HHSM-500-2015-RFP-0122_UPIC.pdf

HHSM-500-2015-RFP-0122

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 116

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

07/17/2015 X

ASG - DPIFMC

CMS,OAGM,ASG,DPIFMC

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

BALTIMORE MD 21244-1850

B3-30-03 1200 ES 08/18/2015

GINA ROMANO 410

Gina.Romano1@cms.hhs.gov

786-8372

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X

X

X

X

X

X

X

X

X

X

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PAGE(S)

Michael Connors

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

Unified Program Integrity Contractor (UPIC) HHSM-500-2015-RFP-0122

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TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.2 TASK ORDER AWARDS

B.3 GUARANTEED MINIMUMS & ESTIMATED MAXIMUMS

B.4 DETERMINATION OF ORDER TYPE/PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

THIS SECTION IS INTENTIONALLY LEFT BLANK

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 INSPECTION AND ACCEPTANCE

E.3 ACCEPTANCE BY THE CONTRACTING OFFICER’S REPRESENTATIVE (COR)

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

G.2 PAYMENTS – INVOICES – FIRM FIXED PRICE CONTRACTS (AUG 2013)

G.3 PAYMENTS – VOUCHERS - COST REIMBURSEMENT CONTRACTS (AUG 2013)

G.4 INDIRECT COST RATES (SEP 2014)

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.6 TECHNICAL DIRECTION

G.7 CONTRACTING OFFICER RESPONSIBILITY

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

G.9 CORRESPONDENCE PROCEDURES

G.10 SERVICE OF CONSULTANTS / SUBCONTRACTORS

G.11 SUBCONTRACTING REPORTING (Only for Large Businesses)

G.12 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED

BUSINESSES

G.13 SUBCONTRACT CONSENT

G.14 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

G.15 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

G.16 DATA TO BE DELIVERED

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G.17 PROPERTY ADMINISTRATION

G.18 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE (JUNE 2015)

H.2 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.3 OPEN GOVERNMENT PROACTIVE PREDISCLOSURE NOTIFICATION (OCT

2013)

H.4 CONTRACT RENEWAL

H.5 CONFIDENTIALITY OF INFORMATION

H.6 REPORTABLE EVENTS

H.7 DISCLOSURE OF INFORMATION

H.8 SYSTEMS OF RECORDS

H.9 EMPLOYMENT OF CMS PERSONNEL RESTRICTED

H.10 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT)

H.11 HHSAR 352.239-73(b) ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY (JANUARY 2010)

H.12 SECURITY CLAUSE-BACKGROUND-INVESTIGATION FOR CONTRACTOR

PERSONNEL

H.13 REVOKING SYSTEM ACCESS UPON EMPLOYEE DEPARTURE

H.14 CONTRACTOR TERMINATION CMS BUILDING PASS

H.15 ON-BOARDING PROCEDURES

H.16 CMS INFORMATION SECURITY (APRIL 2013)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE

I.3 FAR 52.216-18 ORDERING (OCT 1995)

I.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.5 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

I.8 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

I.9 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

I.10 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.11 HHSAR 352.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (DECEMBER

1991)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENTS

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J.1 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) UMBRELLA STATEMENT

OF WORK (USOW)

J.2 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) UMBRELLA STATEMENT

OF WORK (USOW) APPENDICES

J.3 REPORT AND DELIVERABLE TEMPLATES

J.3.A UPIC ANALYTIC FINDINGS REPORT

J.3.B UPIC DATA ANALYSIS PROJECT MANAGEMENT PLAN

J.3.C UPIC DATA MATCHING PROTOCOL

J.3.D UPIC FREEDOM OF INFORMATION ACT (FOIA) LOG

J.3.E UPIC FREEDOM OF INFORMATION ACT (FOIA) REQUEST LOG

J.3.F UPIC INFORMATION TECHNOLOGY (IT) SYSTEMS PLAN

J.3.G UPIC JURISDICTION IMPLEMENTATION PROJECT PLAN

J.3.H UPIC MONTHLY STATUS REPORT

J.3.I UPIC RISK MANAGEMENT PLAN

J.3.J UPIC REGIONAL OFFICE (RO) FREEDOM OF INFORMATION ACT

(FOIA) FORM

J.3.K UPIC STATE EDUCATION REPORT

J.4 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) INDEFINITE DELIVERY

INDEFINITE QUANTITY (IDIQ) ORDERING GUIDE

J.5 RESERVED FOR INCORPORATION OF CONTRACTOR’S ORGANIZATIONAL

CONFLICT OF INTEREST CERTIFICATE (INCORPORATED BY REFERENCE)

J.6 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) JURISDICTION 1 (J1)

TASK ORDER

J.6.A UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) J1 TASK ORDER

REQUEST FOR PROPOSAL (RFP)

J.6.B UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) J1 TASK ORDER

STATEMENT OF WORK (SOW)

J.6.C UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) J1 TASK ORDER

STATEMENT OF WORK (SOW) ATTACHMENT A

J.6.D SMALL BUSINESS SUBCONTRACTING PLAN

J.7 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) TECHNICAL

EVALUATION SCENARIOS

J.8 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE SUBMISSION

BY OFFEROR/CONTRACTOR

J.9 PERSONAL CONFLICT OF INTEREST FINANCIAL DISCLOSURE

J.10 PAST PERFORMANCE QUESTIONNAIRE

J.11 RESPONSIBILITY QUESTIONNAIRE

J.12 VIRUS DETECTION CERTIFICATION

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J.13 SUBCONTRACT CHECKLIST – CONSENT TO SUBCONTRACT

J.14 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) MAP OF JURISDICTIONS

(NOTE: ALSO AN APPENDIX (B) TO THE USOW APPENDICES)

J.15 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) AWARD FEE PLAN

EXHIBITS

E.1 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) PRIME PROPOSAL

CHECKLIST

E.1.A UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) SUBCONTRACTOR

PROPOSAL CHECKLIST

E.2 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) JURISDICTION 1 (J1)

BUSINESS PROPOSAL SPREADSHEETS

E.2.A UPIC J1 BUSINESS PROPOSAL SPREADSHEET CLIN 0001

E.2.B UPIC J1 BUSINESS PROPOSAL SPREADSHEET CLIN 0002

E.2.C UPIC J1 BUSINESS PROPOSAL SPREADSHEET CLIN 0003

E.2.D UPIC J1 BUSINESS PROPOSAL SPREADSHEET CLIN 0004

E.2.E UPIC J1 BUSINESS PROPOSAL SPREADSHEET CLIN 0005

E.3 UNIFIED PROGRAM INTEGRITY CONTRACT (UPIC) QUESTIONS TEMPLATE

E.4 ANSWERS TO DRAFT SOLICITATION QUESTIONS

E.5 DRAFT UNIFIED CASE MANAGEMENT FUNCTIONAL REQUIREMENTS

DOCUMENT

E.6 DRAFT PROGRAM INTEGRITY MANUAL CHAPTER 4

E.7 DRAFT PROGRAM INTEGRITY MANUAL CHAPTER 8

E.8 DRAFT PROGRAM INTEGRITY MANUAL CHAPTER 16

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

K.2 FINANCIAL INFORMATION

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

K.5 FAR 52.230-1 COST ACCOUNTTING STANDARDS NOTICES AND

CERTIFICATIONS (MAY 2012)

K.6 FAR 52.230-7 PROPOSAL DISCLOSURE – COST ACCOUNTING PRACTICE

CHANGES (APR 2005)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) PROVISIONS INCORPORATED BY REFERENCE

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION

(JAN 2004) (DEVIATION)

L.4 FAR 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010)—ALT 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 FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

L.8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.9 SUBMISSION OF QUESTIONS AND INTENT TO SUBMIT A PROPOSAL

L.10 GENERAL

L.11 PROPOSAL SUBMISSION AND DELIVERY

L.12 GENERAL PROPOSAL INSTRUCTIONS

L.13 BUSINESS PROPOSAL (VOLUME I) INSTRUCTIONS

L.14 TECHNICAL PROPOSAL (VOLUME II) INSTRUCTIONS

L.15 BUSINESS ETHICS, ORGANIZATIONAL AND PERSONAL CONFLICTS OF

INTEREST AND COMPLIANCE (MAY 2015) (VOLUME III) INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.2 EVALUATION METHODOLOGY

M.3 RELEVANCE OF EVALUATION FACTORS

M.4 TECHNICAL PROPOSAL EVALUATION

M.5 BUSINESS PROPOSAL EVALUATION

M.6 CONFLICTS OF INTEREST (OCI) EVALUATION

M.7 CLARIFICATION/COMMUNICATIONS WITH OFFEROR’S BEFORE

ESTABLISHMENT OF THE COMPETITIVE RANGE

M.8 COMPETITIVE RANGE

M.9 DISCUSSIONS

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PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

This is a Multiple Award Indefinite Delivery Indefinite Quantity (MA IDIQ) contract which will be awarded in support of the Centers for Medicare and Medicaid Services’ (CMS) audit, oversight and anti-fraud, waste and abuse efforts. The Unified Program Integrity Contractor (UPIC) shall provide and furnish the necessary and qualified personnel, facilities, equipment, materials, and supplies not otherwise provided by the Government, as needed to perform the requirements set forth in the Statement of Work (SOW), Section J, Attachment J.1.

B.2 TASK ORDER AWARDS

This is a Multiple Award Indefinite Delivery Indefinite Quantity (MA IDIQ) Contract in which task orders will be competed among the IDIQ holders. Ordering procedures are provided at Attachment J.4.

The predominance of task orders anticipated to be awarded under this MA IDIQ will be Cost Reimbursement (CR). If the Offeror does not have an accounting system that is deemed adequate for determining costs applicable to the contract (FAR 16.301-3) and for accumulating and segregating costs under a CR contract, it will not be eligible for award. This requirement extends to subcontractors who are anticipated to have Cost Reimbursement contracting arrangements including Time and Materials type contracts.

B.3 GUARANTEED MINIMUMS & ESTIMATED MAXIMUMS

During the contract period of performance, inclusive of any contract renewal periods, the Government shall place orders totaling a:

Minimum of $25,000 (inclusive of all costs and fees); and

Maximum amount not to exceed $2,500,000,000 (inclusive of all costs and fees).

B.4 DETERMINATION OF ORDER TYPE/PRICES/COSTS

To be determined on individual task orders

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work (SOW) as identified in Section J, Attachment J.1, entitled “UPIC SOW”, which is attached and made a part of this solicitation.

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SECTION D – PACKAGING AND MARKING

THIS SECTION IS INTENTIONALLY LEFT BLANK

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

The following clauses apply to cost reimbursement task orders:

Clause No. Title Date 52.246-5 Inspection of Services - Cost-Reimbursement Apr 1984

The following clauses apply to firm fixed price task orders:

52.246-4 Inspection of Services - Fixed Price Aug 1996

E.2 INSPECTION AND ACCEPTANCE

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

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

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

E.3 ACCEPTANCE BY THE CONTRACTING OFFICER’S REPRESENTATIVE (COR)

All items to be delivered to the Contracting Officer’s Representative (COR) will be deemed to have been accepted 60 calendar days after the 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.

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

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

The following clauses apply to all task orders:

52.242-15 Stop-Work Order AUG 1989

The following clauses apply to cost reimbursement task orders:

52.242-15 Stop-Work Order – Alternate I (Apr 1984) AUG 1989

The following clauses apply to firm fixed price task orders:

52.242-17 Government Delay of Work APR 1984

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance of this contract is February 29, 2016 through February 28, 2017.

This contract includes the following Option Periods:

Option Period 1 March 1, 2017 through February 28, 2018 (Estimated) Option Period 2 March 1, 2018 through February 28, 2019 (Estimated) Option Period 3 March 1, 2019 through February 29, 2020 (Estimated) Option Period 4 March 1, 2020 through February 28, 2021 (Estimated) Option Period 5 March 1, 2021 through February 28, 2022 (Estimated) Option Period 6 March 1, 2022 through February 28, 2023 (Estimated) Option Period 7 March 1, 2023 through February 29, 2024 (Estimated) Option Period 8 March 1, 2024 through February 28, 2025 (Estimated) Option Period 9 March 1, 2025 through February 28, 2026 (Estimated)

F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE

The Contractor shall furnish the items required under this contract in accordance with the reporting instructions and delivery schedule set forth in Section J.1, UPIC USOW, Appendix A, Deliverables.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

DESIGNATED ON TASK ORDERS

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

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

b. METHOD OF PAYMENT: CMS shall only make an electronic payment of invoices in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – System 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.

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

• Contractor’s name and address;

• Contractor’s Tax Identification Number (TIN);

• Contractor’s DUNS Number;

• Invoice date;

• Invoice Number to include the designation of the Contract Payment Category Type as follows:

Contract Payment Category Type I, II, IV (TBD upon award) mailto:CCRChanges@cms.hhs.gov

Contract and Order Number, as applicable;

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

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

Shipping and payment terms;

Terms of any discount for prompt payment offered;

Other substantiating documentation or information as required by the 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 invoice; and, Period of performance or delivery date of goods or services provided.

d. MAILINGS: Invoices shall be submitted as follows:

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

• Contract Specialist – Gina.Romano1@cms.hhs.gov; and

• COR - xxxx.xxxxx@CMS.HHS.Gov.

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

Department of Health & Human Services Centers for Medicare & Medicaid Services

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

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 mailto:Gina.Romano1@cms.hhs.gov mailto:xxxx.xxxxx@CMS.HHS.Gov

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OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

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

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

e. PAYMENTS: The Government shall make payment of all invoices in accordance with

• FAR 52.232-1 Payments, and

• FAR 52.212-4 Contract Terms and Conditions – Commercial Items (If applicable)

Upon acceptance by the Contracting Officer’s Representative (COR) in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval, as appropriate.

Reimbursement for invoices submitted under this contract shall be made not later than thirty (30) calendar days after receipt of an acceptable invoice from the Contractor in the copies requested at the paying office designated above. Any discrepancies determined as a result of the audit could delay the processing of the invoice and may result in the invoice being returned to the Contractor for corrections.

f. INTEREST ON OVERDUE PAYMENT

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

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

G.3 PAYMENTS – 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.

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

– 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.

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

CCRChanges@cms.hhs.gov.

c. CONTENT OF 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 I, II, III, IV (TBD upon award)

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, 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

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 mailto:CCRChanges@cms.hhs.gov

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 – Gina.Romano1@cms.hhs.gov; and

• COR - xxxx.xxxxx@CMS.HHS.Gov.

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

OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

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

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 and 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 mailto:Gina.Romano1@cms.hhs.gov mailto:xxxx.xxxxx@CMS.HHS.Gov

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Payment Act and 5 CFR Part 1315.

G.4 INDIRECT COST RATES (SEP 2014) (applicable to Cost Reimbursement Task Orders)

a. INDIRECT COST BILLING, CEILING and FINAL RATES (To be completed at time of award):

1. Billing Rates:

i. Federal Acquisition Regulation (FAR) 52.216-7(e) Billing rates, states, “Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.

These billing rates—

(1) Shall be the anticipated final rates; and,

(2) May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment.”

Therefore, the Government shall reimburse the Contractor at the established Billing Rates, as established by the Cognizant Federal Agency (CFA) or cognizant auditor. Any change(s) to the Billing Rate(s) established, shall be approved by the CFA or cognizant auditor. In the event the Billing Rate(s) exceed any Ceiling Rate(s) established in G.4.a.2. below, the Government shall reimburse the Contractor at the Ceiling Rate(s).

ii. Interim Billing Rates: In the event that the Contractor does not have

Contracting Officer or authorized representative (cognizant auditor) established Billing Rates, the following Interim Billing Rates apply to this contract:

INTERIM BILLING RATES:

Indirect Cost Pool Billing Rate Rate Base

Contractor Fiscal Year

Fringe (Ceiling

NA)

TBD (a)

Overhead TBD (b) G&A TBD (c) Other TBD (d)

Rates are applied to the following rate base(s):

a. Fringe rate is applied to …

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b. Overhead rate is applied to…

c. G&A rate is applied to…

The above rates shall be used for reimbursement on contractor billings, pending review of a well-supported Billing Rate proposal, which is required to be submitted to the mailbox identified below, by the Contractor within six (6) months of contract award. The proposal shall be based upon at least four (4) months of actual costs and estimated costs for the current fiscal year and out-years of this contract. If you have prior year actuals, submit at least two (2) years, if available.

For information about the proposal submission, refer to “Information for Contractors” at http://www.DCAA.Mil/Audit_Process_Overview.html.

CMS, or another CFA official or cognizant auditor, shall review the proposed rates in accordance with FAR 52.216-7(e) and FAR 42.704 Billing rates, to establish Billing rates for the current fiscal year and to provide current recommendations on the out-year rates. After receiving the established CFA or cognizant auditor Billing Rate Agreement, the Interim Billing Rates no longer apply.

Submit Billing Rate Proposals to:

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

2. Indirect Cost Ceiling Rate(s):

a) Indirect Cost Ceiling Rate(s) established (as applicable) for this contract are in accordance with FAR 42.707, Cost Sharing Rates and Limitations on Indirect Cost Rates, and are as indicated below in the chart.

INDIRECT COST “CEILING” RATES

Indirect Cost Pool

Indirect Cost Ceiling Rate

Contractor’s Fiscal Year

Rate / Allocation Base

Overhead (a) G&A (b) Other (c)

Overhead (a) G&A (b) Other (c)

Overhead (a) G&A (b) Other (c)

Overhead (a) G&A (b) Other (c) http://www.dcaa.mil/Audit_Process_Overview.html mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

Rates are applied to the following rate/allocation base(s):

Rate/Allocation Base a. Overhead rate is applied to …TBD Rate/Allocation Base b. G&A rate is applied to…TBD

b) When a ceiling rate(s) is/are established -

(1) The Government will not be obligated to pay any additional amount, should the final indirect cost rate(s) exceed the negotiated ceiling rate(s).

(2) In the event a final indirect cost rate is less than the negotiated ceiling rate, costs will be reimbursed at the final indirect cost rate.

3. Final Indirect Cost Rates: Pursuant to the provisions of FAR 52.216-7, Allowable Cost and

Payment, the allowable Indirect Costs under this contract shall be obtained by applying the CFA approved Final Indirect Cost Rate(s) or the Ceiling Rate(s) (whichever are lower) to the appropriate cost base.

b. INDIRECT COST RATE (ICR) PROPOSAL: Pursuant to FAR 52.216-7, Allowable Cost and

Payment, paragraph (d)(2), Final indirect cost rates, the Contractor shall submit an adequate final annual Indirect Cost Rate proposal within the 6-month period following the expiration of each of its fiscal years.

FAR 42.003(a) provides that the CFA, “…normally will be the agency with the largest dollar amount of negotiated contracts, including options.” FAR 42.703-1 further provides that a single agency shall be responsible for establishing final indirect cost rates for each business unit. This single agency is the CFA and may be DHHS, a delegated component of DHHS or another Federal Agency.

The Contractor shall submit its certified annual Indirect Cost Rate proposal to the following (both

CMS and the CFA) as identified below:

CMS:

Electronic proposals shall be submitted in MS Word and Excel formats, with .pdf signed Certification, to (Do not .pdf the entire proposal):

Office of Acquisition & Grants Management Acquisition Business & Services Group Division of Financial Services at -

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

AND

COGNIZANT FEDERAL AGENCY:

TBD

Any questions about CFA responsibilities may be submitted to the OAGM, ABSG, Division of

Financial Services at:

mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov.

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

CMS reserves the right to restructure how Contracting Officer’s Representatives (COR’s) are appointed.

a. Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative (COR) is authorized to monitor the Contractor performance as set forth in the provisions of the contract. The Contracting Officer’s Representative’s Technical Direction responsibilities shall include continuous overall monitoring of the Contractor’s compliance with all substantive project objectives. Specific duties and responsibilities are identified in G.6 Technical Direction.

In the event that a technical direction dispute cannot be settled between the COR and the Contractor, the matter will be elevated to the Contracting Officer for resolution. The Contracting Officer will be responsible for settling the dispute. Please also see FAR 52.243-7, Notification of Changes.

b. Alternate Contracting Officer’s Representative (ACOR)

In the absence of the COR, the ACOR is empowered with the same abilities, responsibilities, and limitations of the COR.

G.6 TECHNICAL DIRECTION

The COR shall be responsible for issuing technical guidance to the Contractor, which is within the scope of the contract, as written, in order to ensure proper development of requirements and assist Contracting Officers in managing their contracts. Although not all inclusive, the COR shall be responsible for providing technical guidance and oversight as follows:

a. Performance of the work under this contract shall be subject to the Technical

Guidance/Monitoring of the COR. The term “Technical Guidance/Monitoring” is defined to include, without limitation, the following:

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

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

Name TBD Phone Number E-mail

Name TBD Phone Number E-mail mailto:AcquisitionDFSIncurredCostSubmission@cms.hhs.gov

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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 guidance must be within the general Statement of Work stated in the contract. The

Contracting Officer’s Representative does not have the authority to, and may not issue, any technical guidance which:

1. Constitutes an assignment of additional work outside the general Statement of Work of the contract.

2. Constitutes a change as defined in FAR Clause 52.243-2 Changes Cost Reimbursement.

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 guidance shall be issued in writing by the Contracting Officer’s Representative or shall be confirmed by him/her in writing within 5 working days after verbal issuance.

1. Technical direction which is not in writing within the 5 day period must cease until written direction is received from the COR.

2. Technical direction received from individuals other than the COR will not be executed until such time as the contractor has received the proper documentation instructing the contractor to comply with said direction from either the COR or CO.

The contractor and not the Government is responsible for any costs incurred as a result of technical direction which was initiated prior to receiving proper authorization from those individuals who have the authority to provide such direction.

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

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

Officer’s Representative is within one of the categories as defined in G.6, b(l) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer in accordance with FAR 52.243-7, Notification of Changes.

G.7 CONTRACTING OFFICER RESPONSIBILITY

Name TBD Phone Number E-mail

In accordance with FAR 52.202-1 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 Statement of Work;

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

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

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

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

Name Labor Category Phone E-Mail Address

* Key Personnel will be denoted at the task order level for this effort.

G.9 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 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 COR and ACOR with an informational copy of the basic correspondence to the Contracting Officer and Contracting Specialist.

b. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer and Contracting Specialist, in duplicate, with an informational copy of the basic correspondence to the COR and ACOR.

c. Subject Lines - All correspondence shall contain a subject line, commencing with the contract number as illustrated below:

EXAMPLE: Contract No. HHSM 500-2015-XXXX Request for Subcontract Consent

G.10 SERVICE OF CONSULTANTS / SUBCONTRACTORS

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

b. The Contractor shall follow the appropriate procedures established in the Federal Acquisition

Regulation (FAR) when requesting Contracting Officer consent to subcontract for Consultants and/or other subcontracts (see FAR 52.244-2, 52-244-5, and 52.244-6).

G.11 SUBCONTRACTING REPORTING (Only for Large Businesses)

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran owned small businesses, 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.12 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED BUSINESSES

In accordance with FAR 19.704, Subcontracting Plan Requirements, the subcontracting plan submitted for work under this contract with small, small disadvantaged, woman-owned, HUBZone, veteran owned small businesses, and service-disabled veteran-owned small business concerns, shall be approved by the Contracting Officer and incorporated as part of this contract. Contractors should strive to achieve the following Department of Health and Human Services minimum small business utilization goals when developing its small business subcontracting plan:

Small Business (Overall) 33% Small Disadvantaged Business 5% Women-Owned Small Business 5% HUBZone 3% Veteran-Owned Small Businesses 3% Service Disabled Veteran Owned Small Business 3%

G.13 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 the FAR Clause 52.244-2, Subcontracts 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 to or dissent from the proposed subcontract in writing.

(b) In the event that proposed subcontracts are intended to be cost reimbursement it is requested that proof of an adequate accounting system be provided to the CO as part of the contractor’s http://www.esrs.gov/

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

TBD

G.14 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

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

Upon the request of the Contracting Officer or the expiration date of this contract, whichever shall come first, the contractor shall, upon instructions from the Contracting Officer, return or destroy all data given to the contractor by the Government. However, the Contracting Officer may direct that the data be retained by the contractor for a specific period of time, which period shall be subject to agreement by the contractor. Whether the data are returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the contractor may refuse to retain the data. The contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate. In absence of direction from the CO, the Contractor shall assume data will need to be returned to the Government.

G.15 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

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

b. Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings which could create erroneous conclusions are not disclosed. 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

Back to Table of Contents 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 made available under the Federal Freedom of Information Act.

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

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

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

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

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

G.16 DATA TO BE DELIVERED

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

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

G.17 PROPERTY ADMINISTRATION

a. General:

The CMS Contract Property Administrator, Property and Distribution Management Section, Back to Table of Contents

Division of General Services, 7500 Security Blvd., Baltimore, Md. 21244, is hereby designated the property administration function…