J.4_UPIC_IDIQ_Ordering_Guide.docx

Attachment J.4 HHSM-500-2015-RFP-0122 UPIC Unified Program Integrity Contract (UPIC) Multiple Award IDIQ Ordering Procedures

Table of Contents

1. Background

2. Goals

3. Fair Opportunity

4. Task Orders

5. Ordering Procedures

a. Ordering Approach

i. Complex

ii. Moderately Complex

iii. Non-Complex Requirements

b. Protest

6. Organizational Conflicts of Interest (OCI)

7. Potential Task Order Types

8. Protests

9. Conclusion

1. Background:

This Ordering Guide has been designed to meet the needs of the Center for Program Integrity (CPI) and Office of Acquisitions and Grants Management (OAGM). This guide outlines the procedures for the competitive ordering processes under the UPIC Multiple Award Indefinite Delivery Indefinite Quantity (MA IDIQ) contract.

All IDIQ holders need be aware that the Contracting Officer (CO) has broad discretion with the method of awarding task orders under this IDIQ. IDIQ holders are instructed to read each Request for Proposal (RFP) thoroughly.

Goals: This ordering guide aims to:

· To the maximum extent possible, increase opportunities for small businesses to participate in meaningful program integrity work.

· Maximize the use of performance based contracting wherever possible.

· Reduce the need for redundant documentation and to establish norms for proposal submissions to aid in rapid proposal review.

· Provide all IDIQ holders with a fair opportunity to participate on new work under the UPIC IDIQ.

· Create a healthy competitive environment that will maximize, to the greatest extent possible, competitive pricing, best practices and the most innovative approaches to program integrity concerns.

· Establish a streamlined ordering procedure to enable the completion of a task order competition for a jurisdiction within 180 days.

Fair Opportunity:

To help define the concept of Fair Opportunity for this contract the below examples have been developed to communicate the Government’s intent with regard to when new task orders will be awarded and when existing task orders will be modified. The below are merely examples and do not represent every possible scenario which may occur.

Examples:

Example 1: A new fraud scheme develops in Jurisdiction 2 which requires a significant increase in Level of Effort (LOE). This increase in LOE will not be competed amongst MA IDIQ holders. The increase in LOE will be negotiated with the contractor who currently holds Jurisdiction 2.

Example 2: If X state in Jurisdiction 2 was anticipated to join the UPIC program in year 3 and in year 1 state X decides to join the program, the increase in LOE will not be competed amongst MA IDIQ holders but instead will be negotiated with the contractor who has Jurisdiction 2.

Example 3: The CPI wants to run a nationwide study on fraud scheme X that will cross jurisdictions. Fair opportunity will be provided to MA IDIQ holders for this task order award.

Example 4: A Medicaid on demand project is anticipated in the state of Wyoming, which is Jurisdiction 2. Fair opportunity will be provided to MA IDIQ holders for this task order award.

Example 5: A Medicaid on demand project involving patient harm is impacting UPIC Jurisdictions 1 and 2. A limited competition is held between the jurisdiction 1 and jurisdiction 2 contract holders. Or, possibly due to the nature of the requirement (Patient Harm) modifications to Jurisdictions 1 and 2 may be completed under an exception to fair opportunity.

For more information about exceptions to fair opportunity see Federal Acquisition Regulation (FAR) 16.505(b) (2) Fair Opportunity will be provided for all new task orders that do not meet one of the exceptions described in 16.505 (b) (2). The specific needs of the requirement will dictate the specific acquisition procedures used. Potential offerors may be provided “fair opportunity” through multiple market research tools to include: Requests for Information, Sources Sought, one-on-one meetings, Request for Proposals, Oral Presentations, etc. Offerors are encouraged to participate in all of these types of activities when they are an interested party.

Task Orders The following types of task order / contracts may be awarded under this MA IDIQ contract.

0. *Cost Reimbursement Task Orders / Contracts:

0. Cost Plus Incentive Fee (CPIF) – See FAR Part 16.304

0. Cost Plus Award Fee (CPAF) – See FAR Part 16.305

0. **Cost Plus Fixed Fee (CPFF) – See FAR Part 16.306

0. Cost (C) – See FAR Part 16.302

*Adequate Accounting System: Please be advised that 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 a CR task order award. This requirement extends to subcontractors who are anticipated to have Cost Reimbursement contracting arrangements including Time and Material contracts. A determination of an adequate accounting system must be provided within the Offeror’s proposal submission to be considered for task order award.

**CPFF - Fixed Fee Schedules will take one of two forms provided below. Each CPFF Task Order RFP issued under this contract will be distinguished as either term or completion.

Term Fixed Fee Schedule: In accordance with FAR Part 16.306, the entire fixed fee is only payable if “…at the expiration of the agreed-upon period, upon contractor statement that the level of effort specified in the contract has been expended in performing the contract work…” and “…if performance is considered satisfactory by the Government.” The agreed upon period for the final assessment of performance is up to 160 days after the contract period of performance. One hundred and sixty days after the contract period of performance, if the Government has not provided the Contractor a formal notification of the Government’s determination of the Contractor’s performance, the Contractor is authorized to bill for the remaining fixed fee, except the $100,000 withhold in accordance with 52.216-8. Furthermore, for the contractor to obtain the entire Fee, the Contractor must expend at least 85% up to 100% of the agreed upon LOE (unless otherwise defined at the Task Order level).

Completion Fixed Fee Schedule: The Contractor will be required to complete or deliver an end product or meet a specific milestone described in the SOW within the estimated cost to attain the entire fixed fee payment. The specifics of each fixed fee completion schedule will be dictated in the task order RFP.

0. Firm Fixed Price Task Orders:

1. Fixed Price Incentive – See FAR 16.204

1. Fixed Price with Prospective / Retroactive Price Redetermination – See FAR Part 16.205/16.206)

1. Fixed Price with Economic Price Adjustment – See FAR Part 16.203

1. Fixed Price Level of Effort Term – See FAR Part 16.207

1. Firm Fixed Price – See FAR Part 16.202 Ordering Procedures:

Approach: Contractors are reminded that under this IDIQ, and in accordance with the FAR, the “…competition requirements in Part 6 and the policies in Subpart 15.3 do not apply to the ordering processes.” . The specific elements of each procurement will be based on the needs of the specific requirement and will be shared with the MA IDIQ holders in the manner determined most appropriate by the CO.

Complex: An example of a complex task order would be the award of a UPIC jurisdiction. For these requirements, potential offerors will, at a minimum, have the opportunity to participate in an RFP, Oral Presentation, or a phased acquisition process.

Moderately Complex: An example of a moderately complex task order would be the award of a Medicaid on Demand Project. For these requirements, potential offerors will have, at a minimum, the opportunity to participate in a Request for Information (RFI).

Non-Complex Requirements: An example of a non-complex task order would be the award of a minor pilot project on a new fraud scheme. For these requirements, potential offerors will, at a minimum, be considered for the task order based on internally available information and dollar threshold.

Protests: See FAR 16.505(a) (10) No protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for— A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

The authority to protest the placement of an order under (a) (10) (i) (B) of this section expires on September 30, 2016, for agencies other than DoD, NASA, and the Coast Guard (41 U.S.C. 4103(d) and 41 U.S.C. 4106(f)). The authority to protest the placement of an order under (a) (10) (i) (B) of this section does not expire for DOD, NASA, and the Coast Guard.

Organizational Conflicts of Interest (OCI):

OCI will be assessed prior to each task order award. In an effort to streamline the task order award process, MA IDIQ holders are encouraged in their annual OCI submission to include OCI disclosures for all jurisdictions they anticipate proposing on with their annual OCI submission. For task order competitions offerors will need to either reference their annual OCI submission, if it addresses the particular area and requirement, or provide an updated OCI submission for the specific task order.

Conclusion:

The UPIC MA IDIQ will be a very dynamic environment both from a competitive cost and technical approach perspective. The purpose of this MA IDIQ is to give CPI the flexibility to make changes in approach to meeting fraud demands. Contractors who wish to be successful should be prepared for rapid consistent change equal to that of the changing fraud schemes that we are working to stop.