HHSM-500-2013-RFP-00301_8-27-2013 _Amend_000001.pdf

HHSM-500-2013-RFP-0030

Medicare Part A Provider Appeals (MPAPA) Request for Proposal (RFP) Amendment 000001

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES and PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.2 TYPE OF CONTRACT

B.3 SCHEDULE

B.4 FIXED FEE SCHEDULE

B.5 INDIRECT COST RATES

SECTION C – DESCRIPTIONS/SPECIFICATIONS, WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING, MARKING, SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 INSPECTION AND ACCEPTANCE

E.3 APPROVALS BY THE CONTRACTING OFFICER’S REPRESENTATIVE

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

F.3 TIME AND PLACE OF DELIVERIES

F.4 PERIOD OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION

G.1. ACCOUNTING AND APPROPRIATION DATA

G.2 PAYMENTS-VOUCHERS Cost-Reimbursement Contracts (JAN 2013)

G.3 OTHER PROVISIONS APPLICABLE TO ALLOWABLE COSTS

G.4 A-133 INTERIM AUDITS

G.5 CLOSEOUT AUDITS FOR PROFIT AND NON-PROFIT ORGANIZATIONS

G.6 KEY PERSONNEL

G.7 CONTRACTING OFFICER’S REPRESENTATIVE

G.8 CONTRACTING OFFICER (CO)

Request for Proposal (RFP)

G.9 DESIGNATED GOVERNMENT CONTRACTING OFFICER AND CONTRACT SPECIALIST

G.10 PROPERTY ADMINISTRATION

G.11 CONSENT TO SUBCONTRACT

G.12 PAST PERFORMANCE DATABASE AND CENTRAL CONTRACTOR

REGISTRATION

G.13 CORRESPONDENCE PROCEDURES

G.14 TRAVEL COSTS

G.15 AUDIT OF HOURS

G.16 ON-SITE VISITS

G.17 WAGE DETERMINATIONS

G.18 FOOD COSTS

G.19 SECURITY CLAUSE-BACKGROUND INVESTIGATIONS FOR CONTRACTOR

PERSONNEL

G.20 USE OF GOVERNMENT - DATA (REPORTS/FILES/COMPUTER TAPES or DISCS)

G.21 DATA TO BE DELIVERED

G.22 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF

INFORMATION

G.23 WORKING PAPERS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONDITIONS FOR PERFORMANCE

H.2 ORGANIZATIONAL CONFLICT OF INTEREST

H.3 CONTRACT VIOLATIONS OR INTEGRITY ISSUES

H.4 COMPLIANCE PROGRAM

H.5 GENERAL MAILING REQUIREMENTS

H.6 HIPAA BUSINESS ASSOCIATE PROVISION

H.7 SECTION 508 - ACCESSIBILITY OF ELECTRONIC AND INFORMATION

TECHNOLOGY

H.8 REHABILITATION ACT, SECTION 508, ASSESSIBILITY STANDARDS

H.9 CMS INFORMATION SECURITY

H.10 GOVERNMENT APPROVAL OF MEETING/CONFERENCE/OTHER EVENT

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.3 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 1989)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Request for Proposal (RFP)

J.1 Medicare Part A Provider Appeals Statement Of Work J.2 Organizational Conflict of Interest Certificate (Will be incorporated by reference at time of award) J.3 Wage Determination(s) (Will be attached at time of award) J.4 Government Furnished Property-Reserved J.5 Non-Disclosure Statement J.6 Intent to Submit a Proposal J.7 Compliance Program Attestation J.8 Past Performance Questionnaire J.9 Consent to Subcontract Checklist J.10 CMS Guide for the Incident Reporting Process J.11 Request for Physical Access to CMS Facilities-CMS Form 730A

J.12 DCAAP7641.90

PART IV – REPRESENTATIONS AND INSPECTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

K.1 CONTRACTOR’S REPRESENTATIONS AND CERTIFICATIONS

K.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

K.3 FAR 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

K.5 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

K.7 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.8 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

K.9 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.10 FAR 52.227-15 RERPRESENTATION OF LIMITED RIGHTS DATA and RESTRICTED COMPUTER

SOFTWARE (MAY 2012)

K.11 FAR 52.230-1 COST ACCOUNTING STANDARDS AND CERTIFICATION (MAY 2012)

K.12 FAR 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICES CHANGES (APR

2005)

K.13 REPRESENTATIONS AND INSTRUCTIONS- FINANCIAL

SECTION L – PROPOSAL INSTRUCTIONS

L.1 PROCUREMENT TIMELINE

L.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

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

SMALL BUSINESS STANDARD

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

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

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

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

L.8 GENERAL INSTRUCTIONS

L.9 SOLICITATION QUESTIONS

Request for Proposal (RFP)

L.10 PROPOSAL ORGANIZATION

L.11 ORAL PRESENTATION INSTRUCTIONS

L.12 VOLUME III – ORGANIZATIONAL CONFLICT OF INTEREST AND COMPLIANCE PROGRAM

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL PROCEDURES FOR AWARD OF CONTRACTS

M.2 TECHNICAL EVALUATION CRITERIA

M.3 EVALUATION OF ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND

COMPLIANCE PROGRAM

M.4 BUSINESS PROPOSAL EVALUATION

Request for Proposal (RFP)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. DESCRIPTION OF SERVICES

The contractor shall perform national coordination of Provider Reimbursement Review Board [PRRB] appeal functions, intermediary hearing officer appeal functions, and provide other support as needed.

B.2. TYPE OF CONTRACT

As prescribed in FAR PART 52.216-1 “Type of Contract”, the Government intends to award a Cost- Plus- Fixed-Fee (CPFF) contract to a contractor with an adequate accounting system capable of accepting Government cost-type contracts. The Contracting Officer reserves the right to award any other type contract.

B.3 SCHEDULE

The following schedule delineates the estimated cost and fixed fee for each period of performance:

CLIN- Description Estimated

Cost Fixed- Fee

Total

CPFF

Period of Performance

Funded

CLIN 0001- Base Year SLIN 0001AA – 3 month transition

SLIN 0001AB – 9 month Operational

CLIN 0002-Option Year 1 CLIN 0003-Option Year 2 CLIN 0004-Option Year 3 CLIN 0005-Option Year 4

B.4 FIXED-FEE SCHEDULE

The Contractor shall voucher for payment in accordance with the instructions provided in Section G of this contract. The Contractor shall bill fee on a monthly basis and the Government shall make monthly payments of fee in accordance with FAR 52.216-8, entitled “Fixed-Fee” and the following schedule:

Schedule will be filled out at time of award

CLIN Period # Pmts Pmt per

MO

15% Withheld per Month

Total Payment per Month Less Fixed Fee

Total Payment Less Fee for Period

Total 15%

Withheld for

Period

Total Fixed Fee

CLIN 0001 Total

Request for Proposal (RFP)

* The final payment is $000,000 (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

B.5 INDIRECT COST RATES-ADVANCE UNDERSTANDING

Contractor Fiscal Year Indirect Cost Rate Description

Allocation Base FINAL Indirect Cost Rate Ceilings

Insert at Time of Award

Indirect Billing Rates

Pursuant to FAR 42.704, Billing Rates, and FAR Clause 52.216-7, Allowable Cost and Payment, the Government will reimburse allowable indirect costs at the contractor’s actual indirect costs rates experienced, annualized over the applicable fiscal year (referred to as billing rates), not to exceed the indirect cost rates ceilings established. To prevent substantial overpayment or underpayment in the contract, the contractor shall ensure that the billing rates are as close as possible to the final indirect cost rates anticipated for the contractor’s fiscal year. The contractor’s billing rates shall be superseded as follows:

• Final indirect cost rates are established by the Contracting Officer (CO), Cognizant Federal Agency Official (CFAO) or cognizant Audit Agency as applicable, not to exceed the indirect cost rate ceilings established in the advance understanding below, or

• The indirect provisional/billing rates are prospectively or retroactively revised by mutual agreement at either the Contracting Officer or contractor’s request, or,

• Upon contractor submittal of the certified final indirect cost rate proposal, where proposed indirect cost rates are lower than the billing rates, the contractor shall apply the lower proposed indirect cost rates (mutual agreement of the CO, CFAO or cognizant Audit Agency not required).

Indirect Cost Rate Ceilings - Advance Understanding

Pursuant to FAR Clause 52.216-7, Allowable Cost and Payment, this advance understanding sets forth indirect cost rate ceilings as delineated in the table above. Contractor reimbursement of allowable indirect costs by the Government is limited to the indirect cost rate ceilings.

Where billing rates exceed the indirect cost rate ceilings set forth in this advance understanding, the contractor shall only be reimbursed at the indirect cost rate ceilings. The Government is not obligated to pay any additional amount whereby indirect costs are incurred above the established indirect cost rate ceilings. The contractor shall not recoup amounts occasioned by the incurrence of indirect costs above the established indirect cost rate ceilings on other contracts or grants with the Government.

This advance understanding shall not change any monetary ceiling, contract obligation, or specific cost allowable or disallowance provided for in this contract.

Request for Proposal (RFP)

In accordance with FAR Clause 52.216-7, Allowable Cost and Payment, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified below:

Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health 6100 Building, Room 6B05 6100 Executive Blvd. MSC-7540 Bethesda, MD. 20892-7540

A. The period or periods for which such rates will be established shall correspond to the contractor’s fiscal year(s). The final rate proposal shall also be submitted to the Contracting Officer at:

1. Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Program Integrity & Financial Management Contracts Attn: Edward Rutherford, Mail Stop B3-30-03 7500 Security Boulevard Baltimore, MD 21244-1850 Phone: 410-786-6648 Email: edward.rutherford@cms.hhs.gov

2. And one electronic copy to:

ACQUISITIONDACCINCURREDCOSTSUBMISSION@cms.hhs.gov

(End of Section B) mailto:edward.rutherford@cms.hhs.gov mailto:ACQUISITIONDACCINCURREDCOSTSUBMISSION@cms.hhs.gov

Request for Proposal (RFP)

SECTION C – DESCRIPTIONS/SPECIFICATIONS, WORK STATEMENT

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, facilities, and supplies, not otherwise provided by the Government as needed to perform the requirements set forth in the Statement of Work, Attachment J1, and MPAPA List of Deliverables, SOW Appendix #1. The SOW is annotated and entitled “Medicare Part A Provider Appeals (MPAPA) Statement of Work.”

(End of Section C)

Request for Proposal (RFP)

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING, MARKING, SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

(End of Section D)

Request for Proposal (RFP)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 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:

https://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

52.246-5 INSPECTION OF SERVICES – COST-REIMBURSEMENT APRIL 1984

E.2 INSPECTION AND ACCEPTANCE

A. All work under this contract is subject to the inspection and final acceptance by the Contracting

Officer or the duly authorized representative of the Government.

B. The Contracting Officer’s Representative (COR) 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 referenced in Section E.1.

E.3 APPROVALS BY THE CONTRACTING OFFICER’S REPRESENTATIVE

All items to be delivered to the Contracting Officer’s Representative (COR) will be deemed to have been approved thirty (30) 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 acceptance or revision to the items submitted shall be within the general scope of the work stated in this contract.

(End of Section E)

Request for Proposal (RFP)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 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:

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER – Alternate I AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

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

F.2 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

The Contractor shall submit all required report(s)/deliverables in accordance with the MPAPA SOW.

Report(s) submitted under the contract shall reference the program name and contract number.

F.3 TIME AND PLACE OF DELIVERIES

A. The supplies/services to be furnished shall be delivered in accordance with the

MPAPA SOW Appendix #1, List of Deliverables.

B. Satisfactory performance under this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, in accordance with the stated delivery schedule.

F.4 PERIOD OF PERFORMANCE

The period of performance for this contract shall be a Base Year with Four (4) Option Years.

Base/Option Period CLIN Period of Performance Base CLIN 0001 TBD Transition SLIN 0001AA TBD Operational SLIN 0001AB TBD Option Year 1 CLIN 0002 TBD Option Year 2 CLIN 0003 TBD Option Year 3 CLIN 0004 TBD Option Year 4 CLIN 0005 TBD

(End of Section F)

Request for Proposal (RFP)

SECTION G - CONTRACT ADMINISTRATION

G.1. ACCOUNTING AND APPROPRIATION DATA

Mod

Requisition #

Appropriation #

CAN # Object Class

Amount

Base

TOTAL

G.2 PAYMENTS – VOUCHERS (Cost Reimbursement Contracts – JAN 2013)

a. GENERAL: The Contractor may submit to the Government a voucher or Standard

Form 1034, Public Voucher for Purchases and Services Other Than Personal, for payment in accordance with the instructions below.

b. METHOD OF PAYMENT: CMS shall only make an electronic payment for reimbursement of voucher submissions in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – Central Contractor Registration. In order to receive payments, the contractor shall register in the Central Contractor Registration (CCR) database in accordance with FAR 52.204-7 Central Contractor Registration.

Failure to register in the CCR 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 CCR via the following email address:

CCRChanges@cms.hhs.gov.

c. CONTENT OF VOUCHER - Vouchers shall include, at a minimum:

• Contractor’s name and address

• Contractor’s Tax Identification Number (TIN)

• Contractor’s DUNS Number

• Voucher Number to include the designation of the Contract Payment Category

Type as follows:

• Contract Payment Category Type (TBD upon award)

INVOICE/VOUCHER REVIEW/APPROVAL PROCESSING TIME FRAMES

Contract Payment Category Types ($ = Total Contract Value)

Days = Calendar Days

Type I Type II Type III Type IV mailto:CCRChanges@cms.hhs.gov

Request for Proposal (RFP)

• 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/cost of the items actually delivered or services rendered, i.e., Labor category and labor hours x labor rate = total direct labor dollars, subcontractor costs, travel, other direct costs, overhead rate(s), etc.;

• Shipping and payment terms;

• Terms of any discount for prompt payment offered;

• Other substantiating documentation or information as required by the 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 notified in the event of a defective voucher; and,

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

d. MAILINGS: Vouchers shall be submitted as follows:

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

• Contract Specialist – Ella.Curtis@cms.hhs.gov; and

• COR – Linda.Uzzle@cms.hhs.gov

2. REGULAR MAIL: An Original and one (1) hard copy of the voucher 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, TEAM

MEMBER

• All Small Businesses

(No $ Limit)

• All QIOs (No $ Limit)

All Other Contracts

(No $ Limit)

Simplified Acquisitions

$3K to $150K

All Large Business Prime Contracts with Small Business

Subcontractors (from July 11, 2012 through July 10, 2014)

Total Processing

Time

15 Days

Not-to-Exceed 30 days

30 Days

30 Days

28 Days

Not-to-Exceed 30 days mailto:Ella.Curtis@cms.hhs.gov mailto:Linda.Uzzle@cms.hhs.gov

Request for Proposal (RFP) the original and one (1) hard copy of the voucher 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 provisional payments on all vouchers

(pending the completion of a final audit of the Contractor's cost records) in accordance with -

• FAR 52.216-7, Allowable Cost & Payment, and

• FAR 52.232-1, Payments, and upon acceptance by the Contracting Officer’s Representative (COR) of the required supplies/services in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval.

Reimbursement for vouchers submitted under this contract shall be made not later than thirty (30) calendar days after receipt of an acceptable voucher 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 voucher and may result in the voucher being returned to the Contractor for corrections.

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 voucher 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.3 OTHER PROVISIONS- APPLICABLE ALLOWABLE COSTS

The following costs have been the subject of particular scrutiny in the past. CMS will determine the allowability of these costs, on a case-by-case basis, in accordance with OMB Circular A-122 and FAR Part 31. Contractors are cautioned to propose and account for these costs in accordance with these authorities.

Request for Proposal (RFP)

• The determination and reasonableness of accounting for costs as either direct or indirect;

• Acquisition, by purchase or lease, of any interest in real property;

• Special arrangement or alteration of facilities;

• Purchase or lease of any item of general purpose; office furniture or office equipment;

• DSL lines for employees working at home;

• Honorariums, whether incurred on a direct or indirect basis;

• Space allocation based on the GSA guidelines for analyzing the appropriateness of space.

• Prior approval must be obtained for anticipated Contractor participation in meeting/conferences whether held within the Contractor’s respective state or outside the state.

• Executive (Corporate Management) salaries, such as salaries paid to the CEO, COO, CFO and

CMO. In addition, the issue of properly accounting for executive salaries may be a factor in assessing the adequacy of a Contractor’s accounting system.

G.4 A-133 INTERIM AUDITS (for Non-Profit Contractors only)

For each non-profit Contractor, there shall be an A-133 audit in accordance with OMB Circular entitled, “Audits of States, Local Governments, and Non-Profit Organizations.” The Contractor will contract independently with a CPA firm to perform these audits. The Office of Inspector General (OIG) for the Department of Health and Human Services (DHHS) shall serve as the cognizant oversight agency as defined by OMB Circular A-133. The Contractor shall share all A-133 findings with any audit entity authorized by CMS.

G.5 CLOSEOUT AUDITS FOR PROFIT AND NON—PROFIT ORGANIZATIONS

The contract closeout audit will be performed in accordance with the terms and conditions of the contract, FAR, OMB Circular A-122 (as applicable) and other appropriate guidelines such as generally accepted accounting principles.

G.6 KEY PERSONNEL

A. HHSAR 352.242-70 Key Personnel (JAN 2006)

The 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 Key Personnel shall be full time.

Request for Proposal (RFP)

B. CMS considers the following positions are determined to be Key Personnel and are governed by the requirements HHSAR 352.270- Key Personnel contract requirements:

Labor Category Name Phone E-Mail Address Program Director Appeals Manager

Lead Attorney

(Provide names of proposed individuals)

G.7 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. Designation

Linda Uzzle is hereby designated as the Government Contracting Officer’s Representative (COR).

B. Responsibilities

1. Performance of the work under this contract shall be subject to the technical direction of the COR. The COR shall be the authorized representative of the Contracting Officer and the person representing CMS for the purpose of providing technical direction and monitoring of contract performance. It is within the purview of the COR to conduct on-site visits as deemed necessary. Such visits are to be used as a tool to gather or verify information regarding such things as SDPS property, performance issues and/or financial issues.

2. It is the responsibility of the COR to conduct necessary evaluations throughout the term of the contract. The COR may include any CMS personnel considered necessary in order to conduct these reviews.

3. It is the responsibility of the COR to monitor the Contractor’s progress against the

Contractor’s contract management plan. The COR may use the contract management plan as a tool in providing appropriate technical direction to the Contractor.

4. The term “technical direction” is defined as government guidance of a Contractor’s effort toward areas of effort that fall within the statement of work. For the purposes of this contract, this definition shall include the following:

Recommendations from the COR that must be implemented by the Contractor to bring their performance into compliance with the minimum requirements of the contract, review, and, where required by the contract, approval of reports and other technical information to be delivered by the Contractor under the contract.

5. The COR may also provide advice and consultation on the Statement of Work and deliverables and services to be furnished under the provisions of the contract. Unlike technical direction, however, the Contractor is not required to implement these suggestions.

Request for Proposal (RFP)

6. Any and all technical direction and advice and consultation must be within the general scope of the contract. The COR does not have the authority to and shall not issue any technical direction or advice which:

• constitutes an assignment of additional work outside the scope of the contract;

• constitutes a change as defined in the contract clause at FAR 52.243-2, Alt I;

• in any manner, causes an increase or decrease in the total estimated contract cost; and,

• changes any of the expressed terms, conditions, or specifications of the contract.

7. Technical direction which is within the scope of the contract, as written, shall, whenever possible, be in writing and a copy submitted to the Contracting Officer.

8. The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by his/her authority under the provisions of this article.

9. If the Contractor believes that instruction issued by the COR does not follow the definition of technical direction, and results in a contractual change or cost impact, the Contractor shall not proceed but shall notify the Contracting Officer immediately.

If the Contractor believes that information provided, as a result, of interaction with other technical personnel as defined in G.9 below is inconsistent with the statement of work, the Contractor shall contact the COR for resolution.

G.8 CONTRACTING OFFICER (CO)

A. The Contracting Officer is the only person under this contract with the ability to bind the government legally by signing the contract and any/all subsequent modifications.

B. The Contracting Officer is responsible for ensuring performance of all necessary actions for effective contracting, for ensuring compliance with all terms and conditions of the contract, and for safeguarding the interest of the government in its contractual relationships.

C. The Contracting Officer is the only individual authorized to:

• accept nonconforming work or waive any requirement of this contract;

• authorize reimbursement to the Contractor for any costs incurred during the performance of the contract; and

• modify any term or condition of this contract, extend the period of performance, change the delivery schedule, etc.

G.9 - Designated Government Contracting Officer and Contract Specialist

Edward M. Rutherford is hereby designated as the Government Contracting Officer.

Edward M. Rutherford

Request for Proposal (RFP)

Office of Acquisition & Grants Management Division of Program Integrity & Financial Management Contracts 7500 Security Boulevard, Mailstop: B3-30-03 Baltimore, MD 21244

(410) 786-6648 Edward.Rutherford@cms.hhs.gov

Ella Curtis is hereby designated as the Government Contract Specialist.

Ella Curtis

Office of Acquisition & Grants Management Division of Program Integrity & Financial Management Contracts 7500 Security Boulevard, Mailstop: B3-30-03 Baltimore, MD 21244

(410) 786-1227 Ella.Curtis@cms.hhs.gov

G.10 PROPERTY ADMINISTRATION

A. The Contractor is responsible for an annual physical inventory accounting for all government property under this contract. The inventory must be conducted by September 30th and the Form 565 Report of Accountable Personal Property submitted by October 31st of each year.

B. The inventory report shall include all items acquired, furnished, rented or leased under the contract. Employees who conduct the inventories should not be the same individuals who maintain the property records. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Property Administrator at the address on the following page:

OOM, Administrative Services Group Division of Property and Space Management Attn: Tyrone Harris, Sr.

7500 Security Boulevard, M/S SLL-13-12 Baltimore, Maryland 21244-1850

(410) 786-2923

C. Commercially leased software is subject to these reporting requirements.

D. The Contractor shall submit a consolidated report of all accountable government property under this contract, including subcontractor inventory information.

E. The final inventory report shall indicate that all items required for continued contract performance are acceptable and free from contamination. Property that is no longer usable mailto:Edward.Rutherford@cms.hhs.gov

Request for Proposal (RFP) or required shall be reported and disposition requested. The final inventory report shall be submitted upon the date of contract expiration.

G.11 CONSENT TO SUBCONTRACT

A. The Contractor shall be in compliance with FAR 44.202-2 and FAR 52.244-2 when entering into a subcontract arrangement for the purpose of performing this contract.

B. Each Contractor shall complete and submit the Subcontract Checklist (provided in Section J, Attachment J9) in order to obtain subcontract consent after award of the contract.

C. Consent is granted to the following subcontracts: TBD

D. For the purposes of this contract, consultants are considered subcontractors.

When requesting Contracting Officer consents to subcontract for Consultants and/or other subcontracts, the Contractor shall follow the procedures established in:

Federal Acquisition Regulation (FAR) Clauses:

52.244-2 Subcontracts (OCT 2010)

52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Items (DEC 2010)

G.12 PAST PERFORMANCE DATABASE AND CENTRAL CONTRACTOR REGISTRATION

In accordance with Federal Acquisition Regulation (FAR) 42.15, CMS will complete final Contractor performance evaluations. 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 Contractor performance evaluations. CPARS is a secure Internet website located at https://www.cpars.csd.disa.mil/. 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.

The names and emails of these two (2) individuals are to be delivered to Ella Curtis within 30 days of contract award.

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 https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

Request for Proposal (RFP) evaluation was issued by CMS. 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 https://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm. There is no fee for registration or use of the

CPARS.

In addition, per FAR 52.204-7, each Contractor shall register in the Central Contractor Registration (CCR) database, which is now the System for Award Management (SAM), found at sam.gov. Failure of a Contractor to register may prohibit CMS from making a contract award or issuance of future contract modification(s).

G.13 CORRESPONDENCE PROCEDURES

To promote timely and effective administration (except for invoices/public vouchers, technical progress reports, deliverables) correspondence submitted under this contract shall be subject to the following procedures:

A. Technical Correspondence-Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms, or conditions of this contract) shall be addressed to the Contracting Officer’s Representative, with an information copy of the basic correspondence to the Contracting Officer.

B. Other Correspondence-All other correspondence shall be addressed to the Contracting

Officer, with information copies of the basic correspondence to the Contracting Officer’s Representative.

C. Subject Lines-All correspondence shall contain a subject line, commencing with the

Contract Number and assigning consecutive numbers (serial numbers to permit accountability), as illustrated below:

Contractor’s Name: Contract No.:

Subject: Request for Subcontract Approval

G.14 TRAVEL COSTS

Contractor(s) shall request a travel letter from the Contracting Officer in order to receive any Government discounts offered.

A. Costs incurred for lodging, meals and incidental expenses shall be considered to be reasonable, allowable and allocable under this contract only to the extent that they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the latest Federal Travel http://www.ppirs.gov/ https://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm https://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm http://www.sam.gov/

Request for Proposal (RFP)

Regulations. Federal Travel Regulations, as well as Per Diem rates, can be found at the following www.gsa.gov/travel.

B. Cost reimbursable contractor are non-mandatory user(s) and may take advantage of discounted rates only if vendors offer them to you. Most hotels and car rental agencies offer discounts; however, airlines no longer extend Government airfare rates to cost reimbursable or T&M Contractors. For information on airline policies concerning federal travel, as well as other federal travel assistance, please visit www.government-travel.org.

C. Air or Rail: Reservations for transportation by public carrier may be obtained through your local travel agency or through the Centers for Medicare & Medicaid Services contract travel agency, Omega Travel. This agency will try to obtain the lowest available fare consistent with Federal Travel Regulations. In most cases, government rates are not available to cost reimbursable Contractors.

Should you choose to use Omega Travel to make travel arrangements, you may contact them at:

http://owt.net/government/index.html. You may apply Federal reimbursement toward a more costly fare if you choose; however, reimbursement will be limited to the coach class fare. Providing a credit card number to Omega Travel will make payment for your airline tickets.

D. Ground Transportation: The Government will reimburse for airport limousine or taxi service.

Expenses must be itemized and receipts obtained.

E. When privately owned vehicle (POV) is used for transportation from home to the transportation terminal, you will be reimbursed for round trip at the mileage rate in effect at the time of travel per Federal Travel Regulations (FTR), plus parking fees (receipts for parking fees are required). If traveling by POV, reimbursement will be at the mileage rate in effect at the time of travel per Federal Travel Regulations (FTR), plus tolls.

F. Lodgings: If reservations for common carrier transportation are made through Omega Travel, reservations for hotel accommodations may also be made through Omega Travel. They are familiar with the authorized Federal per diem rates for each city and will offer assistance in locating lodging within the prescribed rates. Federal Travel Regulations prescribe the maximum amount that will be reimbursed for lodging expenses. Receipts are required for all lodging costs.

G. Meals and Incidental Expenses (M&IE): Federal Travel Regulations prescribe that meals and incidental expenses be reimbursed at a maximum rate per day depending on the city. M&IE are calculated by the first and last day of travel receive 3/4 of the M&IE rate; the rest of the travel days in between receive the entire M&IE rate.

H. If the city being visited is not listed in the Federal Travel Regulations as a high rate area, the standard CONUS (the continental United States) rate will be used for reimbursement purposes.

G.15 AUDIT OF HOURS

A. In addition to the examination of costs, as detailed in FAR Clause No. 52.215-2 entitled "Audit and Records-Negotiation," the Contracting Officer or his representatives will have the right to examine all books, records, documents and other data of the Contractor relating to this http://www.government-travel.org/ http://owt.net/government/index.html

Request for Proposal (RFP) contract for the purpose of evaluating the accuracy and completeness of the hours which the Contractor has recorded on his invoices as expended toward satisfaction of the requirements of this contract.

B. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction until:

a. The expiration of three (3) years from the date of final payment under this contract,

b. The expiration of three (3) years from the date of final settlement resulting from a termination or a partial termination of this contract.

G.16 ON-SITE VISITS

At any time during the period of performance, the Contracting Officer, and delegated/authorized CMS personnel may conduct an on-site visit to the Contractor. These visits may be announced or unannounced. The visits will be conducted during normal working hours of the Contractor and will not disrupt the on-going work of the Contractor.

G.17 WAGE DETERMINATIONS

The following Wage Determination(s) is/are incorporated herein for the performance of work on this contract by the prime and subcontractors at J.3

Wage Determination# Date

TBD

Every year, calculated from the anniversary date of the contract, the Contracting Officer will obtain revised wage determination rate table from the U.S. Department of Labor. The revised wage determination will be incorporated into the contract as Section J, Attachment J9. The revised wage determination shall be implemented within 45 days of issuance of the modification by CMS.

G.18 FOOD COSTS

On June 12, 2007, the Department of Health and Human Services (DHHS) issued a follow-up memorandum to Operating Division Heads articulating the Department’s policy on the purchase of food with appropriated funds. The general principle stated in the memoranda of July 26, 2005 and October 12, 2004 remains unchanged; that is, food cannot be purchased with appropriated funds.

For the purposes of this contract, Food Expense either incurred as a direct or indirect expense will be considered an unallowable cost.

Note: This contract clause does not pertain to the meals portion of allowable costs incurred as a part of the per diem expense allowed under the Federal Travel Regulations (FTR).

Request for Proposal (RFP)

G.19 SECURITY CLAUSE – BACKGROUND INVESTIGATIONS FOR CONTRACTOR PERSONNEL

Homeland Security Presidential Directive 12 (HSPD-12) Physical and Logical Access

Requirements:

As required by HSPD-12 directives, if applicable, Contractor personnel performing services for CMS under this contract, task order or delivery order shall be required to undergo a background investigation and obtain an HSPD-12 Identification Smartcard for physical and logical systems access. CMS will initiate and pay for any required background investigation(s).

After contract award, the CMS Contracting Officer’s Representative (COR) and the Office of Operations Management, Division of Personnel Security Services (DPSS), 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 http://contacts.gsa.gov/webforms.nsf

2. SF-85P, Questionnaire for Public Trust Positions, 09/1995 http://contacts.gsa.gov/webforms.nsf

3. OF-306, Declaration for Federal Employment, 01/2001 http://contacts.gsa.gov/webforms.nsf

4. Credit Report Release Form http://www.opm.gov/investigate/archive/1998//fin9802.asp

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

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

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

1) 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 witha broad scope of responsibility and authority.

Major responsibilities that would require this level include:

a. development and administration of CMS computer security programs, including direction and control of risk analysis and/or threat assessment;

http://contacts.gsa.gov/webforms.nsf http://contacts.gsa.gov/webforms.nsf http://contacts.gsa.gov/webforms.nsf http://www.opm.gov/investigate/archive/1998/fin9802.asp

Request for Proposal (RFP)

b. significant involvement in mission-critical systems;

c. preparation or approval of data for input into a system which does not necessarily involve personal access to the system but with relatively high risk of causing grave damage or realizing significant personal gain;

d. other responsibilities that involve relatively high risk of causing damage or realizing personal gain;

e. policy implementation;

f. higher level management duties/assignments or major program responsibility; or

g. independent spokespersons or non-management position with authority for independent action.

Approximate cost of each investigation: $2,900

2) Moderate Risk (Level 5)

Level 5 Public Trust positions include those involving policymaking, major program responsibility, and law enforcement duties that are associated with a “Moderate Risk.” Also included are those positions involving access to or control of unclassified sensitive, proprietary information, or financial records, and those with similar duties through which the incumbent can realize a significant personal gain or cause serious damage to the program or Department.

Responsibilities that would require this level include:

a. the direction, planning, design, operation, or maintenance of a computer system and whose work is technically reviewed by a higher authority at the High Risk level to ensure the integrity of the system;

b. systems design, operation, testing, maintenance, and/or monitoring that are carried out under the technical review of a higher authority at the High Risk level;

c. access to and/or processing of information requiring protection under the Privacy Act of 1974;

d. assists in policy development and implementation;

e. mid-level management duties/assignments;

f. any position with responsibility for independent or semi-independent action;

or

g. delivery of service positions that demand public confidence or trust.

Approximate cost of each investigation: $2,400

3) Low Risk (Level 1) Positions having the potential for limited interaction with the agency or program mission, so the potential for impact on the integrity and efficiency of the service is small. This includes computer security impact on AIS.

Approximate cost of each investigation: $550

The Contractor shall submit the investigative package(s) to DPSS within three (3) days after being advised by the DPSS of the need to submit packages. Investigative packages shall be submitted to the following address:

Request for Proposal (RFP)

Office of Operations Management Division of Personnel Security Services (DPSS) Mail Stop SL-17-06 7500 Security Boulevard Baltimore, Maryland 21244-1850

The Contractor shall submit a copy of the transmittal letter to the Contracting Officer (CO). Contractor personnel shall submit a CMS-730A (Request for Badge) to the DPSS (see attachment in Section J.12). The Contractor and the COR shall obtain all necessary signatures on the CMS-730A prior to any Contractor employee arriving for fingerprinting and badge processing.

The Contractor must appoint a Security Investigation Liaison as a point of contact to resolve any issues of inaccurate or incomplete form(s). Where personal information is involved, DPSS may need to contact the contractor employee directly. The Security Investigation Liaison may be required to facilitate such contact.

DPSS will fingerprint contractor personnel and send their completed investigative package to the Office of Personnel Management (OPM). OPM will conduct the background investigation. Badges will not be provided by DPSS until acceptable finger print results are received; until then the contractor employee will be considered an escorted visitor. The Contractor remains fully responsible for ensuring contract, task order or delivery order performance pending completion of background investigations of contractor personnel.

DPSS shall provide written notification to the CO with a copy to the PO of all suitability decisions. The PO shall then notify the Contractor in writing of the approval of the Contractor’s employee(s), at that time the Contractor’s employee(s) will receive a permanent identification badge. Contractor personnel who the DPSS determines to be ineligible may be required to cease working on the contract immediately.

The Contractor shall report immediately in writing to DPSS with copies to the CO and the PO, any adverse information regarding any of its employees that may impact their ability to perform under this contract, task order or delivery order. Reports should be based on reliable and substantiated information, not on rumor or innuendo. The report shall include the contractor employee’s name and social security number, along with the adverse information being reported.

Contractor personnel shall be provided an opportunity to explain or refute unfavorable information found in an investigation to DPSS before an adverse adjudication is made. Contractor personnel may request, in writing, a copy of their own investigative results by contacting:

Office of Personnel Management Freedom of Information Federal Investigations Processing Center PO Box 618 Boyers, PA 16018-0618

Request for Proposal (RFP)

At the Agency’s discretion, if an investigated contractor employee leaves the employment of the contractor, or otherwise is no longer associated with the contract, task order, or delivery order within one (1) year from the date the background investigation was initiated by CMS, then the Contractor may be required to reimburse CMS for the full cost of the investigation. Depending upon the type of background investigation conducted, the cost could be approximately $550 to $2,900. The amount to be paid by the Contractor shall be due and payable when the CO submits a written letter notifying the Contractor as to the cost of the investigation. The Contractor shall pay the amount due within thirty

(30) days of the date of the CO’s letter by check made payable to the “United States Treasury.” The Contractor shall provide a copy of the CO’s letter as an attachment to the check and submit both to the Office of Financial Management at the following address:

PO Box 7520 Baltimore, Maryland 21207

The Contractor must immediately provide written notification to DPSS (with copies to the CO and the PO) of all terminations or resignations of Contractor personnel working on this contract, task order or delivery order. The Contractor must also notify DPSS (with copies to the CO and the PO) when a Contractor’s employee is no longer working on this contract, task order or delivery order.

At the conclusion of the contract, task order or delivery order and at the time when a contractor employee is no longer working on the contract, task order or delivery order due to termination or resignation, all CMS-issued parking permits, identification badges, access cards, and/or keys must be promptly returned to DPSS. Contractor personnel who do not return their government-issued parking permits, identification badges, access cards, and/or keys within 48 hours of the last day of authorized access shall be permanently barred from the CMS complex and subject to fines and penalties authorized by applicable federal and State laws.

WORK PERFORMED…