10th SOW Sect L M Revised.pdf

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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 solicitation provision may be accessed electronically at this address:

http://www.arnet.gov/far/

A. Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

Clause No. Title and Date

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBER (APR 2008)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING

DATA (OCT 2010) Alternate I (OCT 2010)

52.215-22 LIMITATION ON PASS-THROUGH CHARGES—IDENTIFICATION

OF SUBCONTRACT EFFORT (OCT 2009)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY

COMPLIANCE EVALUATION (FEB 1999)

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER

INFORMATION WITH OFFER (MAY 1999)

L.2. FAR 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITION (JAN 2004) ALTERNATE I (OCT 1997)

(Note: As prescribed in the Department of Health and Human Services Acquisition Regulations (HHSAR), paragraph (e) of the FAR version of this clause is replaced by the HHSAR paragraph (e).

(a) Definitions. As used in this provision—

―Discussions‖ are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer‘s discretion, result in the offeror being allowed to revise its proposal.

―In writing,‖ ―writing,‖ or ―written‖ means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

―Proposal modification‖ is a change made to a proposal before the solicitation‘s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

―Proposal revision‖ is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

―Time,‖ if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays.

However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror‘s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent‘s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ―late‖ and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government‘s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

Department of Health and Human Services Acquisition Regulation Authorized FAR Deviation

As prescribed in HHSAR 315.209, FAR 52.215-1 is modified as follows:

(e) Restriction on disclosure and use of data.

(1) the proposal submitted in response to this request may contain data (trade secrets; business data (e.g., commercial information, financial information, cost and pricing data); and technical data) which the offeror, including its prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted; provided, that the government determines that the data is not required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, as amended, and the offeror marks the cover sheet of the proposal with the following statements, specifying the particular portions of the proposal which are to be restricted:

―Unless disclosure is required by the Freedom of Information Act, 5 U.S.C.

552, as amended, (the Act) as determined by Freedom of Information (FOI) officials of the Department of Health and Human Services (HHS), data contained in the portions of this proposal which the offeror has specifically identified by page number, paragraph, etc. as containing restricted information shall not be used or disclosed except for evaluation purposes.

The offeror acknowledges that HHS may not be able to withhold a record (e.g., data, document, etc.) nor deny access to a record requested pursuant to the Act and that the HHS‘ FOI officials must make that determination. The offeror hereby agrees that the Government is not liable for disclosure if HHS has determined that disclosure is required by the Act.

If a contract is awarded to the offeror as a result of, or in connection with, the submission of this proposal, the Government shall have right to use or disclose the data to the extent provided in the contract. Proposals not resulting in a contract remain subject to the Act.

The offeror also agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under the Act. The data subject to this restriction are contained in pages (insert page numbers, paragraph designations, etc. or other identification).‖

(2) In addition, the offeror should mark each page of data it wishes to restrict with the following statement:

"Use or disclosure of data contained on this page is subject to the restriction on the cover sheet of this proposal or quotation."

(3) Offerors are cautioned that proposals submitted with restrictive statements or statements differing in substance from those cited above may not be considered for award. The Government reserves the right to reject any proposal submitted with a nonconforming statement(s). (End of HHSAR deviation.)

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government‘s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government‘s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency‘s evaluation of the significant weak or deficient factors in the debriefed offeror‘s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

L.3. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a cost-plus-fixed-fee (CPFF) contract.

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

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

DHHS/Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management ATTN: Naomi A. Haney-Ceresa 7500 Security Boulevard, Mailstop C2-21-15 Baltimore, Maryland 21244-1850

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.5. SUBMISSION OF REPRESENTATIONS AND CERTIFICATIONS

In accordance with FAR 52.204-8, Annual Representations and Certifications (JAN 2011), Offerors are required to maintain and submit representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Website. The ORCA website can be accessed via the Internet at http://www.bpn.gov http://www.bpn.gov/

Agency-specific representations and certifications must be completed and submitted in hardcopy format. The Section K Agency-specific representations and certifications provided in Section K as Section K.1 through K.9 must be submitted in hardcopy format as a separate section of the Offeror‘s business proposal. For additional details regarding electronic submission of annual representations and certifications see:

http://www.acqnet.gov/far/FAC/fac2001-26.pdf

L.6. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

CODE AND SMALL BUSINESS STANDARD

The NAICS code for this acquisition is 541618, ―Other Management Consulting Services.‖

The small business size standard if $7 million average annual income.

L.7. SMALL BUSINESS SUBCONTRACTING PLAN

(Note: The requirement to submit a Small Business Subcontracting Plan is not applicable to Small Business Concerns responding to this solicitation.)

In accordance with FAR 52.219-9 Small Business Subcontracting Plan incorporated by reference in RFP Section I, offerors are required to submit a Small Business Subcontracting Plan for any contract that exceeds $500,000. For a sample plan format, refer to Section J, Attachment J-21of this solicitation.

a. The term ―subcontract‖ means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract.

b. The plan shall cover the entire contract period of performance and incorporate the CMS recommendations provided below:

1. Overall, for the total dollars subcontracted, 20% should be awarded to Small Businesses.

2. As a subset of the 20%, the following goals are recommended:

Small Disadvantaged Businesses 5%

Women-Owned Small Businesses 5%

HUB Zone Businesses 3%

Service Disabled Veteran Owned Businesses 3% http://www.acqnet.gov/far/FAC/fac2001-26.pdf

c. The Offeror understands that:

1. No contract will be awarded unless and until an acceptable plan is negotiated with the Contracting Officer which plan will be incorporated into the contract, as a material part thereof.

2. An acceptable plan must, in the determination of the Contracting

Officer, provide the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged persons to participate in the performance of the contract.

3. If a subcontracting plan acceptable to the Contracting Officer is not negotiated within the time limits prescribed by the contracting activity and such failure arises out of causes within the control and with the fault or negligence of the offeror, the offeror shall be ineligible for an award. The Contracting Officer shall notify the Contractor in writing of the reasons for determining a subcontracting plan unacceptable early enough in the negotiation process to allow the Contractor to modify the plan within the time limits prescribed.

4. Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

5. It is the offeror's responsibility to develop a satisfactory subcontracting plan with respect to both small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals and that each such aspect of the offeror's plan will be judged independent of the other.

6. The offeror will submit, as required by the Contracting Officer, subcontracting reports in accordance with the instructions thereon and as further directed by the Contracting Officer. Subcontractors will also submit these reports to the Government's Contracting Officer or as otherwise directed, with a copy to the prime Contractor's designated small and disadvantaged business liaison.

d. Small Disadvantaged Business (SDB) Participation

The Government will evaluate the Offeror‘s Small Business Subcontracting Plan for total Small Disadvantaged Business (SDB) participation. This evaluation will be based on information obtained from the plan provided by the offeror, the realism of the proposal, and any information supplied by the offeror. Evaluation of the Small Business Subcontracting Plan will be a subjective assessment based on consideration of all relevant facts and circumstances. The Government is seeking to determine whether the offeror has demonstrated commitment to use SDB concerns for the work that it intends to perform as the contractor. The Government will rely on the following areas of emphasis in evaluating the proposed SDB participation in the offeror‘s Small Business Subcontracting Plan:

• The extent to which SDB concerns are specifically identified

- Provide names, points of contact along with the other information asked for in the above paragraph for the SDBS to be utilized on this contract.

• The extent of an offeror‘s commitment to use SDB concerns

- Commitments should be as specific as possible, i.e.

subcontract arrangements already in place, letters of commitment, etc. Specific concerns must be identified with points of contact and telephone numbers. In addition, the SDB must provide proof of its certification as a SDB.

Targets expressed as dollars and a percentage of total contract value for each SDB participating will be incorporated into and become part of any resulting contract.

Therefore, the estimated extent of participation of all SDB concerns in terms of the value of the total acquisition must be identified.

• The complexity and variety of the work SDB concerns are to perform – Provide detail on the type of work the SDB will be performing.

• The realism of the proposal – The viability of the offeror meeting the goals presented in the SDB utilization plan.

• The extent of participation of SDB concerns in terms of the value of the total acquisition – The percentage of work the offeror plans to subcontract to SDB concerns must be detailed.

L.8. FACSIMILE, ELECTRONIC, WRITTEN PROPOSALS

Submission of facsimile proposals and electronic proposals in response to this solicitation is not authorized. Use of the term written in conjunction with proposal submission shall be defined as hard paper copy and not electronic/e-mail written format.

L.9. SOLICITATION QUESTIONS

All questions concerning this solicitation shall be submitted electronically and shall be received in the CMS designated mailbox no later than 5:00 p.m. local prevailing time (Baltimore, Maryland) on April 29, 2011. Answers to questions that CMS determines to be necessary for proposal preparation will be conveyed in the form of a solicitation amendment on or about May 6, 2011. Technical questions submitted by telephone or verbally will not be honored.

A. Submission of Questions

Failure to follow these specific directions may result in questions not being answered. It is at the discretion of the Contracting Officer to answer questions submitted after the cut-off date and time.

B. Content of Questions

Offerors shall, as a part of their question(s), cite the specific solicitation Section, paragraph, subparagraph (if applicable) and page number (e.g., page 82). For questions of a ―General Question‖ nature, offerors shall identify the question as ―General‖. The template for question submission is:

Section & Title (example: C.1. Background)

Page # Question

C. Procedures for Submission

Questions shall be submitted electronically to the following email address:

OCSQBox@cms.hhs.gov

D. Closing Date for Receipt of Questions

The closing date and time for submission of questions is April 29, 2011 at 12:00 p.m. local prevailing time (Baltimore, MD).

E. Posting of Questions

All reasonable and relevant Questions and Answers will be made available through issuance of a solicitation amendment.

L.10. ELIGIBILITY REQUIREMENT FOR PROPOSAL SUBMISSION

Offerors submitting proposals in response to this solicitation must meet the definition of a Quality Improvement Organization (formerly known as ―utilization and quality control peer review organization‖) in accordance with Section 1152 of the Social Security Act. Certification of Eligibility is required in RFP Section K.4.

Proposals received by Offerors who do not qualify as a QIO will not be evaluated.

NOTE: For Competitive Proposals (the States of ME, VT, ID, TX and the Territory of VI):

As required in Section K.4., offerors submitting proposals for the above competitive States/Territory, must include the following documentation substantiating its certification.

The offeror‘s proposal must include proof that it has available to it the services of a sufficient number of licensed doctors of medicine or osteopathy engaged in the practice of medicine or surgery in such area to assure that adequate peer review of the services provided by the various medical specialties and subspecialties can be provided. The specialties/subspecialties, shall include, at a minimum, the following fields:

Cardiology, Geriatrics, Gynecology, Immunology, Rheumatology, Endocrinology, Internal Medicine, Family Practice Medicine, Neurology, Oncology, Ophthalmology, Orthopedics/Podiatry, Psychiatry, Pulmonary Medicine, Radiology, Surgery (includes sub-specialties) and Urology, Nephrology.

Physician Sponsored: Examples of appropriate documentation to support physician-sponsored status might include articles of incorporation and/or lists of shareholders or members.

Physician Access: Examples of documentation to support physician-access status might include contracts with physicians to serve as physician reviewers.

L.11. GENERAL INFORMATION

A. Communications Prior to Contract Award

Offerors shall direct all communications to the attention of the Contracting Officer cited on the cover letter of this solicitation unless amended. Communications with other officials may compromise the integrity of this acquisition and result in disqualification of your proposal and/or cancellation of the requirement.

B. FAR Clauses, Public Law, Executive Orders, etc.

Contract(s) awarded as a result of this solicitation shall include the FAR clauses applicable to the selected Offeror's organization and contract type. Additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of the solicitation for the proposed contract, shall be considered to be included.

C. Central Contractor Registration (CCR Database)

In accordance with FAR 52.204-7, the Offeror shall acknowledge the requirement that a prospective awardee shall be registered in the CCR data base prior to award, during performance and through final payment of any award resulting from this solicitation. Failure to register in CCR will prohibit CMS from making an award to your organization. Offerors must certify that they have completed the registration process (refer to RFP Section K.1.).

The prospective awardee must enter all mandatory data fields, including the Data Universal Numbering System (DUNS) number or DUNS + 4 number into the CCR database (refer to FAR 52.204-6 Data Universal Numbering System (DUNS) Number). The prospective awardee must also enter all Electronic Funds Transfer (EFT) data into the CCR database.

The prospective awardee is responsible for the accuracy and completeness of the data within the CCR database. At a minimum, the prospective awardee must review and update the CCR database.

The prospective awardee is responsible for the accuracy and completeness of the data within the CCR database. At a minimum, the prospective awardee must review and update the CCR database on an annual basis.

Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423.

D. Section 508 Accessibility of Electronic and Information Technology

(EIT) to Federal Employees and the General Public with Disabilities

Offerors are informed that any resultant contract awarded under this solicitation may be 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 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.

E. Costs for Proposal Submission

This solicitation does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition.

F. Double-Sided Copies and Recycled Paper

Offerors should submit proposals utilizing recycled paper and photocopied on both sides.

G. Official Contract File Documents

Offerors are informed that proposals submitted in response to this solicitation may become part of the official contract file. The proposal must be signed by an official authorized to bind your organization.

H. Proposal Evaluation

The Government will evaluate proposals in accordance with the proposal instructions and evaluation criteria set forth in RFP Sections L and M.

I. Statement of Acceptance of Terms and Conditions

The business proposal must stipulate that it is predicated upon all the terms and conditions of this RFP. In addition, pursuant to FAR 52.215-1, the proposal must contain a statement to the effect that it is a firm offer for a period of at least 180 days from the date specified for receipt of offers by the Government.

Therefore, offerors are encouraged not to take exception to this RFP. However, in the event that exceptions are taken, offerors must include a statement in their proposal transmittal cover letter stating that they are taking exception to the RFP.

Additionally, Offerors must provide a detailed list of any exception(s) including the RFP Section, clause, paragraph and page number as a separate attachment to their transmittal letter.

J. Past Performance Information

Competitive offerors are advised that CMS will evaluate and numerically score past performance as an element of the technical proposal evaluation. The relevant importance of past performance is provided in Section L and Section M.

L.12. PROPOSAL FORMAT

A. Binding and Labeling

Offerors shall use three-ring binders (or other portfolio folder with pronged fasteners—no loose pages) for each volume of their technical and business proposals. Volume numbers and contents are detailed in paragraph C. Proposal Volumes, below. A binder cover sheet shall be affixed to each volume, which clearly identifies the RFP number, the offeror‘s name and address, the volume contents (i.e., technical proposal or business proposal), volume number, copy number (i.e., cop 2 of 4). The original volumes shall be marked ―ORIGINAL‖ and all other copies shall be marked ―COPY # ___ of ____.‖ Offerors shall label boxes with the Offeror‘s name, and ―box #___ of ___.‖

B. Page Size, Typing, Spacing and Page Numbering (Applies to

Technical Proposal Only)

1. Page size shall be 8.5 by 11 inches unless otherwise indicated.

Foldouts will count as two pages.

2. The proposal shall be page numbered.

3. Submit proposals, to the extent possible, on high-grade white paper, which can be recycled.

4. Type size shall not be less than 12-point font type Times New

Roman.

5. Each page shall be single-spaced and shall not be compressed.

Each page shall have a 1‖ margin on all 4 sides; header and footer information may be contained within the 1‖ area.

6. Proposal text headings shall be no smaller than 10-point Arial Narrow Bold.

7. Table text shall be no smaller than 8-point Arial-Narrow, single-line spacing, and no compression.

8. Proposal Graphics shall be no smaller than 8-point Arial Narrow, single-line spacing, and no compression.

9. The Contracting Officer, at his/her discretion, shall have the authority to waive minor deviations from the above specifications. If an Offeror would like to request a deviation from the listed specifications, then the Offeror must submit this request in writing to the Contracting Officer at least two (2) weeks prior to the date proposals are due.

L.13. PROPOSAL INSTRUCTIONS FOR COMPETITIVE PROPOSALS

(STATES OF ME, VT, ID, TX AND TERRITORY OF VI)

A. Proposal Labeling and Volumes

Technical and business proposals shall be submitted in separate volumes and clearly labeled, ―Technical Proposal‖ and ―Business Proposal‖ as instructed in paragraph ―L.12. Binding and Labeling.‖ Each of the proposals shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. Under no circumstances shall the Offeror include costs in the technical proposal. Resource information should be provided so that the Offeror‘s understanding of the scope of the work may be evaluated.

The CD-ROM version of the technical proposal shall be provided in Word- Version 2007. The CD-ROM versions of the business proposal shall be provided in Excel-Version 2007. The proposals shall be organized as follows:

Volume Contents Volume I Technical Proposal Volume 2 Business Proposal Volume 3 Conflict of Interest and Compliance Volume 4 Governance Volume 5 Information Systems Security Plan Volume 6 Documentation Substantiating Eligibility

B. Proposal Delivery and Number of Copies

The due date and time for submission of proposals for the States of ME, VT, ID and TX is May 18, 2011 at 2:00 p.m. local prevailing time (Baltimore, MD), NOTE: The due date and time for submission of proposals for the Territory of VI is: May 25, 2011 at 2:00 p.m. local prevailing time (Baltimore, MD).

Proposals shall be submitted to:

DHHS/Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Attn: Naomi A. Haney-Ceresa, Contracting Officer 7500 Security Boulevard, Mail Stop C2-21-15 Baltimore, MD 21244-1850 Marked: RFP #CMS10thSOW for the State of (enter name of State)

Phone Number: 410-786-1607

Volumber of Copies Media Volume 1 Signed Hard Copy Original, 4 Hard Copies, 3 CDs Volume 2 Signed Hard Copy Original, 4 Hard Copies, 3 CDs Volume 3 Original, 3 Hard Copies, 2 CDs Volume 4 Original, 3 Hard Copies, 2 CDs Volume 5 2 Hard Copies, 2 CDs Volume 6 2 Hard Copies, 2 CDs

NOTE: Offeror‘s are hereby advised that the place for submission of proposals (CMS Single Site at 7500 Security Boulevard, Baltimore (Woodlawn), Maryland), is a secure building. Therefore, when hand-delivering or utilizing a mail carrier service to deliver proposals, offeror‘s should allow for sufficient time to obtain a visitor‘s parking pass and registration at the Security Guard‘s desk located in the Central Building (main entrance to the complex).

Please be advised that CMS Security Guards will not accept proposals for CMS staff. Proposal delivery must be made to the exact location stated in this RFP solicitation on or before the date and time specified. The proposal is not considered to be delivered until it is delivered to CMS/OAGM Mail Stop C2-21-15 (or the hands of the Contract Specialist/Contracting Officer, if delivered in person).

Proposals delivered by a mail carrier service other than the U.S. Postal Service are not accepted in the CMS mailroom. Therefore, offeror‘s proposals may not be delivered timely to the location and person specified in this RFP solicitation.

Offeror‘s are advised to take this possibility into consideration in determining when and how a proposal must be received at the specified location to meet the date and time requirements. Offeror‘s are also advised to make sure that the proposal is clearly marked as to:

• The RFP number,

• The date and time for receipt,

• The intended room/cube location,

• The intended recipient,

• The telephone number of the intended recipient, and

• The State for which the offeror intends to be considered (see below).

Offerors who do not follow the above guidance when submitting proposals will be subject to standard security protocols prior to entering the CMS complex.

Offerors will, at a minimum, be subject to a vehicle search and all packages/boxes and their contents may be opened and searched prior to entering the CMS complex.

Proposals submitted after the due date and time will be considered late and not accepted. Refer to FAR 52.215-1 for Late Proposal submissions.

NOTE: OFFERORS ARE INFORMED THAT THEY MUST SUBMIT A SEPARATE

AND COMPLETE PROPOSAL FOR EACH STATE FOR WHICH THEY WISH TO BE

EVALUATED. THE OFFEROR SHOULD NOT COMINGLE THE PROPOSALS FOR

DIFFERENT STATES IN THE SAME PACKAGE. SEPARATE PACKAGES ARE

REQUIRED FOR THE PROPOSALS THAT ARE BEING SUBMITTED FOR

NUMEROUS STATES (i.e. IF AN OFFEROR DESIRES TO PROPOSE ON TWO

STATES – MAINE AND VERMONT, THEN THE PROPOSAL FOR THE STATE OF

MAINE SHOULD NOT BE SHIPPED WITH THE PROPOSAL FOR VERMONT. THE

PROPOSAL SHOULD BE COMPLETE—ADDRESS ALL THE REQUIREMENTS OF

THE RFP AND INCLUDE ALL VOLUMES WITH REQUIRED COPIES—AND SHOULD

BE SUBMITTED IN A SEPARATE PACKAGE CLEARLY MARKED FOR THE

RESPECTIVE STATE.)

C. VOLUME 1 TECHNICAL PROPOSAL ORGANIZATION AND CONTENT

The following instructions establish the acceptable minimum requirements for the format and content of Volume 1, Technical Proposal. Offerors are informed that pages provided beyond the limits may be discarded and not reviewed or

Volume 1 Technical Proposal Organization

Tab Content Page Limit 1 Table of Contents N/A 2 Technical Approach 32 pages

Maximizing Impact

Recruitment

Interventions

Care reinvention

Beneficiary and Family Centered Care

Application of Learning 3 Experience 15 pages

Corporate Experience

Past Performance 4 Management Plan and Staffing Plan 8 pages

Management Plan

Performance Management Process and System

Staffing Plan 5 Personnel 8 pages

Resumes of Key Personnel To Manage the Work

(Include Letters of Commitment if Proposed Personnel are not currently employed by your organization. Note: the page limit does not include these letters.)

Volume 1 Technical Proposal Content

1. Tab 1 shall consist of a ―Table of Contents‖

2. Tab 2 entitled, ―Technical Approach‖ shall consist of the following:

a. Maximizing Impact For each of the Aims, describe how the approach for recruitment and plan for intervention will maximally impact the outcome for the Aim. Include in this description how stakeholders are engaged, commitments secured and commitments maintained throughout the

SOW.

The proposal shall demonstrate:

1. The proposed approach is appropriate for maximizing the impact for the provider types and intervention strategy.

2. The proposed approach is feasible for maximizing the impact in the offeror‘s State or Territory.

3. The degree to which the proposed approach demonstrates maximum spread leveraging local, state and stakeholder groups.

VIRGIN ISLANDS ONLY: Offerors electing to submit a proposal in response to the RFP to perform the 10th SOW QIO requirements in the Territory of Virgin Islands may submit an Alternate proposal for Maximizing Impact as follows:

Maximizing Impact: In addition to the requirements above, when the offeror identifies where the proposed approach would not be feasible in the health system in the Virgin Islands, the offeror should submit an alternate proposal. The feasibility may be affected by the small number of beneficiaries and providers, the lack of infrastructure, cultural barriers, or other factors that would result in low effectiveness. The offeror should indicate why the approach in the RFP would not be effective in the Virgin Islands and submit an alternate proposal. The effectiveness of the alternate proposal shall be described and the offeror shall include proposed measurement and evaluation or the alternate proposal.

b. Recruitment:

For each of the Aims, offeror must specify the number of providers or communities (where applicable) the offeror will recruit in accordance with the eligibility criteria specified in Section C and any applicable J Attachments. For each of the Aims, offeror must describe the approach the offeror will use to recruit the providers or communities identified in the proposal.

The proposal shall demonstrate:

1. The proposed recruitment approaches are appropriate to the Provider types or community.

2. The proposed recruitment approaches are feasible in the context of the offeror‘s State or Territory.

3. The degree to which the number of providers that the offeror proposes to recruit meets or exceeds minimum expectations.

(1) Specific to Aim C.9 Improving Health for Populations & Communities the proposal shall include the following:

(a) The proposed number of eligible professionals for recruitment and assistance for EHR-reporting to PQRS (refer to Section C.9.1.C.2) and a description regarding the reasonableness of the number proposed based on:

(i) The number of eligible professionals and offices using PQRS-qualified EHRs in your state. For the listing of 2011 PQRS qualified EHRs see the website below.

http://www.cms.gov/PQRS/Downloads/QualifiedEHRVendorsforthe2011P hysicianQualityReportingandeRx121310.pdf , and

(ii) The number of eligible professionals and offices using PQRS-qualified EHRs that would report preventive and/or cardiac population health measures to PQRS.

(b) The proposed minimum number of physician offices for recruitment into the Cardiac Population Health Learning and Action Network (refer to Section C.9.1.C.4).

c. Interventions by Task or Subtask:

For each of the Aims, the offeror must describe specific major activities proposed. In the description, the offeror must describe how the proposed strategies are feasible and how they will be implemented. For each of the Aims, the offeror must identify perceived challenges to accomplishing the work.

For each of the Aims, the offeror must identify feasible, practical solutions to identified challenges.

The proposal shall demonstrate:

1. The proposed interventions are evidence-based, efficient and effective.

2. The proposed interventions are appropriate to the provider types.

3. The proposed interventions are feasible in the context of the offeror‘s State or Territory, considering local practices, geography and other relevant location-specific factors.

4. How the proposed solutions to anticipated challenges address those challenges.

d. Care Reinvention:

For each of the Aims, the offeror must describe the plan for utilizing the Care Reinvention through Innovation Spread (CRISP) model in Section C.10.3.

http://www.cms.gov/PQRS/Downloads/QualifiedEHRVendorsforthe2011P

The proposal shall demonstrate:

1. A plan for identifying the stakeholders‘ information needs.

2. A plan for obtaining beneficiary and stakeholder input.

3. A methodology that ensures the offeror‘s quality improvement messages align with the message of the CMS and HHS quality program.

e. Beneficiary and Family Centered Care

For the Beneficiary and Family Centered Aim, offeror must describe the approach to case review activities.

The proposal shall demonstrate:

1. A plan that ensures the requirement for timeliness of reviews is met.

2. The proposed methods for sharing are appropriate to the provider types and settings in which they will be applied.

3. A plan that acknowledges the need to utilize and/or transition to the Case Review Management Information System (CRMIS) and that describes how cases in process will meet timing of review requirements as well as meet the offeror‘s internal quality control standards.

4. A plan to utilize evidence beyond the medical record to determine if care and services met evidence-based professionally recognized standard of care.

f. Application of Learning

For each of the Aims, the offeror must describe a plan for using lessons learned in each task, as well as a plan to share best practices.

The proposal shall demonstrate:

1. A methodology for identifying, assessing and applying learning and best practices.

2. The proposed methods for sharing are appropriate to the provider types and settings in which they will be applied.

3. The proposed methods for sharing are effective based on offeror‘s experience.

3. Tab 3 entitled, ―Experience‖ shall consist of the following:

a. Corporate Experience:

The offeror shall describe in detail the commercial and Government contracts it has performed in the past five years that demonstrate experience in completing requirements similar or related in size scope and complexity to this solicitation. At a minimum, offeror shall furnish the following information for each contract cited:

A brief description of the work. Include any additional informationthat will further describe the activities performed and demonstrate the relationship of such experience to the requirements of this solicitation.

Specifically, the offeror shall provide a brief explanation of how the work it is performing or has performed relates to the requirements of the 10th SOW. The explanation must include a correlation between the experience and the work under the 10th SOW requirements.

The type of contract;

The total dollar value of contract; and

The period of performance.

b. Past Performance:

In order to facilitate the Government‘s evaluation of the offeror‘s past performance, the following protocol is hereby established for this solicitation. The Government may also use past performance information from sources other than those included in the offeror‘s proposal. The Government reserves the right to make only two attempts to contact any given reference. Therefore, it is the responsibility of the offeror to ensure that the appropriate point of contact for any and all references is aware that they may be contacted by CMS/OAGM relative to this solicitation.

Offerors are advised that the Government will evaluate past performance utilizing any or all of the following: (1) information obtained from the CPARS database, (2) information submitted for offerors as provided in their technical proposal and (3) information available to Government through other sources known to CMS.

Offerors shall include all past performance information for each relevant contract that it (or its major subcontractors) is currently performing or has performed during the past five (5) years.

Relevant past performance is defined as ―performance of work that is the same or similar in scope, size, magnitude and complexity as the work required under this solicitation.‖ Specifically, offerors shall provide the following:

• A brief description of the project/contract. Include any additional information that will further describe the activities/functions performed and demonstrate the relationship of such experience to the requirements of this solicitation;

• Show the type of contract, dollar value of contract at time of award, cumulative dollar value of contract at closure, and period of performance. Indicate whether or not contract renewal options were exercised;

• The name, address (including city, state and zip code), telephone number (with area code), and e-mail address of the Government Project Officer/Contracting Officer‘s Technical Representative (COTR) or comparable official;

AND of the cognizant Government Contracting Officer or comparable official. The offeror shall be responsible for ensuring those names, phone numbers, and e-mail addresses are current as of the date of proposal submission.

• The Government will utilize the Section J, Attachment 19 Past Performance Questionnaire to obtain information from references. CMS reserves the right to contact references other than those identified by the offeror to supplement the evaluation of the offeror‘s past performance. Past performance is a technical factor and included in the numerical score of the technical proposal (see Section M).

4. Tab 4 entitled, ―Management Plan and Staffing Plan‖ shall consist of following:

a. Management Plan CMS will evaluate the offeror‘s proposed management plan to the extent that the offeror demonstrates and documents the necessary management structure to successfully perform the contract.

1. Offeror‘s management structure must be consistent with the proposed management plan and with efficient, effective implementation of proposed strategies.

2. Offeror must explain in detail the performance management process and system that will be used to continuously monitor progress at meeting desired goals.

b. Staffing Plan The offeror shall submit a staffing plan that demonstrates its ability to provide qualified personnel in sufficient numbers for each Aim and Driver of the contract and for ensuring its proposed team, including subcontractors (if proposed), has the skills to meet the requirements stated in the SOW. The offeror shall provide a proposed labor mix that demonstrates an accurate and effective understanding of the technical requirements of the SOW. The offeror shall also demonstrate an appropriate approach to managing the workloads posed by the number and types of providers in the state or territory, including the FTEs (labeled as prime or subcontractor, if proposed) required to perform the tasks.

The offeror shall provide a summary of the roles and responsibilities of each labor category with the associated FTEs, including subcontractor labor categories, if proposed. In addition, the offeror is required to submit a staffing chart for the proposed plan for each of the Aims. Labor hours and FTEs are required to be specified. Do not include labor rates and indirect rates in this section.

The proposal shall demonstrate:

1. Offeror ability to assemble a team with the appropriate skills to meet the requirements of the SOW;

2. Offeror‘s proposed labor mix accurately reflects the offeror‘s technical approach; and

3. Offeror‘s proposal presents and describes its rationale and method for staffing the contract that can be accomplished.

5. Tab 5 entitled, ―Key Personnel‖ shall contain the following:

CMS will evaluate the offeror‘s description of proposed staff to the extent that the offeror demonstrates and documents the necessary expertise to successfully perform the contract. Therefore, the offeror shall identify and provide resumes for all key personnel for each Aim and Driver of the contract. Each resume shall contain sufficient detail to clearly demonstrate the candidate is qualified for the position proposed. Each resume shall contain, at a minimum, the following information:

• Name and position.

•…