2_SectionLandMFinalCompetitive1.doc

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/

Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses Clause No.

Title and Date

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBER (OCT 2003)

52.215-16

FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.215-21

REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING

DATA (OCT

1997)

52.219-24

SMALL DISADVANTAGED BUSINESS PARTICIPATION

PROGRAM – TARGETS (OCT 2000)

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).

(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, and 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 legend, specifying the particular portions of the proposal which are to be restricted in accordance with the conditions of the legend. The Government's determination to withhold or disclose a record will be based upon the particular circumstances involving the record in question and whether the record may be exempted from disclosure under the Freedom of Information Act. The legend reads:

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, data contained in the portions of this proposal which have been specifically identified by page number, paragraph, etc. by the offeror as containing restricted information shall not be used or disclosed except for evaluation purposes.

The offeror acknowledges that the Department may not be able to withhold a record (data, document, etc.) nor deny access to a record requested pursuant to the Act and that the Department's FOI officials must make that determination. The offeror hereby agrees that the Government is not liable for disclosure if the Department 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 legends or statements differing in substance from the above legend may not be considered for award. The Government reserves the right to reject any proposal submitted with a nonconforming legend.

(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 contract with cost-plus-fixed-fee (CPFF) and cost-plus-award-fee (CPAF) contract provisions.

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:

Centers for Medicare & Medicaid Services

ATTN: Naomi-Haney-Ceresa, Mailstop C2-21-15

7500 Security Boulevard

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 2006), Offerors are required to maintain and submit representations and certifications electronically via the Online Representations and Certfications Application (ORCA) Website. The ORCA website can be accessed via the Internet at 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.8 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 $6.5 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, J-18 of 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, 40% should be awarded to Small Businesses.

2.

As a subset of the 40%, the following goals are recommended:

· Small Disadvantaged Businesses

6.35%

· Women-Owned Small Businesses

5.00%

· HUB Zone Businesses

3.00%

· Veteran-Owned Small Businesses

3.00%

· Service Disabled Veteran Owned Businesses 3.00% 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 February 5, 2008. 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 February 26, 2008. 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”.

C.

Procedures for Submission

Offerors must utilize the file format specified in Attachment J-16. Offerors should send all questions electronically using Microsoft Word 2003 format to 9thSoWRFPQs&As@cms.hhs.gov beginning January 25, 2008. Please note that the email address is case sensitive. You must utilize numbers, capital and small case letters as shown. There are no spaces between any of the numbers or characters.

When completing Attachment J-16 Offerors shall:

submit only one file per contractor include only one question per row on the Attachment J-16 table number each question utilizing the two letter State abbreviation and question # (e.g., AK1, AK2, …) do not change any formatting in Attachment J-16 including column widths. Offeror may add additional rows only.

cite the appropriate RFP section as specified above

D.

Closing Date for Receipt of Questions

The closing date and time for submission of questions is February 5, 2008 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.

ELIGIBIITY 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.3. Proposals received by Offerors who do not qualify as a QIO will not be evaluated.

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 (refer to RFP Section L.15).

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 Offerors are advised that CMS will evaluated past performance utilizing all or a combination of the following: (1) information obtained from the NIH Contractor Performance System (CPS) database, (2) information submitted for Offerors as provided in their technical proposal (refer to Section L.14) and (3) information available to Government through other sources known to CMS.

Offerors shall include all past performance information described in Section L.14 for the Mandatory and/or Sub-National Directed and Sub-National Optional Requirements (if proposed) for each relevant contract that it (or its major subcontractors) is currently performing or have performed during the past three (3) 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.”

The Government will utilize the Section J, Attachment 19 Past Performance Questionnaire to obtain information from references. References shall submit their responses directly to the Contracting Officer with seven (7) calendar days after the proposal due date (see cover letter). CMS will inform the Offeror of those references that have not responded by the date specified. 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 will be evaluated utilizing the criteria in RFP Section M.13.

L.12.

STATEMENT OF WORK MANDATORY REQUIREMENTS

Offerors are advised that the following Section C Statement of Work requirements are mandatory:

C.1.

Background and Overview

C.2.

Contract Purpose

C.3.

Technical Considerations

C.4.

General Requirements

C.5.

Overall Evaluation

C.6.

Theme Requirements and Evaluation

Theme 6.1 Beneficiary Protection

Theme 6.2 Patient Safety

- Pressure Ulcers

- Physical Restraints

- Surgical Care Improvement Project

- Methicillin-resistant Staphylococcus aureus

- Drug Safety

- Poorly Performing Nursing Homes

Theme 6.3 Prevention

1.

Eligibility to Submit Proposals for Sub-National Optional Requirements (Theme 7.2 and Theme 7.3) Offerors must submit proposals that address these mandatory requirements in order to be eligible to submit proposals for the Sub-National Optional requirements, Theme 7.2 Patient Pathways (Care Transitions) and/or Theme 7.3 Prevention Chronic Kidney Disease.

2.

Eligibility to Submit Proposals for Sub-National Directed

Requirement (Theme 7.1) Theme 7.1 Prevention Disparities Sub-National Directed Requirement is restricted to Offerors submitting competitive proposals for the states of California, Mississippi, North Carolina, New York, Oklahoma, and South Carolina. Offerors submitting proposals for these states must submit a proposal to perform the Theme 7.1 Prevention Disparities Sub-National requirement.

3.

Evaluation of Sub-National Requirements Proposals In order for CMS to evaluate and give consideration to proposals submitted for the Sub-National requirements, (Theme 7.1 Prevention Disparities (limited to the states identified in paragraph 2, above), Theme 7.2 Patient Pathways (Care Transitions) and/or Theme 7.3 Prevention Chronic Kidney Disease, the Offeror’s proposal for the “Mandatory Requirements” must be determined to be technically acceptable. Refer to Section L.14 and Section M for additional information concerning the technical and business evaluations.

4.

Award of Sub-National Requirements Offerors are informed that CMS will award the Sub-National requirements based upon the authority provided in Section 1153(e)(2) and Section 1154(a)(8) of the Social Security Act. Accordingly, CMS will first award the 9th SOW QIO contract for the “Mandatory Requirements” to the successful QIO for each of the competitive states. After contract award, CMS will modify the successful QIO’s 9th SOW QIO contract to incorporate the Sub-National Requirement(s) provided the successful QIO is determined to have submitted a Sub-National Requirement(s) proposal that is in the “Sub-National Requirement Competitive Range” and eligible for contract award through the modification process. Refer to Section M for additional information concerning the technical and business evaluations and award.

L.13.

PROPOSAL FORMAT

A.

Binding and Labeling Offerors shall use three-ring binders 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.

C.

Proposal Volumes Technical and business proposals shall be submitted in separate volumes and clearly labeled, “Technical Proposal” and “Business Proposal” as instructed in paragraph “A. Binding and Labeling,” above. 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 original volumes of the technical proposals listed below shall also include one (1) CD-ROM version of the technical proposal in Word-Version 2003. The original volumes of the business proposals listed below shall also include three (3) CD-ROM versions of the business proposal in Excel-Version 2003.

The proposals shall be organized in volumes as follows:

Volume Contents

Number of Copies 1 Technical Theme 6.1 Beneficiary Protection

1 original and 6 copies

Theme 6.2 Patient Safety

Theme 6.3 Prevention

2 Business Theme 6.1 Beneficiary Protection

Information Systems

3 Technical Theme 7.1 Prevention—Disparities** 1 original and 6 copies

4 Business Theme 7.1 Prevention—Disparities**

(**Proposal submission for Theme 7.1 is restricted under this competitive RFP. Offerors submitting proposals for the States of California, Mississippi, North Carolina, New York, Oklahoma, and South Carolina must also submit a proposal for Theme 7.1.)

5 Technical Theme 7.2 Patient Pathways (Care

Transitions)—Optional 6 Business Theme 7.2 Patient Pathways (Care

Transitions)—Optional

7 Technical Theme 7.3 Prevention Chronic Kidney

Disease--Optional

8 Business Theme 7.3 Prevention Chronic Kidney

Disease—Optional

9 Governance Corporate Governance Policies 1 original and 3 copies

(Section H.9)

10 IT Security Information Systems Security 1 original and 3 copies

Plan L.14

TECHNICAL PROPOSAL ORGANIZATION AND CONTENT

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

A.

Volume 1 - Theme 6.1 Beneficiary Protection, Theme 6.2 Patient Safety, and

Theme 6.3 Prevention 1.

Organization

Tab

Content

Page Limit

Table of Contents

N/A

Technical Understanding and Approach

30 pages

Project/Management Plan

10 pages

· Performance Management Process

And System

· Risk Management Plan

Add’l Technical Considerations for

Add’l Technical Considerations for

Personnel (page limit includes Staffing Plan)

· Staffing Plan

· Resumes of Key Staff to manage the Theme

(Include Letters of Commitment if proposed

Staff are not currently employed by your organization.)

Past Performance

Content

Volume 1 – Tab 1 Table of Contents Volume 1 – Tab 2 Technical Understanding and Approach The technical proposal shall demonstrate that the Offeror possesses a clear specific understanding of the work to be performed utilizing a sound technical approach for each of the Theme areas including Theme 6.1- Beneficiary Protection, Theme 6.2 - Patient Safety, Theme 6.3 - Prevention. CMS will evaluate and assess the Offeror’s understanding of the work statement and approach to meet the technical requirements based upon the Offeror’s proposal. CMS will consider the following characteristics of your technical proposal during the evaluation process:

a.

Technical quality of the Offeror’s proposed strategies to accomplish each task and subtask of the work statement—this includes feasibility, efficiency, and degree of uniqueness/innovation displayed by proposed strategies;

b.

Specific major activities proposed by Offeror in discussion of how strategies will be implemented to fit with and support feasibility of proposed strategies;

c.

Perceived impediments/barriers/challenges identified in work statement are in fact substantial challenges and are correctly classified as general or contract-specific challenges to success in QIO work;

d.

Offeror identifies feasible, practical responses/solutions to identified impediments/barriers/challenges to contract success;

e.

For all requirements to submit documentation of stakeholder support, the presence and content of stakeholder support documented in submission; and f.

Where an environmental scan is required, CMS will specifically consider its quality, thoroughness, and the depth of understanding of the task as demonstrated by depth and completeness of understanding of relevant environmental factors as reflected by environmental scan and the degree to which proposed technical approach fits with variables and conditions identified by the scan.

Volume 1 – Tab 3 Project/Management Plan a.

Offeror’s management structure supports proposed project/ management plan and efficient, effective implementation of proposed strategies.

b.

Explain in detail the performance management process and system that will be used to monitor, in real-time, progress at meeting desired goals.

c.

Explain your Risk Management Plan. The plan shall focus on critical events that have a high probability of occurring, and could, if they were to occur, have significant negative impact on the outcome of the implementation process. This document will be updated to reflect current implementation activities and used throughout the implementation period. The offeror shall briefly describe:

All critical risks, their causes, the probability of their occurrence, the areas of the implementation affected, and what impact the risk may have on implementation objectives.

The results of the analysis of each identified risk.

A mitigation strategy and/or contingency plan for each risk.

Specific actions identified to implement the chosen risk response strategy.

Volume 1 – Tab 4 Additional Technical Considerations for Theme 6.2 Patient Safety

In addition to the information noted above, you must supply the following information so that we may assess your ability to maximize the recruitment of nursing homes and hospitals in your contract region. Greater consideration will be given for these evaluation criteria to those QIOs that can recruit more practices in an efficient and effective manner as is documented in the technical proposal.

In responding to this requirement, each QIO must:

a.

submit an Excel spreadsheet containing the two letter abbreviation for the QIO state in cell A2 and a number corresponding to the total number of Nursing Homes the QIO is agreeing to recruit for working on Pressure Ulcers for this RFP in cell B2. Cell B3 should include an estimate of the total number of hospitals located in the same or contiguous zip codes as these nursing homes the QIO is agreeing to recruit for purposes of working on hospital pressure ulcers for this RFP. Cell C2 should include an estimate of the total number of nursing homes the QIO is agreeing to recruit for working to reduce the use of physical restraints for this RFP. Cell D2 should include an estimate of the total number of hospitals the QIO is agreeing to recruit for purposes of working on the SCIP outcome measures. Cell A1 should contain the date the proposal was prepared, Cell B1 should contain the name of the QIO submitting the proposal, Cell C1 should contain the name of the point of contact for the QIO should there be any questions, and Cell D1 should contain the point of contact’s telephone number.

b.

Outline how you will structure yourself to align with the Patient Safety Theme and effectively work with your chosen provider groups in each of the different components of Patient Safety, including how you will allocate travel funds for key staff members c.

As outlined under the Patient Safety Activities Section, #7- Describe how you will incorporate available resources (including existing CMS initiatives and staff) to convene and organize meetings of key staff members to advance quality improvement initiative and patient safety d.

Describe your team’s plan for moving the Patient Safety measures and how your designated staff will assist in achieving the Patient Safety goals e.

As outlined under the Patient Safety Activities Section, #5, describe how you will structure yourself to obtain executive leadership agreement (CEO/CFO/Medical Director) for participation in Patient Safety quality improvement initiatives and how this will be maintained throughout the contract period.

f.

Describe cost-effective methods you will use to transfer knowledge and gain acceptance from participating providers of the Patient Safety work in your respective area g.

Methicillian resistant staphylococcus aureus (MRSA): The proposal shall describe how the Offeror will work with the Centers for Disease Controls’ National Healthcare Safety Network (NHSN). The NHSN system involves roughly 600 hospitals. Potential contractors should be prepared to make contact with NHSN hospitals who voluntarily report hospital infections though the CDC’s electronic system as well as recruit other hospitals within the QIO catchment area to participate as an NHSN hospital. QIOs should be prepared to assist participating hospitals in expanding MRSA reporting as outlined by the CDC.

h.

Performing Nursing Homes: The proposal shall provide a statement of the problem in the Quality Improvement Organization’s (QIO) own words. The QIO shall demonstrate an understanding of quality problems in poorly performing nursing homes, the ability to perform root cause analyses, ability to assist in the development and implementation of action plans based on the analyses, and providing effective intervention strategies.

i.

The QIO shall prepare a clear, concise presentation of the technical approach chosen for the Sub-Task. This must be complete and address the required elements of the Sub-Task. The QIO should provide sufficient detail indicating technical understanding and capability for performing the requirements of the Sub-Task.

The technical approach should be specific and complete enough to clearly demonstrate that the QIO understands and can respond to the intent of the contract. Proposals will be considered technically unacceptable if the Task is simply restated or promises to carry out requested activities without providing substantial descriptions of the strategy. Similarly, proposals that merely represent extensive discussions that elaborate on general principles of performance evaluation designs are not acceptable.

Specific topics to be addressed include:

A statement of the background and need for the Task and a discussion of potential problems that can arise in the process of performing this Task.

The proposed technical approach to carrying out the work described in the Task, including a detailed outline of the tasks to be undertaken.

A detailed description of how data will be managed for this project.

A discussion of the specific analyses to be undertaken, including a discussion of why these were selected over other possibilities.

Volume 1 – Tab 5 Additional Technical Considerations for Theme 6.3 Prevention (Core Contract or Mandatory Requirements)

Greater consideration will be given for these evaluation criteria to those QIOs that can recruit more practices in an efficient and effective manner as is documented in the technical proposal.

Number and identity of participating practices:

In responding to this RFP for this component, each QIO must first prepare two documents:

a.

the first document will be an Excel spreadsheet containing the two letter abbreviation for the QIO state in cell A2 and a number corresponding to the total number of Physician Practices the QIO is agreeing to recruit for this RFP in cell B2. Cell B3 should include an estimate of the total number of underserved diabetes patients included within cell B2. Cell A1 should contain the date the proposal was prepared, Cell B1 should contain the name of the QIO submitting the proposal, Cell C1 should contain the name of the point of contact for the QIO should there be any questions, and Cell D1 should contain the point of contact’s telephone number.

b.

The second document will be an Excel spreadsheet containing the name and address of each organization that is expected to participate in this task, type of organization (e.g., physician practice, health center, senior center, church, etc.), total number of Medicare diabetes patients and number of underserved diabetes patients (note: for non-physician practice locations estimates are acceptable), an indicator as to whether this organization worked with the QIO in the 8th scope of work on the Task 1d2 project (yes, no, or “qualified yes”, meaning yes with conditions such as “yes, but dropped out”, or “yes, but not fully cooperative”), an indicator as to whether or not the physician practice now has a functioning E.H.R., and an indicator as to whether or not the practice site is participating in PQRI, if possible. This document, should the proposal be accepted, will be forwarded to the national contractor for Prevention Evaluation at the start of the 9th scope of work.

Volume 1 – Tab 6 Personnel CMS will evaluate the Offeror’s description of proposed staff (key, non-key and subcontractor personnel) for extent to which the Offeror demonstrates and documents the necessary expertise to successfully perform the contract. This includes the degree to which the Offeror demonstrates it can acquire and train the appropriate staff with limited learning curve during the three (3) year effort.

In additional, the contractor is required to submit a staffing chart for the proposed FTE for each of the theme area. Labor hours and FTEs are required. Do not include labor rates and indirect rates in this section.

The offeror’s proposal will be evaluated on the degree to which the staffing plan demonstrates the offeror’s ability to provide qualified personnel in sufficient numbers to perform the work under the contract. The Government will evaluate the degree to which:

the offeror demonstrates its ability to assemble a team with the appropriate skills to meet the requirements of the SOW;

the offeror’s proposed labor mix accurately reflects the offeror’s technical understanding of the SOW; and the offeror’s proposal presents and describes its rationale and method for staffing the contract that can be accomplished.

The offeror shall identify and provide resumes for all key personnel for each Theme. 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.

Educational background, including academic degrees and the year conferred.

Technical training, including program year completions.

Years of applicable experience.

Citizenship.

Imme…