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HHSM-500-2015-RFP-0102 DME MAC Jurisdiction A
Page | i
TABLE OF CONTENTS
SECTION B – SUPPLIES OR SERVICES AND PRICES/ COSTS
B.1 BRIEF DESCRIPTION OF SERVICES
B.2 CONTRACT TYPE
B.3 AWARD FEE
B.4 ESTABLISHED COST AND AWARD FEE
B.5 TASK DIRECTIVES
B.6 SCHEDULE OF SUPPLIES/SERVICES
SECTION C – DESCRIPTION/SPECIFICATIONS/ WORK STATEMENT
C.1 STATEMENT OF WORK
SECTION D – PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
E.1 FAR CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE
E.3 INSPECTION OF SERVICES – COST-REIMBURSEMENT
SECTION F – DELIVERIES OR PERFORMANCE
F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
F.2 PERIOD OF PERFORMANCE
F.3 DELIVERABLES
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA
G.2 PAYMENT, SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS
G.3 DISSEMINATION, PUBLICATION, & DISTRIBUTION OF INFORMATION
G.4 SUBCONTRACTING REPORTING
G.5 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED
BUSINESSES
G.6 SUBCONTRACT CONSENT
G.7 SERVICE OF CONSULTANTS/SUBCONTRACTORS
G.8 GOVERNMENT REPRESENTATIVES
G.9 CONTRACTING OFFICER RESPONSIBILITY
G.10 CONTRACTING OFFICER REPRESENTATIVE
G.11 TECHNICAL DIRECTION
G.12 CONTRACT PROPERTY ADMINISTRATION
G.13 GOVERNMENT FURNISHED PROPERTY
G.14 CONTRACTOR FURNISHED PROPERTY
G.15 INVOICING AND PAYMENT – VOUCHERS (COST REIMBURSEMENT
CONTRACTS – AUG 2013)
G.16 SEPARATION OF MEDICARE INTEGRITY PROGRAM AND PROGRAM
MANAGEMENT FUNDING
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G.17 SEPARATION OF TRUST FUND EXPENDITURES/ACCOUNTING FROM
ADMINISTRATIVE EXPENDITURES/ACCOUNTING
G.18 COMPLEMENTARY CREDITS
G.19 CORRESPONDENCE PROCEDURES
G.20 DATA TO BE DELIVERED
G.21 AWARD FEE EVALUATION PLAN
G.22 WORKING PAPERS
G.23 FINAL INDIRECT COST CEILING RATES – ADVANCE UNDERSTANDING
G.24 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TABLES OR
DISCS)
G.25 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 HHSAR 352.242-70 KEY PERSONNEL (JAN 2006)
H.2 CONDITIONS OF PERFORMANCE
H.3 CONFLICT OF INTEREST
H.4 HIPAA BUSINESS ASSOCIATE CLAUSE (SEPT 2013)
H.5 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT)
H.6 SECTION 508 – ACCESSIBILITY OF ELECTRONIC AND INFORMATION
TECHNOLOGY
H.7 WAGE DETERMINATION
H.8 INDEMNIFICATION
H.9 DISCLOSURE OF INFORMATION
H.10 PARTICIPATION IN DEMONSTRATIONS
H.11 SEPARATION OF CERTIFICATION AND DISBURSEMENT RESPONSIBILITIES
H.12 SURETY BONDS
H.13 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – CERTIFYING OFFICER
H.14 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – DISBURSING OFFICER
H.15 LIABILITY FOR MEDICARE BENEFIT PAYMENTS – MEDICARE
ADMINISTRATIVE CONTRACTOR
H.16 LIABILITY FOR UNCOLLECTED OVERPAYMENTS
H.17 MEDICARE RECORDS RETENTION
H.18 MAC SECURITY INCIDENT AND REPORTABLE EVENT REPORTING
H.19 SYSTEMS OF RECORDS
H.20 SECURITY CLAUSE – BACKGROUND-INVESTIGATIONS FOR CONTRACTOR
PERSONNEL
H.21 CODE OF CONDUCT
H.22 CONTRACTOR PERFORMANCE EVALUATION(S)
H.23 PUBLICITY
H.24 FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA)
H.25 REPORTING CHANGES IN CONTRACTOR TEAM APPANGEMENTS, AND
ACQUISITIONS/DIVESTITURES
H.26 OPEN GOVERNMENT PROACTIVE PRE-DISCLOSURE NOTIFICATION
Page | iii
SECTION I- CONTRACT CLAUSES
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
I.2 DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION
REGULATIONS (HHSAR) 352.100, PROVISIONS AND CLAUSES
INCORPORATED BY REFERENCE
I.3 FAR 52.203-14 – DISPLAY OF HOTLINE POSTER(S) (DEC 2007)
I.4 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
I.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
I.6 FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
I.7 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
1.8 HHSAR 325.201-70 PAPERWORK REDUCTION ACT (JAN 2006)
I.9 HHSAR 325.203-70 ANTI-LOBBYING (JAN 2006)
I.10 HHSAR 325.224-70 PRIVACY ACT (JAN 2006)
I.11 HHSAR 352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY
ACCESSIBILITY (JAN 2010)
I.12 HHSAR 325.242-73 WITHHOLDING OF CONTRACT PAYMENTS (JAN 2006)
SECTION J - LIST OF ATTACHMENTS
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR QUOTERS
K.1 TO BE COMPLETED BY THE OFFEROR
K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)
K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR
2010)
K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL
2013)
K.5 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K.6 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND
CERTIFICATION (MAY 2012)
K.7 FAR 52.230-7, PROPOSAL DISCLOSURE – COST ACCOUNTING PRACTICE
CHANGES (APR 2005)
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
L.1 INTRODUCTION
L.2 FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
L.3 DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION
REGULATIONS (HHSAR) PROVISIONS INCORPORATED BY REFERENCE
L.4 FAR 52.215-20, REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA
AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA,
ALTERNATIVE IV (OCT 2010)
L.5 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)
L.6 FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)
L.7 INTENT TO SUBMIT A PROPOSAL
L.8 SOLICITATION QUESTIONS
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L.9 COMMUNICATIONS PRIOR TO CONTRACT AWARD
L.10 WRITTEN PROPOSALS – PROPOSAL SUBMISSION, DELIVERY AND
ORGANIZATION
L.11 ORAL PRESENTATIONS – PROPOSAL SUBMISSION AND ORGANIZATION
L.12 WRITTEN PROPOSAL INSTRUCTIONS: VOLUME 1, ADMINISTRATIVE
REQUIREMENTS AND RESPONSIBILITY DETERMINATION
L.12.1 TAB A, TABLE OF CONTENTS
L.12.2 TAB B, ACRONYM DICTIONARY
L.12.3 TAB C, COMPLETED SF 33, SOLICITATION, OFFER AND AWARD
L.12.4 TAB D, CONTRACT REPRESENTATIONS AND CERTIFICATIONS AND
COMPLETED SECTIONS B, G, AND H
L.12.5 TAB E, ORGANIZATION STRUCTURE & PROPOSED SUBCONTRACTORS
L.12.6 TAB F, SMALL BUSINESS SUBCONTRACTING PLAN
L.12.7 TAB G, GOVERNMENT FURNISHED PROPERTY AND
SOFTWARE/INTELLECTUAL PROPERTY REQUIREMENTS
L.12.8 TAB H, RESPONSIBILITY DETERMINATION
L.13 WRITTEN PROPOSAL INSTRUCTIONS: VOLUME II, PROPOSAL ASSUMPTIONS
L.13.1 TAB A, TABLE OF CONTENTS
L.13.2 TAB B, BASIS OF ESTIMATE (BOE)
L.13.3 TAB C, OFFEROR PROPOSAL ASSUMPTIONS
L.14 WRITTEN TECHNICAL PROPOSAL INSTRUCTIONS: VOLUME III, TECHNICAL
PROPOSAL INSTRUCTIONS
L.14.1 WRITTEN PROPOSAL ORGANIZATION
L.14.2 TAB A, WRITTEN TECHNICAL PROPOSAL TABLE OF CONTENTS
L.14.3 TAB B, ATTESTATION INSTRUCTIONS
L.14.4 TAB C, PAST PERFORMANCE EVALUATION FACTOR INSTRUCTIONS
L.14.5 TECHNICAL APPROACH EVALUATION FACTOR INSTRUCTIONS
L.15 PROPOSAL INSTRUCTIONS: VOLUME IV, BUSINESS PROPOSAL
L.15.1 TAB A, TABLE OF CONTENTS
L.15.2 TAB B, COST TEMPLATES, ATTACHMENTS J.10 THROUGH J.17
L.15.3 TAB C, WRITTEN NARRATIVE AND OTHER THAN COST OR PRICING DATA
L.15.4 TAB D, SERVICE CONTRACT ACT
L.15.5 TAB E, PROFESSIONAL EMPLOYEES TOTAL COMPENSATION PLAN
L.15.6 TAB F, UNCOMPENSATED OVERTIME
L.16 PROPOSAL INSTRUCTIONS: VOLUME V, CONFLICT OF INTEREST
L.16.1 TAB A, TABLE OF CONTENTS
L.16.2 TAB B, ORGANIZATIONAL CONFLICT OF INTEREST
L.16.2 TAB C, CONFLICT OF INTEREST
L.17 SECTION 508 ACCESSIBILITY OF ELECTRONIC AND INFORMATION
TECHNOLOGY (EIT) TO FEDERAL EMPLOYEES AND THE GENERAL PUBLIC
WITH DISABILITIES
SECTION M – EVALUATION FACTORS FOR AWARD
M.1 FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
M.2 BEST VALUE CONTINUUM
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M.3 TECHNICAL EVALUATION FACTORS
M.4 PAST PERFORMANCE EVALUATION FACTOR (50%)
M.5 TECHNICAL APPROACH EVALUATION FACTOR (50%)
M.6 BUSINESS PROPOSAL EVALUATION
M.7 REVIEW OF ATTESTATIONS
M.8 RESPONSIBILITY DETERMINATION
M.9 CONTRACT AWARD LIMITATIONS
Page | 2
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 BRIEF DESCRIPTION OF SERVICES
The purpose of this contract is to obtain the Jurisdiction A MAC – Medicare Administrative Contractor (MAC) specified fee-for-service health insurance benefit administration services, including Medicare claims processing and payment services, in support of the Medicare program (also known as the Medicare fee-for-service, or FFS, program) for Jurisdiction A. Jurisdiction A covers the states and/or U.S. territories of Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
This DME MAC Jurisdiction A contract will also support CMS’ Intravenous Immune Globulin (IVIG) Demonstration from March 14, 2016 through March 31, 2018. On January 3, 2012, the President signed into law the “Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012”, by which “The Secretary shall establish and implement a demonstration project under Part B of title XVIII of the Social Security Act to evaluate the benefits of providing payment for items and services needed for the in-home administration of intravenous immune globulin for the treatment of primary immune deficiency disease. This IVIG demonstration has been designed to pay a bundled payment for all medically necessary supplies and related nursing services to administer the drug to 4,000 Medicare beneficiaries who must be enrolled into the demonstration.
B.2 CONTRACT TYPE
CMS anticipates awarding a Cost-Reimbursement contract. The primary pricing arrangement is anticipated to be Cost-plus-award-fee. However, in accordance with FAR 16.102 (b) Policies, “Contracts negotiated under Part 15 may be of any type or combination of types that will promote the Government’s interest, except as restricted in this part (see 10 U.S.C. 2306(a) and 41 U.S.C. 254(a).”
B.3 AWARD FEE
The amount of award fee the Contractor earns, if any, will be based on an evaluation by the Government of the contractor’s performance in accordance with the Performance Evaluation Award Fee Plan (see Attachment J.07). CMS Fee Determination Official (FDO) will determine the amount of award fee earned by the contractor for the evaluation period. The determination of the amount of the award fee for the evaluation period is a unilateral decision made solely at the discretion of the FDO. Upon receiving written notification from the FDO of the amount of award fee earned for the evaluation period, the Contractor may submit an invoice for the earned award fee. The Government may unilaterally change the Performance Evaluation Award Fee Plan at any time. However, any revisions to the evaluation factors in the Performance Evaluation Award Fee Plan shall be presented to the Contractor prior to the evaluation period in which it will be used. The award fee evaluations will be performed on an annual basis with the actual evaluation taking place in the month immediately following the evaluation period. The award fee available for each period shall be a portion of the total award fee pool available for the entire contract period (see Section G.21).
Page | 3
A sample Performance Evaluation Award Fee Plan (see Attachment J.07) is provided. The final Performance Evaluation Award Fee Plan will be provided at time of contract award.
B.4 ESTABLISHED COST AND AWARD FEE
The estimated cost of this contract is $TBD. The base fee is $TBD. The maximum available award fee is $TBD. Total cost plus base fee plus award fee is $TBD.
B.5 TASK DIRECTIVES
The Contracting Officer may use individual Task Directives with specifically defined scopes and schedules to direct the contractor to perform special projects. Task Directives may also be issued to request a special administrative or user support services project. This mechanism will be used on a project-by-project basis and will be incorporated into the contract through the Changes clause (FAR 52.243-2 (AUG 1987) Alternate 1 (APR 1984)).
Task Directives issued under this contract may be fixed price or cost reimbursement. The contractor is required to establish separate cost accounts for each Task Directive issued and to segregate those costs in their vouchers.
B.6 SCHEDULE OF SUPPLIES/SERVICES
CONTRACT LINE
ITEM NUMBER
ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS*
TOTAL CPAF NET
COMP CREDITS
CLIN 0001
IMPLEMENTATION
November 1, 2015 – March 13, 2016
TBD TBD TBD TBD $0 TBD
TOTAL CLIN 0001 –
DME MAC
IMPLEMENTATION
TBD TBD TBD TBD $0 TBD
Page | 4
ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS*
TOTAL
CPAF NET
COMP
CREDITS
CLIN 0002 – DME MAC SERVICES/BASE
PERIOD OPERATIONS OPTION
March 14, 2016 – October 31, 2016
0002AA - Program Management TBD TBD TBD TBD TBD TBD
0002AB - Medicare Integrity Program TBD TBD TBD TBD $0 TBD
0002AC - Recovery Audit Contract Activities (RAC) TBD TBD TBD TBD $0 TBD
0002AE – IVIG Project TBD TBD TBD TBD TBD` TBD
TOTAL CLIN 0002 –
DME MAC
SERVICES/BASE
PERIOD OPERATIONS
OPTION
TBD TBD TBD TBD TBD TBD
ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS*
TOTAL
CPAF NET
COMP
CREDITS
CLIN 0003 – DME MAC
SERVICES/OPTION YEAR 1
November 1, 2016 – October 31, 2017
0003AA - Program Management TBD TBD TBD TBD TBD TBD
0003AB - Medicare Integrity Program
TBD TBD TBD TBD $0 TBD
0003AC - Recovery Audit Contract Activities (RAC) TBD TBD TBD TBD $0 TBD
0003AE – IVIG Project TBD TBD TBD TBD TBD TBD
TOTAL CLIN 0003 –
DME MAC SERVICES/
Page | 5
OPTION YEAR 1
ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS
TOTAL CPAF
NET COMP
CREDITS
CLIN 0004 – DME MAC
SERVICES/OPTION YEAR 2
November 1, 2017 – October 31, 2018
0004AA - Program
0004AB - Medicare Integrity Program
TBD TBD TBD TBD $0 TBD
0004AC - Recovery Audit Contract Activities (RAC) TBD TBD TBD TBD $0 TBD
0004AE – IVIG Project November 1, 2017 – March 31, 2018
TBD TBD TBD TBD TBD TBD
TOTAL CLIN 0004 –
DME MAC SERVICES/
OPTION YEAR 2
ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS
TOTAL CPAF
NET COMP
CREDITS
CLIN 0005 – DME MAC
SERVICES/OPTION YEAR 3
November 1, 2018 – October 31, 2019
0005AA - Program Management
TBD TBD TBD TBD TBD TBD
0005AB - Medicare Integrity Program TBD TBD TBD TBD $0 TBD
0005AC - Recovery Audit Contract Activities (RAC) TBD TBD TBD TBD $0 TBD
TOTAL CLIN 0005 –
DME MAC SERVICES/
OPTION YEAR 3
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ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS*
TOTAL CPAF
NET COMP
CREDITS
CLIN 0006 – DME MAC
SERVICES/OPTION YEAR 4
November 1, 2019 – October 31, 2020
0006AA - Program
0006AB - Medicare Integrity Program
TBD TBD TBD TBD $0 TBD
0006AC - Recovery Audit Contract Activities (RAC) TBD TBD TBD TBD $0 TBD
TOTAL CLIN 0006 –
DME MAC SERVICES/
OPTION YEAR 4
TOTAL CLIN 0007 –
DME MAC CLOSEOUT
TBD TBD TBD TBD $0 TBD
Jurisdiction A ESTIMATED
COST
BASE
FEE
AWARD
FEE
TOTAL
EST.
CPAF
EST.
COMP
CREDITS*
TOTAL CPAF
NET COMP
CREDITS
TOTAL – DME MAC JA TBD TBD TBD TBD TBD TBD
*Refer to section G.18, Complementary Credits.
(END OF SECTION B)
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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 STATEMENT OF WORK
The Statement of Work (SOW) is provided under Section J as Attachment J.01 and shall be made a part of the contract. The SOW takes precedence over the Internet Only Manuals and Paper-Based Manuals unless otherwise specified.
(END OF SECTION C)
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SECTION D - PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
All deliverables required pursuant to the terms of the contract must be shipped and marked in accordance with Section F.3 Deliverables and any other requirements are set forth in Attachment J.02.
(END OF SECTION D)
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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/far/ .
Federal Acquisition Regulation (FAR) Clauses:
52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT (APR 1984)
E.2 APPROVALS BY THE CONTRACTING OFFICER REPRESENTATIVE
All services or supplies to be delivered to the Contracting Officer Representative (COR) will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been provided within such period. The COR's approval or revision to the services or supplies delivered shall be within the general scope of work stated in the contract.
E.3 INSPECTION OF SERVICES – COST-REIMBURSEMENT
A. All work included in this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the Government.
B. The Government's COR is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items required to be delivered by this contract.
C. Inspection and acceptance of the Contractor's performance shall be in accordance with FAR Clause 52.246-5 "Inspection of Services-Cost Reimbursement" (APR 1984)
(END OF SECTION E)
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SECTION F - DELIVERIES OR PERFORMANCE
F.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/far/ .
Federal Acquisition Regulation (FAR) Clauses:
52.242-15 STOP WORK ORDER (AUG 1989) ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE
The work and services hereunder shall be completed as follows:
The period of performance for completion of all work included in this contract shall be from the effective date of contract award through 12 months, plus four (4) one (1) year options as follows:
CLIN DESCRIPTION PERIOD OF PERFORMANCE
0001* Implementation November 1, 2015 – March 13, 2016
0002 Option - Base Period Operations IVIG Project
Operations: March 14, 2016 – October 31, 2016
IVIG Project: March 14, 2016 – October 31, 2016
0003 Option - Year 1 Operations
IVIG Project
Operations: November 1, 2016 – October 31, 2017
IVIG Project: November 1, 2016 – October 31, 2017
0004 Option - Year 2 Operations
IVIG Project
Operations: November 1, 2017 – October 31, 2018
IVIG Project: November 1, 2017 – March 31, 2018
0005 Option - Year 3 Operations November 1, 2018 – October 31, 2019
0006 Option - Year 4 Operations November 1, 2019 – October 31, 2020
0007** Option - Outgoing Contractor
Workload Transition Activities
May 1, 2020 – October 31, 2020
*CLIN 0001 and CLIN 0002 may be overlapping periods of performance.
**This option may be exercised approximately 6 months prior to the expiration of the current year of performance.
Note: The option periods delineated above are subject to the FAR option clauses incorporated in Section I of this contract.
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F.3 DELIVERABLES
A. The Deliverable Schedule is provided under Section J as Attachment J.02 and shall be made a part of this contract.
B. All deliverables required pursuant to the terms of this contract shall be packaged, marked and shipped in accordance with U.S. Government specifications. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
C. The Contractor shall submit all required deliverables and reports in accordance with the attached schedule. Reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency.
D. Except for deliverables containing Protected Health Information (PHI), deliverables shall be submitted to CMS ART. Deliverables containing PHI, as defined in the Health Insurance Portability and Accountability Act (HIPAA), cannot be submitted in CMS ART and shall be submitted electronically using the Deliverable electronic mailbox. For deliverables containing PHI, the email shall include the deliverable title and reference number (if applicable) in the subject line. The contractor will copy the Contracting Officer’s Representative (COR) and Contract Specialist (CS) on all electronic and/or written correspondence. Once the deliverable is received, the Contractor will receive an automatic reply confirmation.
E. For the PHI deliverables, if unable to send electronically, the contractor is to send a notice to the JA MAC Deliverable electronic mailbox (CMS JA_MAC_Deliverables@cms.hhs.gov) stating the deliverable is being mailed in hardcopy, with an expected delivery date. The contractor will mail the hardcopy of the deliverable (excluding implementation deliverables) to the COR.
F. Hardcopy Implementation deliverables should be sent to the JA Implementation Lead.
Refer to JSM Number_10337 for further instructions.
G. Satisfactory performance under the contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the items in the attached schedule J.02 (reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency):
The following abbreviations apply to schedule J.02:
IAW In accordance with NLT Not later than COB Close of business E Electronic copy (e-mail or diskette) H Hard copy CP Cover page COR Contracting Officer’s Representative CS Contract Specialist
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Note: Additional deliverables may be assigned as part of the project planning process.
Individual projects may be released on a flow basis, as necessary by the direction of the Contracting Officer’s Representative (COR).
Addressees:
CONTRACTING OFFICER’S REPRESENTATIVE (COR)
TBD
CONTRACTING OFFICER (CO)
CONTRACT SPECIALIST (CS)
Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Eastern Medicare Administrative Contracts Attn: Michael Shirk, Mail Stop B2-14-21 7500 Security Boulevard Baltimore, MD 21244-1850
(410) 786-2774 Centers for Medicare & Medicaid Services For the PHI Deliverables, the mailbox address is as follows:
Deliverables email: JA_MAC_Deliverables@cms.hhs.gov
All electronic files shall be submitted in a format that is compatible with Microsoft Office PC-based software. As this requirement is subject to change, the contractor shall be able to adapt to any new CMS standard in order to submit deliverables. Unless specifically denoted as “workday(s),” all timeframes are in calendar days, calendar weeks, calendar months, etc. after the effective date of the contract.
(END OF SECTION F)
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SECTION G - CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA
(To be incorporated at time of award)
G.2 PAYMENT, SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS
A. Travel Costs (Including Foreign Travel)
The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46.
B. Per Diem
Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary for performance under this contract. Incurred costs shall be considered to be reasonable and allowable 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 Federal Travel Regulations. See FAR 31.205-46(2).
C. Cost of Materials
The cost of materials furnished or used under this contract shall be reimbursed in accordance with paragraph (b) of the clause entitled "Allowable Cost and Payment (FAR 52.216-7) (JUN 2013)” for cost reimbursement contracts. Expendable material costs for items such as office supplies, report paper, etc., and tools of the trade shall be priced in accordance with the Contractor’s approved accounting practices or standards, as applicable. The Contractor shall be required to support all material costs claimed.
D. Relocation Costs
In accordance with FAR 31.205-35, relocation costs, either direct charged or included in the contractor's indirect cost pools, associated with an individual not completing a term of service equal to one year working under this contract shall be an unallowable cost under this contract.
G.3 DISSEMINATION, PUBLICATION & DISTRIBUTION OF INFORMATION
A. Data and information either provided to the Contractor, or to any subcontractor or generated by activities under this contract or derived from research or studies supported by this contract, shall be used only for the purposes of the contract. It shall not be duplicated, used or disclosed for any purpose other than the fulfillment of the requirements set forth in this contract.
This restriction does not limit the contractor's right to use data or information obtained from a non-restrictive source. Any questions concerning "privileged information" shall be referred to the Contracting Officer.
B. Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings which could create erroneous conclusions are not
Page | 14 stipulated. Also, some data or information, which relate to policy matters under consideration by the Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate, within the government, of possible policy options is not damaged.
C. Any questions about use or release of the data or information or handling of material under this contract shall be referred to the Contracting Officer who must render a written determination. The Contracting Officer's determinations will reflect the results of internal coordination with appropriate program and legal officials.
D. Written advance notice of at least forty-five (45) days shall be provided to the Contracting Officer of the Contractor's desire to release findings of studies or research or data or information described above. If the Contractor disagrees with the Contracting Officer's determination, and if this disagreement cannot be settled by the Contractor and the Contracting Officer in a mutually satisfactory manner, then the issue will be settled pursuant to the "Disputes" clause.
E. Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the COR before dissemination, publication, or distribution. Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. This does not apply to information that is requested pursuant to the Federal Freedom of Information Act.
F. The COR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending material is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated.
G. If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the COR shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR may insist that the presentation contain, in a manner of equal importance, materials, which show the government's problem with the presentation.
H. The Contractor agrees to acknowledge support by CMS whenever reports of projects funded, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgment substantially, as follows:
"The analyses upon which this publication is based were performed under Contract Number ________________________, entitled, DME MAC Jurisdiction A.”Sponsored by the Centers for Medicare & Medicaid Services, Department of Health & Human Services."
Any deviation from the above legend shall be approved, in writing, by the Contracting Officer.
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G.4 SUBCONTRACTING REPORTING
The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30. The report(s) shall be delivered not more than thirty (30) calendar days following the close of each period covered.
G.5 SUBCONTRACTING PROGRAM FOR SMALL AND SMALL
DISADVANTAGED BUSINESSES
The contractor hereby agrees to implement the conditions of the subcontracting plan submitted and approved by the Contracting Officer for this contract. The Small Business and Small Disadvantaged Business Subcontracting Plan is hereby incorporated and made a part hereof as Attachment J.03 of this contract.
G.6 SUBCONTRACT CONSENT
A. To facilitate the review of a proposed subcontract by the COR and the Contracting Officer, the Contractor shall submit the information required by FAR Clause 52.244-2, "Subcontracts (OCT 2010)" to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the COR's recommendation and advise the Contractor of his/her decision to consent or object to the proposed subcontract, in writing.
B. Consent is hereby given to issue the following subcontract(s):
(To be completed at time of award, if applicable)
G.7 SERVICE OF CONSULTANTS/ SUBCONTRACTORS
A. For the purposes of this contract, consultants are considered subcontractors. The Contractor shall follow the procedures established in FAR Clause 52.244-2 (OCT 2010).
B. The Contractor shall be reimbursed at the rates(s) set forth below for services provided by consultants in connection with this contract:
Name Rate Per Hour Number of Hours Total Cost Not to Exceed
(To be completed at time of award, if applicable)
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G.8 GOVERNMENT REPRESENTATIVES
The following CMS personnel are the points of contact for this contract:
CONTRACTING OFFICER REPRESENTATIVE (COR)
TBD
CONTRACTING OFFICER (CO)
Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Eastern Medicare Administrative Contracts Attn: Edward B. Farmer Jr. “Chip”, Mail Stop B2-14-21 7500 Security Boulevard Baltimore, MD 21244-1850
(410) 786-1997 Email: Edward.Farmer@cms.hhs.gov
CONTRACT SPECIALIST (CS)
Centers for Medicare & Medicaid Services Office of Acquisition and Grants Management Division of Eastern Medicare Administrative Contracts Attn: Michael Shirk, Mail Stop B2-14-21 7500 Security Boulevard Baltimore, MD 21244-1850
(410) 786-2774 Email: Michael.Shirk@cms.hhs.gov
G.9 CONTRACTING OFFICER RESPONSIBILITY
In accordance with FAR 52.202-1 Definitions (NOV 2013) and FAR 2.101 Definitions, the term “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority delegated by the Contracting Officer.
Notwithstanding any of the other provisions of this Contract, the Contracting Officer shall be the ONLY individual authorized to:
A. Enter into and commit/bind the Government by contract for supplies or services;
B. Accept nonconforming work or waive any requirement of this Contract;
C. Authorize reimbursement to the Contractor for any costs incurred during the performance of the Contract; and
D. Modify any term or condition of this Contract, i.e., make any changes in the SOW;
modify/extend the period of performance; change the delivery schedule.
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G.10 CONTRACTING OFFICER REPRESENTATIVE
A. The following COR(s) will represent the Government for the purpose of this contract:
Contracting Officer’s Representative (COR)
COR TBD
Centers for Medicare & Medicaid Services Center for Medicare Medicare Contractor Management Group Attn: TBD, Mail Stop TBD 7500 Security Boulevard Baltimore, MD 21244-1850
(410) 786-xxxx Email: xxxxx@cms.hhs.gov
B. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the SOW and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; (6) providing technical direction in accordance with section G.11; and (7) reviewing of invoices/vouchers.
C. The COR does not have the authority to act as an agent of the Government under this contract. Only the Contracting Officer has the authority to: (1) direct or negotiate any changes in the SOW; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.
D. The Government may unilaterally change its COR designation.
The COR may be assisted by the Business Function Lead. The Business Function Lead (BFL) will not have the authority to provide technical direction in accordance with Section G.11, however, they may be responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the SOW and any other technical performance requirements;
(3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) reviewing of invoices/vouchers.
G.11 TECHNICAL DIRECTION
A. Performance of the work under this contract shall be subject to the technical direction of the COR. The term "technical direction" is defined to include, without limitation, the following:
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(1) Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual SOW.
(2) Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.
B. Technical direction must be within the general Scope of Work stated in the contract. The COR does not have the authority to and may not issue any technical directions which:
(1) Constitutes an assignment of additional work outside the general Scope of Work of the contract.
(2) Constitutes a change as defined in FAR clause 52.243-2 entitled "Changes - Cost Reimbursement" (AUG 1987).
(3) In any manner causes an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance.
(4) Change any of the expressed terms, conditions, or specifications of the contract.
C. All technical direction shall be issued in writing by the COR or if provided verbally, shall be confirmed by him/her in writing within five working days after issuance.
D. The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this article and within his/her authority under the provisions of this article.
E. If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in (l) through (4) of Section G.11.B, above, the Contractor shall notify the Contracting Officer in accordance with FAR 52.243-2, Changes-Cost Reimbursement Alt I (APR 1984).
G.12 CONTRACT PROPERTY ADMINISTRATION
A. Contractor agrees to furnish information regarding Government Property to the Contract Property Administrator in the manner and to the extent required by the Contract Property Administrator, his duly designated successors, and in accordance with FAR Part 45 and Appendix Q of the Department of Health & Human Services (DHHS) Contracting Guide for Contract of Government Property, (April 2009) which is provided as Attachment J.04 to this solicitation.
B. The Contractor is responsible for an annual physical inventory accounting for all government property under this contract. The inventory must be conducted by September
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30th and the Standard Form 1428 Inventory Schedule, (or other form designated by the Contract Property Administrator), submitted by October 31st of each year.
C. 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. The contractor must complete an HHS-342, Report of Survey, for any GFE/GFP inventory damages or shortages upon the direction of the Contract Property Administrator. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Contract Property Administrator at the following address:
Office of Operations Management, Administrative Services Group Division of Printing, Mail, and Logistics Attn: Tyrone Harris, Sr.
7500 Security Boulevard, M/S SL-13-12 Baltimore, Maryland 21244-1850
(410) 786-2923
D. Commercially leased software is subject to these reporting requirements.
E. The Contractor shall submit a consolidated report of all accountable government property under this contract, including subcontractor inventory information.
F. 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 or required shall be reported and disposition requested from the Contract Property Administrator at least 60 days prior to contract expiration. The final inventory report shall be submitted upon the date of contract expiration.
G.13 GOVERNMENT FURNISHED PROPERTY
Pursuant to FAR Part 45 Government Property and FAR Clause 52.245-1, Government Property (APR 2012), of this contract, the Government will furnish for performance of the work required herein a list of property, which is provided under Attachment J.05 and is hereby made part of this contract.
G.14 CONTRACTOR FURNISHED PROPERTY
A list of Contractor Furnished Property is incorporated as Attachment J.06.
G.15 INVOICING AND PAYMENT – VOUCHERS (Cost Reimbursement Contracts –
AUG 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.
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1. 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 – System for Award Management. In order to receive payments, the contractor shall register in the System for Award Management (SAM) database, in accordance with FAR 52.204-7, System for Award Management. Failure to register in SAM may prohibit CMS from making payments to your organization.
ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all EFT and address changes in SAM via the following email address:
CCRChanges@cms.hhs.gov.
2. 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
Type IA Type IB Type IIIA Type IIIB
TEAM
MEMBER
All Small Businesses (No $ Limit)
All QIOs (No $ Limit)
All Other Contracts
(No $ Limit)
Simplified Acquisitions $3K to $150K
(Small Businesses)
Simplified Acquisitions $3K to $6.5M
(Large Businesses)
All Large Business
Prime Contracts with Small Business Subcontractors (from July 11, 2012 through July 10, 2014)
OFM/DAO 7 Days 7 Days 14 Days 7 Days 22 Days 12 Days
COR 4 Days 0 Days 8 Days 8 Days 8 Days 8 Days
CS/CO 4 Days 8 Days 8 Days N/A N/A 8 Days
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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.
3. MAILINGS: Vouchers shall be submitted as follows:
a. ELECTRONIC MAIL: The contractor shall submit an electronic copy of the voucher to both of the following individuals:
Contract Specialist: Michael.Shirk@CMS.HHS.Gov COR – XXXXX@CMS.HHS.Gov (TBD)
1. REGULAR MAIL: An 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 P.O. Box 7520 Baltimore, MD 21207-0520
2. OVERNIGHT MAIL: If the contractor chooses to use an overnight mail carrier, 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
Total Processing
Time
15 Days Not-to-
Exceed 30 Days
15 Days Not-to-
Exceed 30 Days 30 Days
15 Days Not-to-Exceed
30 Days 30 Days
28 Days Not-to-Exceed
30 Days
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b. 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:
a. FAR 52.216-7, Allowable Cost & Payment, (JUN 2013) and
b. FAR 52.232-1, Payments, (APR 1984) 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.
c. 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.16 SEPARATION OF MEDICARE INTEGRITY PROGRAM AND PROGRAM
MANAGEMENT FUNDING
Funding for Medicare Integrity Program activities under Section 1893 of the Social Security Act is derived from a different source than funding for the other functions (called “Program Management functions”) which the Contractor performs pursuant to the authority of Section 1874A of the Social Security Act. Therefore, separate accounts shall be designated for Medicare Integrity Program activities and the Program Management functions which the Contractor performs pursuant to the authority of Section 1874A. The Contractor shall separately account for costs incurred to perform Medicare Integrity Program activities and its Program Management functions under this contract. In no event shall the Contractor apply funding which is designated for Medicare Integrity Program activities to costs incurred in performing its Program Management functions authorized by Section 1874A; similarly, the Contractor shall not apply funding designated for costs incurred in performing its Program Management functions under Section 1874A to Medicare Integrity Program activities.
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G.17 SEPARATION OF TRUST FUND EXPENDITURES/ACCOUNTING FROM
ADMINISTRATIVE EXPENDITURES/ACCOUNTING
Any costs which are properly chargeable by a provider of services, physician, or supplier as benefit costs in accordance with Title XVIII of the Social Security Act, its implementing regulations and this contract, shall not be chargeable to this contract as administrative costs (i.e., either Medicare Integrity Program or Program Management costs). The Contractor shall separately account for benefit payments made by it from costs incurred to perform its Medicare Integrity Program activities and its Program Management functions under this contract.
G.18 COMPLEMENTARY CREDITS
The contractor shall separately account for complementary credits and reflect the current and cumulative totals on their monthly invoice. The estimated amounts for complementary credits shall be shown as a reduction to the total costs amount (i.e. after application of any fees) within each applicable CLIN. Complementary Credits for crossover claims will be accounted for on a cash basis.
G.19 CORRESPONDENCE PROCEDURES
To promote timely and effective administration, correspondence (except for invoices), submitted under this contact shall be subject to the following procedures:
A. Technical Correspondence - Technical correspondence (as used herein, this term excludes correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the COR with an informational copy of the basic correspondence to the Contracting Officer.
B. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer with an informational copy of the basic correspondence to the COR.
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:
EXAMPLE: Contract No. - 500-00-XXXX Sequence # - XX (YEAR) – XXXX Subject - Request for Subcontract Consent
G.20 DATA TO BE DELIVERED
Any working papers, interim reports, data provided by the Government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer.
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In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract.
G.21 AWARD FEE EVALUATION PLAN
A sample Performance Evaluation Award Fee Plan upon which the determination of award fee is based is identified herein as Attachment J.07. The award fee plan contains details with respect to how the Contractor will be evaluated periodically for its performance. The general criteria upon which the Contractor will be evaluated on can be found in the aforementioned Attachment J.07.
The Contractor may submit self-evaluations of performance for each period under consideration.
The Performance Evaluation Board in reaching its determination will consider these self-evaluations.
A sample Performance Evaluation Award Fee Plan is provided. The final award fee plan will be provided at time of contract award.
G.22 WORKING PAPERS
The Contractor shall provide, at the request of the Contracting Officer, all the working papers used by the participating officials and employees of the Contractor in connection with all work undertaken pursuant to the contract.
G.23 FINAL INDIRECT COST CEILING RATES – ADVANCE UNDERSTANDING
Contractor Fiscal Year
Indirect Cost Rate Description
Allocation Base FINAL Indirect Cost Rate Ceilings
Insert at Time of Award
TBD TBD TBD
A. Indirect Billing Rates
Pursuant to FAR 42.704, Billing Rates, and FAR Clause 52.216-7, Allowable Cost and Payment, (JUN 2013) 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 in (b) below. 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
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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).
B. Indirect Cost Rate Ceilings - Advance Understanding (Also see Section L.15.3)
Pursuant to FAR Clause 52.216-7, Allowable Cost and Payment, (JUN 2013), this…
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