Attachment J-1 Consent to Subcontract.docx

End Stage Renal Disease Network HHSM-500-2012-RFPCompetitive-ESRDCPFF Cost Plus Fixed Fee (CPFF)

Attachment J-1

CONSENT TO SUBCONTRACT

PRIME CONTRACT NUMBER:

PRIME CONTRACTOR:

In accordance with FAR 52.244-2, the Prime Contractor must submit the following to CMS for consideration of Subcontractor consent:

Description of supplies or services to be subcontracted:

Identification of the type of subcontract:

Identification of the proposed subcontractor:

The proposed subcontract price:

The subcontractor’s current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions:

The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract:

A Negotiation Memorandum reflecting--

A. The principal elements of the subcontract price negotiations;

B. The most significant considerations controlling establishment of initial or revised prices;

C. Reason cost or pricing data were or were not required;

D. Extent, if any, to which ESRD Network Organization did not rely on the subcontractor’s cost or pricing data in determining the price objective and in negotiating the final price;

E. Extent to which it was recognized in the negotiation that the subcontractor’s cost or pricing data were not accurate, complete, or current; the action taken by the ESRD Network Organization and the subcontractor; and the effect of any such defective data on the total price negotiated;

F. Reasons for any significant difference between the ESRD Network Organization price objective and the price negotiated; and

G. A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

B. Does the prime contractor have an approved purchasing system?

C. Does a close working relationship or ownership affiliation between the prime and subcontractor exist? If so, explain the relationship and/or affiliation.