Sol_HHSM-500-2015-RFP-0127.pdf

HHSM-500-2015-RFP-0127

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 65

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

06/26/2015

AGG - DSC

CMS,OAGM,AGG,DSC

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

BALTIMORE MD 21244-1850

Mr. William A, Diggs Jr.

Ms. Erin Sparwasser

1000 ES 07/26/2015

Erin Sparwasser 410 erin.sparwasser@cms.hhs.gov

786-1928

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PAGE(S)

Will Diggs

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

3-5 8-9 10-19 20-39

40-44

46-54

55-63

64-65

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

This data is needed to support the development of expenditure estimates for prescription drugs in the National Health Expenditure Accounts.

B.2 TYPE OF CONTRACT

This is a Fixed-Firm Price Contract. The firm fixed price for the base 12 month effort is $TBD at Award.

This is a Fixed-Firm Price Contract. The firm fixed price for the Option Year I effort is $TBD at Award.

This is a Fixed-Firm Price Contract. The firm fixed price for the Option Year II effort is $TBD at Award.

This is a Fixed-Firm Price Contract. The firm fixed price for the Option Year III effort is $TBD at Award.

B.3 FIXED FEE (COST REIMBURSEMENT TASK ORDERS ONLY)

The fixed fee will be negotiated on a task order by task order basis.

The fixed fee set forth in each individual CPFF task order under this contract will be paid in installments at the time of each monthly provisional payment. Unless otherwise indicated, the amount of each such fixed fee installment shall be paid at the same ratio as the total fixed fee is to total estimated costs. NOTE: The payment of fixed fee under Task Orders is subject to the withholding provisions of FAR 52.216-8, entitled “Fixed Fee.” Any balance of fixed fee shall be paid to the contractor, or any overpayment of fixed fee shall be repaid by the contractor or otherwise credited to the Government, when specified in FAR 52.216-8.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. SCOPE

This data is needed to support the development of expenditure estimates for prescription drugs in the National Health Expenditure Accounts.

A. Background

Data from IMS Health’s National Prescription Audit (NPA), Retail Method of Payment Report, and The Drug Distribution Database (DDD) Class of Trade Report have been used to construct the prescription drug estimates in the National Health Accounts since 1994. The use of a consistent and comprehensive data set is important for the development of these spending estimates which chronicle the year-to-year changes in national drug spending.

B. Purpose

For purposes of developing expenditure estimates for the National Health Expenditure Accounts, the National Health Statistics Group (NHSG) in the Office of the Actuary (OACT) would like to purchase descriptive statistical data on the prescription drug industry. This includes a base year and 3 option years.

II. REQUIREMENTS

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, and data as needed to perform the requirements of this Statement of Work.

A. Requirements/Tasks to be Performed.

1. Deliver aggregate U.S. retail prescription drug sales and the associated number of prescriptions dispensed, for chain drug stores, independent stores, food stores, and mail order, for the full calendar years of 2013 and 2014. Retail sales and the number of prescriptions dispensed by channel will be delivered for both total prescriptions and for new prescriptions.

(National Prescription Audit)

2. Deliver aggregate U.S. retail prescription drug sales and the associated number of prescriptions dispensed by state and by method of payment (cash, Medicaid FFS, Medicare Part D, and third-party) for calendar years 2013 and 2014. (Retail Method of Payment Report)

3. Deliver retail and non-retail pharmaceutical sales by class of trade for calendar years 2013 and 2014 (wholesale purchases and growth). (DDD Report)

4. Deliver Veteran’s Administration centralized mail order pharmacy expenditures for calendar years 2013 and 2014. (DDD Report)

5. Deliver the number of prescriptions dispensed for generics, brands, branded-generics, and other branded-generics for calendar years 2013 and 2014. (National Prescription Audit)

6. Patients with private insurance, Medicare Part D, and Medicaid. Total insured patients’ retail OOP costs, to be split out by: OOP Commercial third-party, OOP Medicaid FFS, and OOP Medicare Part D, Calendar years 2013 & 2014 (National Prescription Audit)

7. U.S. prescription drug sales by retail (chain drug stores, independent stores, food stores, and mail order) and non-retail, or institutional, channels of distribution (clinics, non-federal hospitals, long-term care, federal facilities, home health care, HMO, and miscellaneous), for total prescriptions. (For manufacturer/wholesale sales), Calendar years 2013 & (National Sales Perspective)

8. Top 200 Branded and top 200 Generic drugs for calendar years 2013- 2014 by both dollar sales and number of dispensed prescriptions (National Prescription Audit)

9. Provide any revisions to past data purchases along with written documentation explaining reasons for revisions.

B. Report Requirements

(This section is not a list of deliverables. Report requirements may include financial, management, progress, draft and final reports, as well as any other data requirements. This section will include the format and content of each report, number of copies, expected length, and place and method of delivery.)

Draft Final Reports:

The Contractor shall submit the deliverables electronically, in Word or Excel, to the Project Officer, either as available as or no later than June 18, 2015. The data shall be submitted in the following format and include the following elements:

The reports will contain:

1. Breakdown of U.S. retail prescription drug sales and the associated number of prescriptions dispensed by channel (chain drug stores, independent stores, food stores, and mail order), for calendar years 2013 and 2014. Retail sales and the number of prescriptions dispensed by channel are to be reported for both total prescriptions and new prescriptions. Breakdown of retail sales by the number of new and total prescriptions for each sales channel, 2013 and 2014. (National Prescription Audit)

2. Breakdown of U.S. retail prescription drug sales and the associated number of prescriptions dispensed by state and by method of payment (cash, Medicaid FFS, Medicare Part D, and third-party)for calendar years

2013 and 2014 (Retail Method of Payment Report)

3. Retail and non-retail pharmaceutical sales by class of trade (wholesale purchases and growth) for calendar years 2013 and 2014 (DDD Report)

4. Veteran’s Administration centralized mail order pharmacy expenditures for calendar years 2013 and 2014 (DDD Report)

5. Deliver the number of prescriptions dispensed for generics, brands, branded-generics, and other branded-generics for calendar years 2013 and 2014. (National Prescription Audit)

6. Patients with private insurance, Medicare Part D, and Medicaid. Total insured patients’ retail OOP costs, to be split out by: OOP Commercial third-party, OOP Medicaid FFS, and OOP Medicare Part D, Calendar years 2013 & 2014 (National Prescription Audit)

7. U.S. prescription drug sales by retail (chain drug stores, independent stores, food stores, and mail order) and non-retail, or institutional, channels of distribution (clinics, non-federal hospitals, long-term care, federal facilities, home health care, HMO, and miscellaneous), for total prescriptions. (For manufacturer/wholesale sales), Calendar years 2013 & (National Sales Perspective)

8. Top 200 Branded and top 200 Generic drugs for calendar years 2013- 2014 by both dollar sales and number of dispensed prescriptions (National Prescription Audit)

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with the Statement of Work, and any additional requirements set forth in individual Task Orders.

SECTION E – INSPECTION AND ACCEPTANCE

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

This incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/

E.2 INSPECTION AND ACCEPTANCE

a. All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the Government.

b. The Government's Contracting Officer Representative is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items to be delivered under this contract.

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

E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE

All items to be delivered to the COR will be deemed to have been approved 60 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been given within such period. The COR’s approval or revision to the items submitted shall be within the general scope of work stated in this contract.

FAR Reference Title Date

52.246-4 Inspection of Services – Fixed-Price AUG 1996 http://farsite.hill.af.mil/

SECTION F – DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/

F.2 PERIOD OF PERFORMANCE

The period of performance of this contract is <TBD > through < TBD >.

< TBD > through < TBD > < TBD > through < TBD > < TBD > through < TBD >

F.3 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The Contractor shall submit all required reports and deliverables in accordance with the following schedule. Reports and/or deliverables submitted under this contract shall be in accordance with the Statement of Work entitled

ITEM # DESCRIPTION QTY/RECIPIENT DELIVERY

Example: (Do NOT list what is to be in each report in this section. Descriptions of content and format for reports are contained in the SOW under Reporting Requirements.)

1 U.S. retail prescription drug sales and 1 Excel file prescriptions dispensed Sent to Project Officer 7/1/2015 or ASAP by channel

2 U.S. retail prescription drug sales and 1 Excel file prescriptions dispensed Sent to Project Officer 7/1/2015 or ASAP by state and by method of payment

FAR Reference Title Date

52.242-15 Stop – Work Order AUG 1989

52.242-15 Stop-Work Order – Alternate I APR 1984

52.242-17 Government Delay of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

3 Retail and non-retail pharmaceutical 1 Excel file sales by class of trade Sent to Project Officer 7/1/2015 or ASAP (wholesale purchases and growth)

4 Veteran’s Administration centralized mail 1 Excel file 7/1/2015 or ASAP order pharmacy expenditures Sent to Project Officer

5 Number of U.S. retail prescriptions dispensed 1 Word file for generics, brands, branded-generics, and Sent to Project Officer 7/1/2015 or ASAP other branded-generics.

6 Out of Pocket cost at retail pharmacies 1 Excel file 7/1/2015 or ASAP Sent to Project Officer

7 National Sales Perspective 1 Excel file 7/1/2015 or ASAP Sent to Project Officer 8 Top 200 Branded and 1 Excel file 7/1/2015 or ASAP Top 200 Generic drugs Sent to Project Officer

9 Documentation of revisions Sent to Project Officer 7/1/2015 or ASAP

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA (TO BE DETERMINED ON A TASK ORDER

LEVEL)

The following accounting and appropriation data represents the funding certification for this contract:

Requisition # CAN Appropriation # Object Class Dollar $

TBD TBD TBD TBD TBD

G.2 PAYMENTS - INVOICES (FIRM FIXED PRICE CONTRACTS (JAN 2013)

a. GENERAL: The Contractor may submit to the Government an invoice for payment in accordance with the instructions below.

b. METHOD OF PAYMENT: CMS shall only make an electronic payment of invoices in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – System of Award Management. In order to receive payments, the contractor shall register in the System of Award Management (SAM) database in accordance with FAR 52.204-7 System of Award Management. Failure to register in the SAM may prohibit CMS from making payments to your organization.

ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all EFT and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

c. CONTENT OF INVOICE - Invoices shall include, at a minimum:

• Contractor’s name and address;

• Contractor’s Tax Identification Number (TIN);

• Contractor’s DUNS Number;

• Invoice date;

• Contract Payment Category- TBD

• Contract Payment Category (Type II )-

• Contract and Order Number, as applicable;

• Contract line item number and/or Subcontract line item number;

• Description, quantity, unit of measure, unit price and extended price of the items actually delivered or services rendered;

• Shipping and payment terms;

• Terms of any discount for prompt payment offered;

• Other substantiating documentation or information as required by the mailto:CCRChanges@cms.hhs.gov contract;

• Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent;

• Name, title, phone number of person to be notified in the event of a defective invoice; and,

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

d. MAILINGS: Invoices shall be submitted as follows:

1. ELECTRONIC MAIL: The contractor shall submit an electronic copy of the invoice to both of the following individuals:

• Contract Specialist – erin.sparwasser@CMS.HHS.Gov; and

• COR - joseph.benson@CMS.HHS.Gov.

2. REGULAR MAIL: An original and one (1) hard copy shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

3. OVERNIGHT MAIL: If the contractor chooses to use an overnight mail carrier, the original and one (1) hard copy of the invoice shall be submitted to the address below:

Department of Health & Human Services

OFM/Division of Accounting Operations 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

e. PAYMENTS: The Government shall make payment of all invoices in accordance with FAR 52.232-1 Payments, upon acceptance by the Contracting Officer’s Representative (COR) in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval, as appropriate.

Reimbursement for invoices submitted under this contract shall be made no later than thirty (30) calendar days after receipt of an acceptable invoice from the Contractor in the copies requested at the paying office designated above.

Any discrepancies determined as a result of the audit could delay the processing of the invoice and may result in the invoice being returned to the Contractor for corrections.

mailto:erin.sparwasser@CMS.HHS.Gov mailto:joseph.benson@CMS.HHS.Gov

f. INTEREST ON OVERDUE PAYMENT

The Prompt Payment Act, Public Law 97-177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an invoice by the Division of Accounting Operations.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The following Contracting Officer‘s Representative (COR) will represent the Government for the purpose of this contract:

Joseph Benson

Project Officer Centers for Medicare and Medicaid Services Office of the Actuary, N3-02-02 7500 Security Blvd.

Baltimore, MD 21244-1850

The Contracting Officer‘s Representative (COR) is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction in accordance with Section G-6; and, (7) reviewing of invoices/vouchers.

The COR does not have authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Contracting Officer‘s Representative (COR) designation.

G.6 TECHNICAL DIRECTION

a. Performance of the work under this contract shall be subject to the technical direction of the COR. The term “Technical Direction” is defined to include, without limitation, the following:

1. Directions to the Contractor that redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

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

3. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

b. Technical direction must be within the general Statement of Work stated in the contract. The Contracting Officers Representative does not have the authority to, and may not issue, any technical directions which:

1. Constitutes an assignment of additional work outside the general

Statement of Work of the contract.

2. Constitutes a change as defined in:

52.243-1 CHANGES - FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

52.243-2 CHANGES - COST-REIMBURSEMENT (AUG 1987) -- ALTERNATE I

(APR 1984)

52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

3. In any manner causes an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance.

4. Change any of the expressed terms, conditions, or specifications of the contract.

c. All technical direction shall be issued in writing by the Contracting Officers Representative or shall be confirmed by him/her in writing within 5 working days after issuance.

d. The Contractor shall proceed promptly with the performance of technical direction duly issued by the Contracting Officer Representative in the manner prescribed by this article and within his/her authority under the provisions of this article.

e. If, in the opinion of the Contractor, any instruction or direction issued by the

COR is within one of the categories as defined in (b) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract, accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract. The Contractor shall thereupon proceed immediately with the instructions or direction or upon the contract action to be taken with respect thereto and shall be subject to the provision of the contract clause entitled "Disputes."

G.7 CONTRACTING OFFICER RESPONSIBILITY

In accordance with FAR 52.202-1 Definitions (JUL 2004), the term Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority delegated by the Contracting Officer.

Notwithstanding any of the other provisions of this Contract, the Contracting Officer shall be the ONLY individual authorized to:

a. enter into and commit/bind the Government by contract for supplies or services;

b. accept nonconforming work or waive any requirement of this Contract;

c. authorize reimbursement to the Contractor for any costs incurred during the performance of the Contract, and

d. modify any term or condition of this Contract, i.e., make any changes in the

Statement of Work; modify/extend the period of performance; change the delivery schedule.

G.8 HHSAR 352.242-70 KEY PERSONNEL (JAN 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

All proposed substitutions must be submitted, in writing, to CMS at least thirty (30) days prior to the proposed substitution or as soon as reasonably known. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume and any other information required by CMS. All proposed substitutions must have qualifications equal to or greater than the person(s) being replaced.

When key personnel positions are vacated due to unforeseen circumstances, a proposed replacement shall be submitted in writing for approval no later than 30 calendar days from the date the position was vacated. Interim replacements should be identified when a permanent replacement cannot be identified within this time frame.

The Centers for Medicare & Medicaid Services (CMS) may consider a 60-day interim replacement until a permanent replacement is secured.

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

NAME LABOR CATEGORY

TBD TBD

G.9 SUBCONTRACT CONSENT

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

(b) To facilitate the review of a proposed subcontract by the Contracting Officers Representative and the Contracting Officer, the Contractor shall submit the information required by the FAR Clause 52.244-2 (JUN 2007) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the Contracting Officers Representative 's recommendation and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

(c) Consent is hereby granted to the following subcontract(s):

TBD

Sub-contractors must have an adequate accounting system that has been previously audited by another Federal Agency if a cost reimbursement type of contract is considered. If proof is not immediately available, the prime must evaluate a firm fixed priced type of contract. This will be evaluated on a task order level.

G.10 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

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

however, the Contracting Officer may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

Upon the request of the Contracting Officer or the expiration date of this contract, whichever shall come first, the Contractor shall, upon instructions from the Contracting Officer, return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the data be retained by the contractor for a specific period of time, which period shall be subject to agreement by the Contractor.

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

G.11 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

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

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

c. Any questions about use or release of the data or information or handling of material under this contract shall be referred to the Contracting Officer who must render a written determination. The Contracting Officer's determinations will reflect the results of internal coordination with appropriate program and legal officials.

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

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

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

f. The COR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending material is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated.

g. If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the COR shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation.

h. The Contractor agrees to acknowledge support by CMS whenever reports of projects funding, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgement substantially, as follows:

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

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

G.12 DATA TO BE DELIVERED

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

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

G.13 PROPERTY ADMINISTRATION

a. General:

The CMS Contract Property Administrator, Property and Distribution Management Section, Division of General Services, at (410) 786-6462, located at 7500 Security Blvd., Baltimore, Md. 21244, is hereby designated the property administration function for this contract. The Contractor agrees to furnish information regarding Government Property to the Property Administrator in the manner and to the extent required by the Property Administrator, his duly designated successors, and in accordance with FAR Part 45 and DHHS Manual entitled, Contractor's Guide for Control of Government Property, (2007).

If equipment is procured in order to provide services, CMS will retain title to the equipment. CMS must be notified as part of the itemized billing arrangement if there is an equipment acquisition, included in the cost of the contract.

All original tapes, video, CD ROM(s), manual, brochures, pamphlets shall remain the property of the CMS. The Contractor shall provide to CMS all final, complete and editable web-based training course files.

This will be determined on a Task Order level.

G.14 CONTRACTOR PERFORMANCE EVALUATION(S)

In accordance with Federal Acquisition Regulation (FAR) 42.15, CMS will complete annual and final Contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final Contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.gov. CMS will register the Contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor‘s primary and alternate CPARS contacts. Once CMS registers the Contractor in CPARS, the Contractor will receive an automated CPARS email message that contains User IDs and instructions for creating a password.

Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by CMS. Any disagreement between the Contracting Officer and the Contractor will be referred to the Deputy Director, CMS Office of Acquisition and Grants Management, whose decision will be final.

Copies of each performance evaluation and Contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.gov. There is no fee for registration or use of the CPARS.

G.15 PAYMENT SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS

(a) Travel Costs (Including Foreign Travel)

The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46.

(b) Facilities Capital Cost of Money

In accordance with HHSAR 315.404-4, when facilities capital cost of money is included as an item of cost, a reduction in profit objective shall be made in an amount equal to the amount of facilities capital cost of money proposed/claimed http://www.cpars.gov/ http://www.ppirs.gov/ http://www.cpars.gov/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.252-1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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 clause may be accessed electronically at this address:

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

H.2 CMS CODE OF CONDUCT

A. Smoking

Effective June 9, 2004, smoking is not permitted anywhere on the CMS single site campus. This includes all areas outside the building, such as off-site facility, entranceways, sidewalks and parking areas. Smoking will not be permitted anywhere in Regional Offices or Washington, D.C. Office locations unless permitted by GSA guidelines or local landlord requirements. Contractor employees are subject to the same restrictions as government personnel. Fines up to $50 per occurrence will be issued and enforced by the Federal Protective Service.

B. Dress

The preferred dress codes at CMS facilities are professional attire, business attire or business casual attire.

C. EEO Agency Policies

The contractor shall be held accountable to all standards of conduct defined in the Agency’s EEO policies as made available on the CMS website http://www.cms.gov/About-CMS/Agency- Information/EEOInfo/index.html.

D. Social Media

The following guidance refers to Facebook, Twitter, LinkedIn, Tumblr, MySpace, or any other form of social media or blogs.

As a representative of the Government while performing the work described within the stated contract or any task order as a result of the contract, the contractor, using his or her official contracted title or acting within the scope of http://www.arnet.gov/far/ http://www.cms.gov/About-CMS/Agency-Information/EEOInfo/index.html http://www.cms.gov/About-CMS/Agency-Information/EEOInfo/index.html the stated contracted title shall not participate in any aspects of the identified contracted work or results that this work created/posted on any social media platform unless directed by the Government.

Violating this directive will result in removal of that individual from the contract or task order.

H.3 RESTRICTIONS AGAINST DISCLOSURE

(a) The Contractor agrees to keep all information it gathers or analyzes or information the Government in the course of this contract/task order/delivery order furnishes in the strictest confidence. The Contractor also agrees that Government-provided information marked "For Official Use Only," "Confidential", or "Proprietary" must also be similarly protected and shall take all reasonable measures necessary to prohibit access to such information by any such person other than those Contractor employees needing such information to perform the work, i.e., on a need-to-know basis.

(b) The Contractor shall immediately notify the Contracting Officer in writing in the event it has been determined or the Contractor has reason to suspect a breach of this requirement.

(c) The Contractor shall require that all employees and consultants who are given access to such information sign a confidentiality and nondisclosure statement agreeing to safeguard the confidentiality of all such information gathered or provided to them hereunder as an integral condition of their employment.

(d) Upon the Government's written request, the Contractor shall provide the Contracting Officer with plans and procedures to ensure the confidentiality and physical security of information gathered or provided hereunder.

(e) The Contractor may "gather and analyze" information that is not furnished or owned by the Government. Such information shall not be subject to the restrictions in this clause.

H.4 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

The information and direction provided in this section apply to the Prime and all-tier subcontractors. Information contained in this section complies with FAR 9.5 and may be considered in both pre-and post award Contracting Officer determinations.

The primary purpose of this is to aid in ensuring that the Contractor (1) does not have any unfair competitive advantage over other parties in the competition for this contract, and (2) is not biased because of its current or planned interest (financial, organizational, or otherwise) which relate to the work under this contract.

The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliate organizations or their successors in interest (hereinafter collectively referred to as the "Contractor") in the activities covered by this clause as a prime Contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity.

Advisory, consulting, analytical, evaluation, or study work, including the preparation of statements of work and specifications:

(i) If the Contractor performs advisory, consulting, analytical, evaluation, study, or similar work under this contract, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the Contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts.

Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the Contractor performs similar work. Nothing in this subparagraph shall preclude the Contractor from competing for HHS management and technical support services follow-on contracts.

(ii) If the Contractor under this contract assists substantially in the preparation of a Statement of Objectives or specifications, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such Statement of Objectives or specifications. The Contractor shall not incorporate its products or services in such Statement of Objectives or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

Access to the use of information:

(i) If the Contractor in the performance of this contract obtains access to information, such as HHS plans, policies, reports, studies, financial plans, or data which has not been released to the public, the Contractor agrees not to (a) use such information for any private purpose unless the information has been released to the public; (b) disclose such information for a period of six (6) months after the completion of this contract, or the release of such information to the public, whichever is first; (c) submit an unsolicited proposal to the Government which is based on such information until one (1) year after the release of such information to the public; or (d) release such information without prior written approval by the Contracting Officer.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data or other confidential technical, business or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

(iii) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it first produces under this contract for its private purposes provided that, as of the date of such use, all data requirements of this contract have been met.

Subcontracts. The Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The use of this clause in such subcontracts shall be read by substituting the word "Subcontractor" for the word "Contractor" whenever the word "Contractor" appears.

Remedies: For breach of the above restrictions or for non-disclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, the Government may, at no cost, terminate the contract, disqualify the Contractor for subsequent related contractual efforts, and pursue other remedies as may be permitted by law or this contract.

Waiver. Any request for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interest of the Government, the government shall grant such waiver in writing.

Definitions. The term "management and technical support services" includes any advice, assistance, analysis, consultation, evaluation, examination, report, review, study, survey, or similar assistance, including providing assistance in procurement and related activities, to support any program or their operations of CMS.

It is the responsibility of the contractor, at any time during the life of the contract, to identify if there is a perceived or real conflict of interest based upon the work under a particular task order, the umbrella contract and other work of the prime or subcontractors outside of this contract. With the reporting, the contractor must provide a mitigation plan subject to the Contracting Officer’s approval.

H.5 CONTRACTOR TERMINATION CMS BUILDING PASS

In the event that the contractor terminates an employee working on this contract, or an employee working on this contract voluntarily leaves the employment of the contractor and that employee has been issued a contractor’s badge by CMS for access to CMS Buildings; The contractor shall immediately take the following actions:

- Secure the CMS contractor’s badge from the employee;

- Formally advise the contracting officer that the individual is no longer an employee of the contractor, and;

- Return the badge with the notification to the contracting officer.

H.6 SECURITY CLAUSE-BACKGROUND-INVESTIGATIONS FOR CONTRACTOR PERSONNEL

A. If applicable, Contractor personnel performing services for CMS under this contract, task order or delivery order shall be required to undergo a background investigation. CMS will pay for the background investigations.

B. After contract award, the CMS COR and the Emergency Management &

Response Group (EMRG), with the assistance of the Contractor, shall perform a position-sensitivity analysis based on the duties contractor personnel shall perform on the contract, task order or delivery order. The results of the position-sensitivity analysis will determine first, whether the provisions of this clause are applicable to the contract and second, if applicable, determine each position’s sensitivity level (i.e., high risk, moderate risk or low risk) and dictate the appropriate level of background investigation to be processed. Investigative packages may contain the following forms:

1. SF-85, Questionnaire for Non-Sensitive Positions, 09/1995

2. SF-85P, Questionnaire for Public Trust Positions, 09/1995

3. OF-612, Optional Application for Federal Employment, 12/2002

4. OF-306, Declaration for Federal Employment, 01/2001

5. Credit Report Release Form

6. FD-258, Fingerprint Card, 5/99, and

7. CMS-730A, Request for Physical Access to CMS Facilities (NON-CMS ONLY), 11/2003.

C. The Contractor personnel shall be required to undergo a background investigation commensurate with one of these position-sensitivity levels:

(i) High Risk (Level 6)

Public Trust positions that would have a potential for exceptionally serious impact on the integrity and efficiency of the service. This would include computer security of a major automated information system (AIS). This includes positions in which the incumbent’s actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned government activities, whether or not actual damage occurs, particularly if duties are especially critical to the agency or program mission with a broad scope of responsibility and authority.

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