Amendment_6-SECTION_L.pdf

HHSM-500-2013-RFP-0030

Medicare Part A Provider Appeals (MPAPA) Request for Proposal (RFP) Amendment 000006

SECTION L – PROPOSAL INSTRUCTIONS

L.1 PROCUREMENT TIMELINE: (Dates are estimates)

Solicitation issued August 7, 2013 Questions on solicitation received August 19, 2013

Answers to questions provided via amendment August 27, 2013 Notice of Intent to Submit Proposals August 15, 2013

Receipt of proposals due date September 6, 2013 Past Performance Questionnaire(s) due September 13, 2013

Start of Oral Presentations November 4, 2013 Contract award date TBD

L.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation is applicable to the provisions stated in 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE and is hereby incorporated by reference with the same force and effect as if provided in full text. Upon request, the Contracting Officer will make the full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov.

Federal Acquisition Regulation (FAR) Clauses:

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 2012)

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

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data (OCT 2010), Alternate III (OCT 1997) – Submit the cost proposal IAW Section L.10. (Large Businesses Only)

52.215-22 Limitations on Pass-Through Charges—Identification of Subcontract Effort (OCT 2009)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (FEB 1999)

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997)

Health and Human Services Acquisition Regulations (HHSAR)

Any resultant contract shall include the FAR clauses applicable to the selected Offeror's organization and type of contract award. Copies of the FAR clauses may be obtained by visiting http://www.acquisition.gov/far or by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included at time of award.

L.3 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL

BUSINESS STANDARD

http://www.acquisition.gov/ http://www.acquisition.gov/far

Request for Proposal (RFP) Amendment 000006

a. The NAICS code for this acquisition is 541990.

b. The small business size standard is $14 million.

c. The assigned NAICS code is assigned to the Prime contractor, BUT the Prime should then assign the NAICS code for their Subcontractors which would be based on the type of work they will be performing under the contract. The NAICS code may or may not be the same as the Prime contractor’s code. The subcontractors NAICS code will be shown in the Subcontract Checklist, Attachment J.9, Attachment A, Item number 8.

L.4 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2004)

(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;

Request for Proposal (RFP) Amendment 000006

(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.

https://www.acquisition.gov/far/current/html/52_215.html#wp1144511 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169636

Request for Proposal (RFP) Amendment 000006

(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. (FAR deviation authorized by HHSAR 315.209(a))

(1) The proposal submitted in response to this request may contain data (trade secrets; business data (e.g., commercial information, financial information, cost and pricing data); and technical data) which the offeror, including its prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted;

provided, that the Government determines that the data is not required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, as amended, and the offeror marks the cover sheet of the proposal with the following statements, specifying the particular portions of the proposal which are to be restricted:

‘‘Unless disclosure is required by the Freedom of Information Act, 5 U.S.C. 552, as amended, (the Act) as determined by Freedom of Information (FOI) officials of the Department of Health and Human Services (HHS), data contained in the portions of this proposal which the offeror has specifically identified by page number, paragraph, etc. as containing restricted information shall not be used or disclosed except for evaluation purposes.

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

If a contract is awarded to the offeror as a result of, or in connection with, the submission of this proposal, the Government shall have the 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 must mark each page of data it wishes to restrict with the following statement:

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

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

(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 sub-factors 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 without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’ s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government http://www.law.cornell.edu/uscode/5/552.html http://www.law.cornell.edu/uscode/5/552.html https://www.acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088919

Request for Proposal (RFP) Amendment 000006 reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 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.

(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 sub-line 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.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government anticipates the award of a single Cost-Plus-Fixed-Fee (CPFF) contract resulting from this solicitation. However, the Contracting Officer reserves the right to choose another contract type if it is in the best interest of the Government to do so.

L.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

Request for Proposal (RFP) Amendment 000006

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, Centers for Medicare and Medicaid Services

OAGM/ASG/DPIFMC

Attn: Mr. Edward Rutherford, Contracting Officer 7500 Security Boulevard, M/S B3-30-03 Baltimore, MD 21244-1850 by obtaining written and dated acknowledgment of receipt from Mr. Edward M.

Rutherford located at the above address.

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

L.7 FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows: [X] None at this time.

L.8 GENERAL INSTRUCTIONS

A. Award Description: The Government anticipates issuance of a cost-plus-fixed-fee type contract with a base year and four (4) option years. Payment terms for this cost-plus fixed-fee type contract will be based on the negotiated not-to-exceed ceiling amount and the payment schedule outlined in Section B.3.

B. General Procedure: The offeror’s proposal shall be submitted in three (3) separate volumes:

1. Volume I - Business (Cost) Proposal – 2 sections

2. Volume II – Limited Written Technical Proposal

3. Volume III-Organizational Conflict of Interest (OCI) and Compliance Program

Each of these parts shall be separate and complete in and of itself so that the evaluation of one may be accomplished independently of the evaluation of the other. The limited written technical proposal and oral presentation must not contain reference to price/cost, however, resource information such as data concerning labor hours and categories, materials, and subcontracts may be contained in the technical proposal so that the understanding of the scope of work may be evaluated.

Each proposal submitted on a compact disc (CD) or DVD shall be submitted in Microsoft Office Word, unless otherwise noted. Signed documents such as conflict of interest may be submitted in Adobe Acrobat or “PDF” format. Organizational charts may be provided in PowerPoint. Cost proposal spreadsheets shall be submitted in Microsoft Excel.

C. All transmitted information marked proprietary shall be treated as such. Therefore, businesses should identify any proprietary information in their RFP response. The information received will neither

Request for Proposal (RFP) Amendment 000006 be distributed nor discussed with any other organization(s). The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

D. When/Where/How Many to Submit: Please submit two (2) hard copies and four (4) (Compact Disks (CDs)/DVDs of each volume no later than 11:00 AM (local prevailing time (Baltimore) on September 6, 2013 to:

CMS, OAGM/ASG/DPIFMC

Attn: Ella Curtis, Contract Specialist, 7500 Security Blvd, Mailstop B3-30-03 Baltimore, MD 21244 Ref: HHSM-500-2013-RFP-0030 Email: Ella.Curtis@cms.hhs.gov Phone: 410-786-1227

Hand carried proposals may be delivered no later than 11:00 AM on local prevailing time (Baltimore) to:

CMS, OAGM/ASG/DPIFMC

Attn: Ella Curtis, Contract Specialist 7111 Security Blvd. Baltimore MD 21244 Ref: HHSM-500-2013-RFP-0030 Email: Ella.Curtis@cms.hhs.gov Phone: 410-786-1227

Designated Alternate Point of Contact:

In case Ms. Curtis is not available for hand-carried proposal receipt, please contact:

CMS, OAGM/ASG/DPIFMC

Tracy Amos, Contract Specialist 7111 Security Blvd. Baltimore MD 21244 Ref: HHSM-500-2013-RFP-0030 Email:Tracy.Amos@cms.hhs.gov Phone: 410-786-4815

The Centers for Medicare and Medicaid Services (CMS) is located in a secure building, at the Boulevard Place Shopping Center, directly behind Panera Bread, State Employees Credit Union (SECU) and BB&T Bank. When hand-delivering proposals in response to CMS solicitations, Offerors should allow ample time for the Security Guards to contact the point person to receive proposals. Offerors are advised that the CMS mailroom accepts mail from the United States Postal Service (USPS), United Parcel Service (UPS) and Federal Express. However, when utilizing overnight mail carriers, you are cautioned that you must allow ample time for the proposal to be delivered to the Contract Specialist by the overnight carrier by the time specified in the RFP, given the lag of time between mailroom delivery and Contract Specialist receipt.

Emailed submission of your proposal will not be accepted.

E. Section M, Evaluation Factors for Award: The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M, Evaluation Factors for Award, of this solicitation.

mailto:Ella.Curtis@cms.hhs.gov mailto:Email:%20Ella.Curtis@cms.hhs.gov mailto:Email:Tracy.Amos@cms.hhs.gov mailto:Email:Tracy.Amos@cms.hhs.gov

Request for Proposal (RFP) Amendment 000006

F. 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.

G. Late Proposals: Late proposals will be handled in accordance with FAR 52.215-1, Instructions to Offerors – Competitive Acquisition. For this provision, a proposal includes all proposal submissions from the contractor and its subcontractors (i.e., electronic copies/submissions) to all recipients identified in this solicitation.

H. Compact Discs (CDs)/DVDs: CMS is transitioning to a paperless environment for this procurement;

therefore, all volumes (with the exception of 2 hard copies) shall be submitted in an electronic format.

Electronic format, as it pertains to this solicitation, means compact disc (CD) or DVD. Each proposal shall be compatible with Microsoft Office Suite 2010. Offerors shall submit proposals as follows:

1. Each CD/DVD shall clearly identify each volume, COPY # of , solicitation number, Offeror’s name, address and contact information.

2. If the material for a volume requires more than one CD/DVD, then that volume shall be labeled with the name and number of the volume and CD/DVD number (i.e., Technical Proposal, Part I, CD/DVD 1 of #). The original of each Volume shall be marked ORIGINAL and all other copies shall be marked COPY # of .

3. Offerors shall label boxes/envelopes with the Offeror’s name, and box of .

4. CMS will not be liable for the inability to read and/or evaluate a proposal that is incompatible with Microsoft Office Suite 2010.

5. Signatures: The proposal documents requiring a signature(s) shall be submitted electronically

(e.g. scanned).

6. The Offeror is encouraged to include language regarding the distribution and/or permissions of individual electronic signatures.

7. IT Security: The Offeror shall certify that each electronic submission (CD/DVD) has been checked for viruses using a current version (no older than 6 months) of virus detection software and, is virus-free. The certification shall identify the virus detection software and version.

8. CMS will not be liable for the failure to read and/or evaluate a proposal that contains a virus and/or similar problem.

I. Labeling: Each submission shall have an exterior label with the Offeror’ s name, the solicitation number, proposal volume/title, date of submission and version i.e. original or final revised (when applicable). In addition, to the exterior label, each volume shall include a file illustrating the table of contents which, clearly identifies each file on the CD/DVD as well as the contents of each file.

J. Amendment/Cancellation: CMS reserves the right to amend or cancel the solicitation as necessary to meet CMS requirements.

K. Page Size, Typing, Spacing and Page Numbering:

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

2. The proposal shall be page numbered.

3. Type size shall not be less than 12-point font type Times New Roman. Charts, graphs, and tables may be no less than 8-point font Times New Roman.

4. 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.

Request for Proposal (RFP) Amendment 000006

5. For Excel charts the scaling may not be lower than 75%.

L. Intent to Submit a Proposal (See Attachment J.6) The Offeror shall indicate its intent to submit a proposal for this solicitation no later than 3:00 PM on August 15, 2013. This notice shall be submitted via e-mail to the following address: Ella.Curtis@cms.hhs.gov. The intent to submit a proposal is not binding. It is for planning purposes only. Failure to indicate intent to submit a proposal does not preclude an Offeror from submitting a proposal. At a minimum, the Offerors shall provide the name of the company/entity intending to submit a proposal, appropriate point of contact including name, title, address, e-mail and phone number.

L.9 SOLICITATION QUESTIONS

All questions concerning this formal Request for Proposal shall be submitted electronically in a Microsoft Word Document. Questions shall be received by Ella Curtis, Contract Specialist, by 3:00 PM Eastern Time on August 19, 2013. Answers to questions that CMS determines to be necessary for proposal preparation will be conveyed in the form of a solicitation amendment and posted on the Federal Business Opportunities website (www.fbo.gov) on or about August 27, 2013. Technical questions submitted by telephone or verbally will not be honored.

The Offeror shall put in the Subject Line of the e-mail “MPAPA Solicitation Question(s).” Please group your questions by RFP contract sections and submit each group of questions as a Microsoft Word document attachment to the following address: Ella.Curtis@cms.hhs.gov. The file name of the word document shall include the offeror’s name.

Submission of questions shall include at a minimum, company name, address, point of contact, phone number and:

EACH question submitted by the Offeror shall be numbered and include:

1. Identification of reference of one of the following: General Solicitation

SOW

2. Statement of Work (SOW) section number and/or title (including subparagraph designations) and title being referenced, as applicable.

3. Solicitation section number and/or title (including subparagraph designations) being referenced, as applicable.

4. Complete description of the question.

NOTE: Questions submitted in chart or graph format will not be accepted.

Request for Proposal (RFP) Amendment 000006

L.10 PROPOSAL ORGANIZATION (EACH TAB WILL BE INDIVIDUALLY

IDENTIFIED.)

A. VOLUME I - BUSINESS PROPOSAL: The Business Proposal shall consist of the following elements, at a minimum:

Volume I, Section 1 – Administrative Data

TAB A Table of Contents

TAB B Contract Forms, and Representations and Certifications (Prime only)

TAB C Indirect Cost Rate Agreement and Rate History

1. The Offeror shall provide a rate history for direct and indirect rates for the last two fiscal years. If they are not available or do not exist, a statement to this effect shall be made. The Contractor shall also provide a copy of any forward pricing rate agreements and government approved indirect cost rate agreements used in pricing herein.

2. If the Contractor has no prior history of government approved indirect cost rates, then support documentation consisting of; prior 2 years and a current year operating budget; and, a forecast covering the anticipated period of performance shall be submitted. The budget should also detail the indirect expenses and show the relationship of direct labor (or other indirect expenses allocation bases) to sales projections. (Source: DCAAP 7641.90)

3. Indirect Cost Rates: In accordance with FAR 42.707, entitled “Cost Sharing Rates and

Limitations on Indirect Cost Rates,” CMS will establish indirect cost ceilings in the contract. The indirect cost ceilings will be established at 3% above the indirect rates negotiated prior to award. For example, if an indirect rate is negotiated at 10%, then the ceiling rate would be 13%.

Reimbursement will be limited to no more than the negotiated indirect cost ceilings established in the contract. The Government has no obligation to pay any additional amount to the contractor should the final indirect cost rates exceed the negotiated ceilings as stated in the contract.

TAB D. Other Administrative Data:

TAB D.1 General: The Offeror’s proposal must stipulate that it is predicated upon all the terms and conditions of this RFP. In addition, it must contain a statement to the effect that it is firm for a period of at least 240 days from the date specified for receipt of offers by the Government.

Request for Proposal (RFP) Amendment 000006

TAB D.2 Statement on the Offeror’s Financial Capability: The Offeror’s proposal must indicate whether it has the necessary financial capacity, working capital, and other resources to perform the contract without assistance from any outside source (If not, indicate the amount required and the anticipated source).

TAB D.3 Financial Statements: Include a copy of your audited financial statements for the past 2 fiscal years. If an audited financial statement is not available, provide the most recent revised, compiled or internally-prepared financial statement.

Offerors that are newly formed shall submit the financial statements of the parent company (ies).

TAB D.4 Uncompensated Overtime (FAR 52.237-10) – The Offeror is required to include a copy of its policy on “uncompensated overtime” with its proposal.

Uncompensated overtime is defined as “hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act.”

TAB D.5 Total Compensation Plan (FAR 52.222-46) - The Offeror shall submit a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

TAB E. Consent to Subcontract Checklist (Offerors shall submit Attachment J.9 for each subcontractor proposed)

A copy of the subcontract agreement which includes, at a minimum:

(1) The supplies or services to be subcontracted with identification of associated

SOW tasks for the specific task order;

(2) Identification of the type of subcontract to be used (e.g. Time and Material, Firm Fixed Price);

(3) Proposed subcontract price; and,

(4) Flow down of appropriate FAR and prime contract clause from prime contractor.

(5) Certificate of Current Cost or Pricing Data; as appropriate,

(6) Subcontract 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) The reason cost or pricing data were or were not required;

(d) The extent, if any, to which the Offeror relied on the subcontractor’s cost or pricing data in determining the price objective and in negotiating the final price;

(e) The extent to which it was recognized in the negotiation that the subcontractor’s cost and pricing data were not accurate, complete or

Request for Proposal (RFP) Amendment 000006 current; the action taken by the Offeror and the subcontract; and the effect of any such defective data on the total price negotiated;

(f) The reasons for any significant difference between the Offeror’ s 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 decision used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(7) Extent to which adequate price competition was obtained, or justification for its absence.

(8) Statement as to whether the proposed subcontractor is in the Excluded Parties List System (EPLS).

TAB F. Adequate Accounting System: Offerors shall have accounting and estimating systems that are in compliance with applicable Contract Cost Principles and Procedures of FAR Part 31, Contract Cost Principles and Procedures. Offerors shall state if their practices used in estimating costs are consistent with their cost accounting practices used in accumulating, segregating and reporting costs.

The Contractor shall state whether or not they have an adequate accounting as approved by the government. If the contractor has an approved accounting system they shall provide a copy of the letter from the approving government agency stating that they have an approved accounting system; or the name of the agency, POC and telephone number. Having an accounting software system (e.g. Deltek, Quicken Books, etc.) does not mean an offeror’s accounting system is adequate. In the event that the Contractor does not have a government approved accounting system and/or have never had a government cost-reimbursement contract, the following information is required:

a. A Provisional Indirect Rate Submission package shall be prepared in accordance with (b) below. It should include all schedule detail and explanation for the basis and rationale of the indirect rates proposed.

b. The schedule and detail prescribed in the Publication DCAAP 7641.90 dated

January 2005, titled ‘Information for Contractors’ published by the Defense Contract Audit Agency. (Attachment J.12) This publication is only a guide and the specific contractor’s situation must be used in preparing the Provisional Rate Package. Specific examples of the detail required are covered in Chapter 5 of the aforementioned document.

c. Provide information that describes the basis and relationships of the proposed indirect expense rates including overhead, general and administrative, material and fringe benefits amounts, if applicable. (Source: DCAAP 7641.90,

pp. 25)

Request for Proposal (RFP)

An offeror will be determined to be non-responsive if their accounting system is inadequate for determining costs applicable to the contract at time of award.

See FAR 16.301-3(a)(e).

Volume I, Section 2 – Business Proposal

Business Proposal Spreadsheet Instructions. (The business proposal spreadsheets shall be set up to print on standard letter size paper (8.5 x 11).

a. Cost Assumptions Offerors shall use the following overall assumptions when developing their cost proposal:

Please see sampling for bidding purposes only; not reflective of actual stats:

1,700 individual appeal requests received during the year 150 group appeal requests received during the year 50 group cases were closed during the year; jurisdictional documents were submitted to the lead contractor Filed 1,300 individual position papers and 100 group position papers 2,000 cases were resolved prior to an actual live PRRB hearing 40 live hearings before the PRRB Received 25 discovery requests Jurisdiction challenged on 100 individual cases Received 90 Expedited Hearing Requests

For estimating purposes, assume the figures above are used for Option Years as well.

The Offeror shall use the business proposal spreadsheet (Exhibit E.1) provided. The business proposal spreadsheet indicates the levels of proposed costs that are to be provided to the extent that an Offeror’s accounting system is able to capture cost data for that particular section.

TAB A: Table of Contents:

Offerors shall include a Table of Contents that identifies and clearly labels the various business proposal narrative sections.

TAB B. Business Proposal Assumptions: Offerors shall provide all proposal assumptions in detail that are used in preparing their business proposal spreadsheet submission.

Assumptions should include rationale for all business proposal elements. For example, why was the labor category chosen, why the number of FTEs proposed for that labor category, etc.

The business proposal narratives shall be used to support the business proposal spreadsheet and include, at a minimum, the following:

Labor:

The Offeror’s proposed labor rates shall be supported with payroll information, letters of intent or salary survey information.

If the labor rates are escalated, the Offeror shall provide the escalation rate and the rationale for the proposed escalation rate.

The Offeror’s productive labor hours for exempt and non-exempt employees used to calculate the FTEs.

The Offeror shall provide detailed labor rationale by labor category and should describe how the basis of the hours was determined (e.g.

historical data, technical experience, etc.).

Travel:

The Offeror shall provide the basis of the estimate and detailed rationale for all travel including the detailed rationale for the chosen labor categories traveling. CMS should be able to understand from this narrative the reason for, rationale for and importance of the travel. The Offeror shall submit a copy of their corporate travel policy.

The Contractor shall provide a brief explanation of how travel costs are reimbursed to employees within its organization, i.e. per diem allowance versus submitting receipts, etc.

ODCs:

The Offeror shall provide the basis of estimate and detailed rationale for each item of ODC.

Fee:

The Offeror shall provide the basis of estimate and detailed rationale for its proposed fee. The Offeror shall also disclose if any fees are added to the subcontractors.

Indirect Rates (Overhead Rate, General & Administrative, Fringe, etc.

as appropriate):

The Contractor shall provide the indirect cost rate percentages used for the contract, and what the rate is applied to, i.e. Fringe is applied to Direct Labor.

TAB C. Business Proposal Spreadsheets

Tab C.1- Exhibit E.1 - Listing direct labor, fringe benefits, other direct costs, including any travel, supplies, subcontractors, etc., overhead and general & administrative costs, and fee (if applicable).

Tab C.2 – Exhibit E.2 -Travel

Tab C.3 – Exhibit E.3 - Other Direct Costs.

The Offeror shall not submit the business proposal spreadsheets as “Read-Only.” Offerors shall refer to Exhibit E.1, Business Proposal Spreadsheet instructions (First tab – labeled Summary), to complete this exhibit. The Offeror and the subcontractor shall use the business proposal spreadsheet (including all tabs in the spreadsheet) for all costs and include the following:

Labor (Exhibit E.1): Offerors shall provide labor rates for all labor categories that are expected to be used in the performance of the contract. For each labor category please show the “number of labor hours times hourly labor rate equals resultant total dollar amount” by year. Subcontract direct labor shall be shown in the same manner (“number of labor hours times hourly labor rate equals resultant total dollar amount”), however, under the subcontract line item. Such labor rates shall be projected for the base year and all option years. Please also note that there is a column for Full Time Equivalent (FTE) levels. This is to help CMS understand the total number of FTES when multiple staff is accommodated in one line item. Please also provide the productive labor hours (yearly) for exempt and non-exempt employees used to calculate FTEs.

NOTE: The following SOW sections at a minimum, but not limited to shall be addressed in Exhibit E.1:

Task 1: Appeal Activities – PRRB Individual and Group Appeals Task 2: Appeal Activities – Intermediary Appeals Task 3: Other Requirements

Travel (Exhibit E-2) - All travel costs proposed shall be reimbursed on a cost reimbursement basis in accordance with the Federal Travel Regulation (FTR). The Contractor shall consolidate travel costs into one line item. However, a separate schedule (tab within Exhibit E.2) shall be provided for travel cost breakdown of proposed travel expenses consisting of the following: “From” and “To” cities, number, types and purpose of trips, number of travelers, including labor category title and head count if known, duration of trip for each destination, mileage, per diem, air fare, and miscellaneous expenses.

Other Direct Costs (ODCs) (Exhibit E-3): These include materials, equipment, etc. The Offeror shall consolidate ODCs into one line item. However, a separate schedule (tab within Exhibit E.1B) shall be provided to breakdown ODCs. The separate schedule shall provide a detailed itemization of each

ODC.

Subcontracts: The Offeror shall provide subcontract cost information per subcontractor as prescribed above under “Labor.” In addition, all proposed subcontractors shall submit a separate and complete business proposal spreadsheet in the same format as the Offeror’s business proposal spreadsheet no matter the dollar value. Subcontractor submissions sent directly to CMS will be considered late IAW FAR 15.208 if not received by the due date specified in Section L.1. Subcontractors may submit their business proposal spreadsheet showing the breakdown of costs to CMS in a separately sealed package.

(NOTE: For this Volume and Section only Subcontractors and Consultants are to be one and the same.

Unless specified otherwise)

Indirect Rates: The Offeror shall provide the indirect rates as applicable along with the relative percentages on the business proposal spreadsheet.

Request for Proposal (RFP) Amendment 000006 Fee: The Offeror shall provide each fee separately along with the relative percentages on the business proposal spreadsheet.

Summary Rollup of All Costs: In addition to the individual contract line item summaries the Offeror shall include a summary sheet inclusive of all costs, FTEs, hours and place of performance (tab within Exhibit E.1).

Tab D. Equipment and Property

(a) Equipment to be purchased: If additional equipment must be acquired, you must include in your business proposal the description and estimated cost of each item and whether you propose to furnish the item with your own funds.

(b) Government Property:

a. It is the Department of Health and Human Services’ (HHS) policy that contractors provide all equipment and facilities necessary for performance of the contract; however, in some instances, an exception may be granted to furnish government-owned property or to authorize a purchase with contract funds.

b. You must identify all government-owned property in your possession and all property acquired from federal funds, to which you have title, which is proposed to be used in the performance of the prospective contract.

c. The management and control of government property must be in accordance with HHS Publication OS-686 entitled, "HHS Contracting Guide for Contract of Government Property,” found at http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix%20Q_HHS% 20Contracting%20Guide.pdf .

B. VOLUME II – TECHNICAL PROPOSAL

The written Technical Proposal is limited to 40 pages. Offerors must adhere to the page limits. Pages provided beyond the limit will be discarded and not reviewed or evaluated.

The following information shall be provided based on the SOW at Attachment J.1, and the information provided in Section M, Evaluation Criteria. Offerors’ proposals that simply repeat the requirements of the SOW and state “we will conform to the requirements as stated” are not acceptable and will be considered non-responsive.

The technical proposal shall consist of two parts: 1) a limited written technical proposal and 2) an oral presentation (see section L.11 for oral presentation information)

1. VOLUME II, Technical Proposal

Limited Written Technical Proposal (not to exceed 40 pages): The written technical proposal shall be submitted in a separate binder from the Business Proposal. See the SOW for workload assumptions. The total number of pages for the written technical proposal is limited to 40 pages http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix%20Q_HHS%20Contracting%20Guide.pdf http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix%20Q_HHS%20Contracting%20Guide.pdf

Request for Proposal (RFP) Amendment 000006 with the following exceptions noted for resumes and letters of commitment. The written technical proposal shall include ONLY the following information – No other written technical information will be considered. Offerors are cautioned that any page exceeding the 40 page limit will not be reviewed or evaluated. Please note that there are some sections listed below that are not included in the 40-page limit.

Specific instructions for each area required in the limited written technical proposal are as follows:

Tab A. Table of Contents (Not included in the page count)

Tab B. Technical Approach The Offeror shall document its knowledge of the SOW in terms of the concept, purpose, importance, and inherent problems in regards to the business process set forth in the SOW.

• Identification of Issues and Feasibility of Problem Resolutions o Approach to managing the contract o Identification of any issues or problems anticipated in performing the SOW requirements

• Knowledge of Medicare Part A Audit & Reimbursement The Offeror shall document its knowledge of Medicare Part A reimbursement systems, Medicare Part A reimbursement issues, Medicare Part A cost reports, analyzing Medicare Part A reimbursement issues, and how it plans to keep current on Medicare Part A reimbursement issues.

• Knowledge of Provider Reimbursement Review Board appeals o The Offeror shall document its proposed procedures for a PRRB case from receipt of an appeal request through submitting a post-hearing brief after a live PRRB hearing.

Tab C. Quality Control Plan

• The Offeror shall document how it will perform quality review of the work performed by its staff including type of work products that will be reviewed.

Tab D. Staffing Plan

• The Offeror shall document how it plans to provide and retain personnel that has the skills to meet the requirements outlined in the SOW.

• The Offeror shall document its proposed labor mix.

Tab E. Transition Plan

• The Offeror shall include the following in its transition plan o Obtaining electronic and paper case files [both open and closed cases] from the outgoing ASC along with storage of such files o Plan for managing deadlines, including PRRB hearings, scheduled during the transition period

The following requirements do not count against the 40 page limitation, but do have their separate page limits, as stated below:

Tab F. Resumes

The offeror shall include the names, proposed duties and resumes of key personnel and managers assigned to the project. Resumes are not included in the 40 page limitation;

however, resumes shall not exceed two pages each. The offeror shall provide a letter of commitment for each key personnel not currently employed by the offeror or subcontractor. Letters of commitment shall include the date of availability, how long the individual’s commitment is binding, and shall be signed by the individual and the offeror’s corporate authorized official. Letters of commitment are not included in the 40 page limitation; however, letters of commitment shall not exceed one page.

The government has identified required key personnel in section G.7. The offeror may propose personnel, in addition to the required key personnel identified, it believes should be designated as key in order to ensure successful contract performance.

Tab G. Past Performance

The Offeror shall demonstrate satisfactory performance (not corporate experience) on current and completed contracts of a similar nature. Offerors shall also submit the following information as part of its written technical proposal for both the offeror and proposed subcontractors (this information shall be included as an attachment which will not count towards the 40 page limit):

The offeror shall provide relevant Government or other agency (Government and non- Government) performance evaluations for the same or similar SOW effort for the past 2 years work for both itself and its subcontractors (Maximum of 2 per prime and 2 for each subcontractor proposed.) CMS will access the Past Performance Information Retrieval System (PPIRS) for all relevant Government performance history. However, the Offeror must identify for CMS in its written proposal, which evaluations are being referenced for this solicitation.

When providing non-PPIRS information, the contractor shall provide the following:

• Name of Contracting Activity

• Contract Number & Task Order Number, if applicable

• Contract Type

• Period of Performance

• Total Contract Value

• Brief Contract Description

• Contracting Officer/Contact Person, Address and Telephone

• Program Manager and Telephone

• Information on Problems Encountered and Offeror's Corrective Action (if applicable)

• A copy of each Performance Evaluation

Request for Proposal (RFP) Amendment 000006

• The Offeror shall identify the methods and outcomes of its evaluation of proposed subcontractors.

All Offerors – This list shall only include all contracts within the separate Business Unit where the MPAPA contract will be performed. Contracts listed shall include those entered into with the Federal Government, agencies of state and local governments and commercial customers.