Attchment 1 FACA Panel Support SOW.pdf

Statement of Work 04.09.2026

Statement of Work

Verbatim FACA Panel Transcripts, Meeting Reports, and Recommendations Summary Preparation Services

I. Objective

The goal of this procurement is to ensure accurate and timely technical document preparation services of verbatim transcripts, lists of recommendations, and meeting reports for two congressionally mandated advisory panels: the Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests (CDLT) and the Medicare Advisory Panel on Hospital Outpatient Payment

(HOP).

II. Background

The Center for Medicare (CM) is charged with staffing two congressionally mandated advisory panels that advise the Secretary, Department of Health and Human Services, and the Administrator, Centers for Medicare & Medicaid Services (CMS): the Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests (CDLT) and the Advisory Panel on Hospital Outpatient Payment (HOP).

1. The Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests (CDLT)

The Medicare Advisory Panel on Clinical Diagnostic Laboratory Tests (CDLT)1 is authorized by section 1834A(f)(1) of the Social Security Act (the Act). The law requires the Secretary of Health and Human Services to consult with an outside panel of experts on issues related to clinical diagnostic laboratory tests (CDLTs). The Panel is made up of individuals with relevant expertise, such as molecular pathologists, researchers, laboratory scientists, and health economists. These experts have experience in developing, validating, performing, and applying laboratory tests.

The CDLT Panel provides advice and recommendations to the Secretary of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services (CMS) on:

• How Medicare should set payment rates for new clinical diagnostic laboratory tests

(CDLTs), including whether to use “crosswalking” (comparing to similar existing tests) or “gapfilling” (developing a price based on specific factors).

• The factors used to determine coverage and payment processes for new laboratory tests.

• Other aspects of the Medicare payment system for clinical diagnostic laboratory tests.

1 Centers for Medicare and Medicaid Services, “Clinical Diagnostic Laboratory Test Panel”, https://www.cms.gov/medicare/regulations-guidance/advisory-committees/panel-clinical-diagnostic-laboratory-tests-past-meeting-agendas-federal-registrar-notices>

Each year, the CDLT Panel may hold up to four (4) public meetings to discuss and consider payment methodology for new and significantly revised Healthcare Common Procedure Coding System (HCPCS) codes being considered for Medicare payment under the CLFS for the next calendar year. During the meeting, members of the public may provide comments.

The Panel may also ask questions about presentations that were previously submitted during another public meeting, the Clinical Laboratory Fee Schedule (CLFS) Annual Laboratory Public Meeting2, held earlier in the year. The discussion takes place in an open forum that includes both Panel members and the public. By the end of the meeting, the Panel finalizes its recommendations for the laboratory tests discussed.

2. The Medicare Advisory Panel on Hospital Outpatient Payment (HOP)

The Medicare Advisory Panel on Hospital Outpatient Payments (HOP) 3 is authorized by section 1833(t)(9)(A) of the Social Security Act and section 222 of the Public Health Service Act. The law requires the Secretary of Health and Human Services to consult with an outside panel of experts composed of technical experts that serve as representatives of hospitals, hospital systems, and Medicare providers.

The HOP Panel provides advice and recommendations to the Secretary of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services (CMS) on:

• The clinical integrity of the Ambulatory Payment Classification (APC) groups and their associated weights, which are major elements of the Medicare Hospital Outpatient Prospective Payment System (OPPS), and the Ambulatory Surgical Center (ASC) payment system.

• Using claims and cost report data for CMS's determination of APC group costs.

• Reviewing packaging the cost of items and services, including drugs and devices, into procedures and services, including the methodology for packaging and the impact of packaging the cost of those items and services on APC group structure and payment.

• The appropriate supervision level for hospital outpatient services.

Each year, the HOP Panel may hold up to three (3) public meetings to discuss the issues listed above. The meeting consists of public presentations, followed by questions and comments from the Panelists and the public. At the end of the meeting, the Panel finalizes its

2 Centers for Medicare and Medicaid Services, “Clinical Laboratory Fee Schedule Annual Meeting”, https://www.cms.gov/medicare/payment/fee-schedules/clinical-laboratory-fee-schedule-clfs/annual-public-meetings> 3 Centers for Medicare and Medicaid Services, Hospital Outpatient Payment (HOP), https://www.cms.gov/medicare/regulations-guidance/advisory-committees/hospital-outpatient-payment recommendations in response to the public’s presentations.

3. Federal Advisory Committee Act (FACA) Panel Governance

The Panels operate under the rules that govern federal advisory committees. They are subject to the Federal Advisory Committee Act (FACA), as amended (FACA; 5 U.S.C. Chapter 10) which sets forth standards for the formation and use of advisory panels.

Each panel has a Designated Federal Officer (DFO) and a Chair. The DFO is the federal employee designated for each advisory committee to implement the provisions of FACA sections 10(e) and (f). The DFO approves committee meeting agendas, attends all committee meetings, and liaises with the Contractor. The Chair facilitates the Panel meetings and may request at any point in the meeting that the Contractor provide the recommendations made during the meetings.

The records of the Panels are managed in accordance with General Records Schedule 6.2.

Item 2, or other approved Agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act

(FOIA), 5 U.S.C. 552.

CM is required to maintain a verbatim transcript of each Panel meeting4. Due to the public’s interest in Panel proceedings and any recommendations from the Panels, it is also necessary to have a report for each meeting along with a separate, concise list of the Panels’ recommendations. We require a quick turnaround time for the reports because Panel members’ comments are taken into consideration as CM prepares proposed and final rulemaking on hospital outpatient and clinical laboratory issues.

III. Requirements

1. Personnel and Required Skills

The Panel meetings often cover lively, rapid-paced discussions of a copious amount of alpha-numeric terminology in quick succession. Panelists and presenters often use a mix of legal, medical, and government industry-specific terminology in a conversational style.

While there has been advancement in automated, technological support for basic meeting transcription, human proofreading remains the critical "gold standard" for AI-generated transcripts, particularly when accuracy and quick turnaround timing are non-negotiable. Our research indicates that this work requires high-accuracy human transcription, or at the least human-in-the-loop verification.

4 41 C.F.R. § 102-3.165: https://www.ecfr.gov/current/title-41/section-102-3.165 https://uscode.house.gov/view.xhtml?path=/prelim@title5/part1/chapter10&edition=prelim

The contractor is required to ensure that a verbatim transcript is kept for each meeting. CMS can provide the contractor with access to the virtual platforms’ (Zoom, Teams, etc.) provided transcription.

Should the contractor choose to utilize human-only transcriptionist services, a transcriptionist is required for this contract. The transcriptionist must have at least two years of experience accurately transcribing and reporting on public meetings involving Medicare/Medical terminology and acronyms.

Should the contractor choose to include additional software or technology into their workflow, the contractor will confirm compliance with CMS CIO directives.

Since the topics discussed concern proposed changes to both the Outpatient Prospective Payment System (OPPS) and the Clinical Laboratory Fee Schedule, the contractor must provide personnel that possess an expert understanding of medical terminology and familiarity with related CM program topics.

2. This contract includes four core tasks across both the HOP and CDLT Panels.

• Task 1 – Verbatim Transcript for the Meeting

• Task 2 – Report for the Meeting

• Task 3 – Daily Recommendations for the Meeting

• Task 3.1. – Cumulative Recommendations for the Meeting

• Task 4 – Meeting Related Support Documents

Task 1 – Verbatim Transcript for the Meeting/Conference

CMS is required under FACA to maintain a verbatim transcript of each Panel meeting.

The transcript should follow the requirements stipulated in accordance with the statutory requirements of statutorily required FACA Panels.

The draft verbatim transcript is due by 10 a.m. within 7 business days after the meeting adjourns.

The final verbatim transcript is due by 10 a.m. within 10 business days after the meeting adjourns.

Task 2 – Report for the Meeting

The meeting report shall reflect the time, date and place of the meeting; and accurate summary of each matter that was discussed and each conclusion reached.

In addition, the meeting report shall include a list of advisory committee members and staff and full-time Federal employees who attended the meeting; a list of members of the public who presented oral or written statements; and an estimated number of members of the public who were present at the meeting.

The meeting report shall include the agenda, Panel roster, and attendance sheet in the appendix.

The meeting report is due by 10 a.m. on the fourth business day following the final day of each meeting.

Task 3 – Daily Recommendations for the Meeting

The contractor is required to keep a real time list of all recommendations made by the Panel over the course of the day.

The contractor is required to present these recommendations at the request of the panel in real time.

CMS has no preference as to how this information is conveyed, for example, it can be verbally by the contractor or it can be done via a search of the recommendations made up to the request point in the panel meeting by the DFO.

Recommendations should include the referenced HCPCS code(s), long descriptor(s), referenced APC level and title assignment.

The daily recommendations are due at the end of each day, before the adjournment of the day’s meeting.

Task 3.1 – Cumulative Recommendations for the Meeting

Should a meeting/conference lasts for more than one day, the contractor will submit a list of all recommendations at the end of the final day of the Panel, before the adjournment of the day’s meeting.

All other requirements are listed above in Task 3.

Task 4 – Panel Related Support Documents

When requested, the contractor shall be able to provide written technical information to support the work of the panel.

Specific details regarding the support documents (e.g., task descriptions, timelines, etc.) will be provided by the COR during the contract, as needed.

Each task description will include a list of activities and deliverables to be completed, deliverable due dates, and the timeframe for overall task completion.

The contractor will be required to provide a level of effort estimate for approval before performing any ad hoc tasks.

Information could include responses and confirmation to inquiries regarding meeting content, transcript and other deliverables content, and historical documents of panel related specifics.

The total effort to complete Task 4 is anticipated to be up to approximately 4 hours per meeting, but not to exceed 16 hours per year.

3. General Deliverable Requirements:

• The Contractor shall provide the full name and email address for individuals who will support each meeting one week prior to each meeting to the COR and DFO one (1) week prior to the meeting.

• Completed deliverables shall be delivered electronically via email as attachments in Word format in the version in use by the Federal Government, unless another format is requested.

• All deliverables must be 508 compliant.

• The electronic versions shall be sent to the DFO’s email address or delegated designee and to the Contract Officer Representative (COR) for the respective meeting/conference.

• Each deliverable must be labeled by the meeting/conference name, meeting/conference date, and must be a separate attachment.

• The deliverables must be typed double-spaced with one-inch margins, and there shall be two spaces after periods at the end of sentences.

4. Schedule of Deliverables

Deliverable Due Date

Verbatim Transcript

Draft: 10 a.m. within 7 business days after the meeting adjourns

Final: 10 a.m. within 10 business days after the meeting adjourns

Meeting Report Draft: 10 a.m. on the fourth business day following the final day of the meeting.

Final: 10 a.m. on the fifth business day following the final day of the meeting.

Daily Recommendations

At the end of each day, before the adjournment of the day’s meeting.

Cumulative Recommendations

On the last day of the meeting, before the final adjournment of the meeting.

Support Documents

As needed and/or required to comply all associated requirements

IV. Assumptions

1. Materials and Information Provided By CMS

Prior to the meeting, we expect that CMS may provide the Contractor with:

• An access link to attend the meeting virtually.

• The agenda, including the HCPCS codes and long descriptors and the APC numbers and titles included on the agenda5.

• CMS’s meeting display slides and/or CMS staff presentation scripts.

• Necessary subcommittee reports and recommendations.

• Current Panel rosters.

Following the meeting, we expect that CMS may provide the Contractor with:

• Access to the meeting recording

• A copy of the automatically generated transcript

• A list of meeting attendees

2. Location

Meetings for both FACA panels currently occur virtually but may also take place at CMS Central Office in Baltimore, Maryland, or on occasion at another location in the Baltimore/Washington area. We anticipate that the Contractor will attend virtually.

3. Meeting Dates, Times, and Financial Information

• We estimate that there will be at least two and no more than six meetings per year.

o We anticipate that the CDLT Panel will be scheduled for up to two times per calendar year, for up to two full days each meeting.

5 The Contractor may also refer to the respective Panel’s webpage for updated Panel meeting files.

o Traditionally, the CDLT Panel meetings takes place mid to late summer. Over the past 5 years, we’ve averaged 2 CDLT Panel meetings lasting 1.5 days per o We anticipate there will be one meeting of the HOP Panel in each calendar year, with each meeting scheduled for up to two full days.

o Traditionally, the HOP Panel takes place in late summer. Over the past 5 years, we’ve averaged 1 HOP Panel meeting per year lasting 1 full day per

• Traditionally, meetings are held from July through September, without overlap of the

Panels’ meeting dates.

• Historically, CMS has provided required meeting dates no later than two months before the meeting.

• As soon as tentative dates are firm, the DFO will notify the Contractor.

• In the event that there is a change in the meeting date(s), the Contractor shall be notified as soon as the change is deemed necessary, not later than 1 week before convening the meeting.

• Full day meetings shall be approximately 8-1/2 – 10 hours (8:00 - 8:30 a.m. – 5:30 -

6:00 p.m.).

• Any 1/2-day meeting shall be approximately 4 to 5 hours as follows:

o 08:00 - 08:30 a.m. – 12:30 - 01:00 p.m.

o 12:30 - 01:00 p.m. – 05:00 - 06:00 p.m.

• All times are approximate and include breaks in the session (lunch, break, etc.).

• The meeting times are estimated and the actual meeting end times can only be approximated after the meeting is well underway.

• Should the meeting times need to be changed, CMS will contact the Contractor as soon as a schedule change is known.

Period of Performance

Base Period 06/01/2026-05/31/2027 Option Period 1 06/01/2027-05/31/2028 Option Period 2 06/01/2028-05/31/2029 Option Period 3 06/01/2029-05/31/2030 Option Period 4 06/01/2030-05/31/2031

SECTION 508 - ACCESSIBILITY OF ELECTRONIC AND

INFORMATION TECHNOLOGY

(a) This purchase order is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a Contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the Contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The Contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the Contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications

The Contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this Statement of Work, the Statement of Work shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards

4. FAR 39.2 (Section 508)

5. CMS/HHS Standards, policies and procedures (Section 508)

In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the Statement of Work, shall be the responsibility of the Contractor.

The following Section 508 provisions apply to the content or communications material identified in this Statement of Work:

36 CFR Part 1194.21 a - l

36 CFR Part 1194.22 a - p

36 CFR Part 1194.31 a - f

36 CFR Part 1194.41 a – c

The following Section 508 provisions apply for software development material identified in this Statement of Work:

http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards

For software development, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.21 (a – l) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

a. Information Technology – General Information (http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information- Technology/Section508/index.html)

For web-based applications, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.22 (a – p) 36 CFR Part 1194.41 (a – c)

(3) http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

a. Information Technology – General Information (http://www.cms.gov/Research-Statistics- Data-and-Systems/CMS-Information-Technology/Section508/index.html http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/index.html http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/index.html http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/index.html http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/index.html