as defined by FAR 52.203-13, Contractor

Code of Business Ethics and Conduct.

2. Mitigation Plan: At any time during the performance of the contract if an actual, potential, or apparent COI is identified whether by the CO, the contractor or otherwise, the contractor shall submit a mitigation plan (J.x Contractor/Offeror COI Submission Template) within 30 days unless otherwise specified by the CO. It is the contractor’s responsibility under the terms and conditions to provide timely notification to the CO those COIs that are self-identified. The CO will notify the contractor regarding the specifics for submission. The Government will review the submission at which time a determination will be made whether a COI has been satisfactorily mitigated or if further action is necessary and will notify the contractor accordingly. In cases where a COI cannot be, or has not been, mitigated to the Government’s satisfaction, the Government may take the following actions (this list is not all inclusive):

a) Request a waiver in accordance with FAR 9.503 Waiver, from the Head of the Contracting Activity;

b) Make changes to the requirements of the contract;

c) Require a subcontractor change (if the conflict lies with the subcontractor); and/or

d) Terminate the contract in whole or in part.

e. Subcontractor Flow-Down Terms and Conditions: The prime contractor is responsible for avoiding, neutralizing and mitigating all actual, potential, or apparent COIs of its subcontractors, in accordance with these terms and conditions. Therefore, the prime contractor shall flow-down terms and conditions H.1 Conflict of Interest, of this contract in all subcontracts. For subcontractors, wherever the term “contractor” is used, insert “subcontractor.”

H.2 CMS INFORMATION SECURITY (APR 2013)

All CMS information shall be protected from unauthorized access, use, disclosure, duplication, modification, diversion, or destruction, whether accidental or intentional, in order to maintain the security, confidentiality, integrity, and availability of such information.

Therefore, if this contract requires the contractor to provide services (both commercial and non-commercial) for Federal Information/Data, to include any of the following requirements:

• Process any Information/Data; or

• Store any Information/Data (includes “Cloud” computing services); or

• Facilitate the transport of Information/Data; or

• Host/maintain Information/Data (including software and/or infrastructure developer/maintainers); or

• Have access to, or use of, Personally Identifiable Information (PII), including instances of remote access to, or physical removal of, such information beyond agency premises or control, The contractor shall become and remain compliant with the requirements set forth at the CMS Information Security website at https://www.cms.gov/Research-Statistics-Data-and- Systems/CMS-Information-Technology/InformationSecurity/Info-Security-Library-Items/CMS- Information-Security-Contract-Clause-Provision.html. The requirements cover all CMS contracts and associated deliverables, which are required on a “per contractor” basis.

The contractor shall ensure that the following Federal information security standards are met for all of its CMS contracts:

• Federal Information Security Management Act (FISMA) – FISMA information can be found at http://csrc.nist.gov/groups/SMA/fisma/index.html. FISMA requires each Federal agency to develop, document, and implement an agency-wide program to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source; and,

• Federal Risk and Authorization Management Program (FedRAMP) – FedRAMP information can be found at http://www.gsa.gov/portal/category/102371. The FedRAMP is a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services.

The Contractor shall include in all awarded subcontracts the FISMA/FedRAMP compliance requirements set forth at the CMS Information Security website at https://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information- Technology/InformationSecurity/Info-Security-Library-Items/CMS-Information-Security- Contract-Clause-Provision.html..

H.3 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

All Protected Health Information (PHI), as defined in 45 C.F.R. §160.103, that is relevant to this Contract, shall be administered in accordance…