RFP_MACRA.docx

HHSM-500-2016-RFP-0021

MACRA Quality Improvement Direct Technical Assistance

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The Medicare Access and CHIP Reauthorization Act of 2015 (H.R. 2)1 (MACRA) established a direct technical assistance program, which is referred to hereafter as the MACRA Quality Improvement Direct Technical Assistance (MQIDTA) (Quality Payment Program Small/Underserved/and Rural Support (MQIDTA (QPP-SURS))) Program, in Title I Section 101(c) (11) Technical assistance to Small Practices and Practices in Health Professional Shortage Areas. Direct technical assistance through this program will target eligible providers in individual or small group practices of 15 or fewer, focusing on those practicing in historically under resourced areas including rural areas, health professional service areas (HPSA), and medically underserved areas (MUA) of greatest need.

The purpose of this contract is to provide direct technical assistance and support services tailored to clinician needs to ensure successful participation of MIPS eligible clinicians during the transition of Medicare payments from a FFS system to one based on performance and patient outcomes. CMS anticipates provision of technical assistance resourcing for all eligible clinicians meeting the target population requirements of the geographically defined areas across the country. The contractor will identify, assess, and enroll clinicians into the program. Additionally, the contractor will assist with implementation of a quality improvement program, provide customized direct technical assistance tailored to clinician needs, and enable Peer-to-Peer Learning. Technical Assistance is defined as clinician outreach, education, practice readiness, practice facilitation, HIT optimization, practice workflow redesign, change management, strategic planning, assisting with full transition to APM, and enabling partnerships with local stakeholders. Through additional contract support, outcomes based measures of customized direct technical assistance will be identified, collected and reported to HHS leadership on a frequent and ongoing basis.

B.2 TYPE OF CONTRACT

This is a Cost-Plus-Fixed Fee (CPFF) contract. The services of this contract will be severable.

B.3 ESTIMATED COST-PLUS-FIXED FEE (CPFF)

This is a cost-plus-fixed-fee contract. The total estimated cost of this contract is $TBD. The total fixed-fee of this contract is $TBD. The total estimated cost-plus-fixed-fee of this contract is $TBD (including base and all options).

The Contractor shall be paid on a monthly basis upon its submission of complete and acceptable voucher/invoices. The fixed-fee portion of the effort shall be divided equally between each of the 12 months of the base year.

1. CLIN 0001 Base Period, TBD

The total estimated cost of the Base Year is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this contract is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

If the Government elects to exercise its options (refer to Section I, FAR 52-217-9) option periods shall be funded by modification(s) to this contract signed by the Contracting Officer.

1. CLIN 0002 Option I, TBD

The parties hereto agree that upon issuance of a modification exercising Option I, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

1. CLIN 0003 Option II, TBD

The parties hereto agree that upon issuance of a modification exercising Option II, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

C. CLIN 0004 Option III, TBD

The parties hereto agree that upon issuance of a modification exercising Option III, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

D. CLIN 0005 Option IV, TBD

The parties hereto agree that upon issuance of a modification exercising Option IV, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

B.4 WITHHOLDING OF FEE

In accordance with FAR 52.216-8, entitled "FIXED FEE:"

a) The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule.

b) Payment of the fixed fee shall be made as specified in the Schedule, provided that after payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less.

B.5 TRANSITION SERVICES

At the beginning and/or end of the contract, in the event that CMS requires transition services from the incumbent Contractor to a successor, the Contractor will participate in transition activities and submit a transition business and technical proposal when requested. Refer to Section H.14 and Section C.8 of the SOW for guidance. These services will be incorporated into the contract, if applicable.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The Statement of Work is provided as Attachment J.1.

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables shall be marked clearly using the contract number and shall follow any directions provided in Section F. All deliverables required under this contract shall be packaged, marked and shipped in accordance with the SOW, and any additional requirements set forth by the Contracting Officer Representative in concert with the Contracting Officer. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

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.

Federal Acquisition Regulation (FAR) Clauses:

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

E.2 INSPECTION AND ACCEPTANCE

a. All work under this contract is subject to inspection and final acceptance by the CO 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 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 PERFORMANCE IMPROVEMENT PLAN (PIP)

A PIP is a description of the work to be performed by the Contractor to improve its performance and eliminate noted deficiencies. In the event a Contractor fails to meet its contract requirements for acceptability, a PIP may be required in accordance with Section C.7 of the Statement of Work. The PIP is developed by the Contractor at the direction of the Contracting Officer’s Representative and must be approved by the Contracting Officer’s Representative and Contracting Officer prior to implementation. Each PIP will contain a specified timeframe in which the Contractor must correct the noted deficiency.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance (estimated) for this contract is as follows:

F.3 ACCEPTANCE OF DELIVERABLES

All required contract deliverables shall be reviewed by the COR to determine acceptance. The COR will respond, in writing, within 45 days of receipt of any contract deliverable indicating if final acceptance has been granted. If deficiencies in Contractor’s deliverable are identified, the COR shall provide feedback to the Contractor prior to the 45 day timeframe for final acceptance. If the Contractor does not receive a written indication from the COR within the 45 days, then the Contractor shall consider the deliverable to be accepted. The Contractor is responsible for ensuring the COR is in receipt of the deliverables. Receipt can be acknowledged in any form of writing (mail or electronic). The 45 day timeframe begins on receipt of deliverable, not acknowledgment of receipt.

See Attachment J.2, Schedule of Deliverables

F.4 GOVERNMENT POINTS OF CONTACT

A. Contracting Officer (CO):

Kimberly Tatum Centers for Medicare & Medicaid Services

OAGM/ASG/DQC

7500 Security Boulevard, Mailstop B3-30-03 Baltimore, MD 21244-1850 Phone: 410-786-7440 Email: Kimberly.Tatum@cms.hhs.gov

B. Contract Specialist (CS):

To Be Determined Centers for Medicare & Medicaid Services

OAGM/ASG/DQC

7500 Security Boulevard, Mailstop B3-30-03 Baltimore, MD 21244-1850 Phone: 410-786-0352 Email: TBD

C. Contracting Officer’s Representative (COR):

To Be Determined

D. Financial Management Specialist (FMS):

Benjamin Bernstein Centers for Medicare & Medicaid Services

CCSQ/BOG

7500 Security Boulevard, Mailstop S3-02-01 Baltimore, MD 21244-1850 Phone: 410.786.6570 Email: Benjamin.Bernstein@cms.hhs.gov

E. Division of Quality Systems and Operation Support (DQSOS):

Centers for Medicare & Medicaid Services

CCSQ/ISG/DQSOS

7500 Security Boulevard, Mailstop S3-02-01 Baltimore, MD 21244-1850 Phone: 410.786.0633 Email: dqsos@cms.hhs.gov

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

TBD

G.2 PAYMENTS – VOUCHERS (Cost Reimbursement Contracts – OCT 2015)

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.

ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking 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 TBD

· Contract and Order Number, as applicable;

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

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

· Shipping and payment terms;

· Terms of any discount for prompt payment offered;

· Other substantiating documentation or information as required by the contract;

· Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent;

· Name, title, phone number of person to notified in the event of a defective voucher; and,

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

d. MAILINGS: Vouchers shall be submitted as follows:

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

· CS listed in Section F of the contract award.

· COR listed in Section F of the contract award.

2. REGULAR MAIL: An original hard copy of the voucher shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

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

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

e. PAYMENTS: The Government shall make provisional payments on all vouchers (pending the completion of a final audit of the Contractor's cost records) in accordance with:

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

· FAR 52.232-1, Payments, and

Upon acceptance by the Contracting Officer’s Representative (COR) of the required supplies/services in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval.

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

f. INTEREST ON OVERDUE PAYMENT

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

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

G.3 CONTRACTING OFFICER (CO) RESPONSIBILITY

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

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR’s responsibilities include:

1. Authority for directing and managing implementation of the program/technical aspects of the Act, as amended, has been re-delegated from the Administrator through the Director of the Centers of Clinical Standards and Quality (CCSQ).

2. Serving as the authorized representative of the CO and representing CMS for the purpose of providing technical direction and monitoring of contract performance, in accordance with the SOW and the technical direction section below. It is within the purview of the COR to conduct on-site visits as deemed necessary. Such visits are to be used as a tool to gather or verify information regarding such things as HCQIS property, performance issues and/or financial issues.

3. Conduct necessary evaluations throughout the term of the contract. The COR may include any CMS personnel considered necessary in order to conduct these reviews.

4. Monitor the contractor's progress against the contract management plan. The COR may use the contract management plan as a tool in providing appropriate technical direction to the Contractor. See technical direction section below.

5. Provide advice and consultation on the SOW and deliverables and services to be furnished under the provisions of the contract. Unlike technical direction, however, the Contractor is not required to implement these suggestions.

6. Working with other government personnel to provide information to the Contractor which assists in the interpretation of the work and services to be furnished within a given task area.

The Government may unilaterally change the COR designation.

G.5 TECHNICAL DIRECTION

A. The term “Technical Direction” is defined as government guidance of a Contractor’s effort toward areas of effort that fall within the SOW. For the purposes of this contract, this definition shall include, without limitation, the following:

1. Recommendations from the COR that must be implemented by the Contractor to ensure their performance is compliant with the minimum requirements of the contract.

2. 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 accomplish the contractual SOW.

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

4. 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 SOW 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 SOW of the contract.

2. Constitutes a change as defined in FAR 52.243-2, as referenced in Section I.

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 shall be confirmed by him/her in writing within 5 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 (b) above, the Contractor shall not proceed but shall notify the CO in writing within 5 working days after the receipt of any such instruction or direction and shall request the CO to modify the contract, accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract. The Contractor shall thereupon proceed immediately with the instructions or direction or upon the contract action to be taken with respect thereto and shall be subject to the provision of the contract clause entitled "Disputes."

G.6 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 with an informational copy of the basic correspondence to the CO.

b. Other Correspondence - All other correspondence shall be addressed to the CO, in duplicate, 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 as illustrated below:

G.7 SUBCONTRACT/CONSULTANT CONSENT

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

b. To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCT 2010) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the CO. Refer to Attachment J.4, Consent to Subcontract. The CO 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.

c. Based upon the requirements of this contract, prior consent is required for:

1. All cost reimbursement, time and materials, labor hour subcontracts, and

2. Fixed Price subcontracts over $150,000 or 5% of the total estimated cost of the contract.

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

TBD

G.8 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 CO specifically permits another use, in writing. Should the CO 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 CO 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 CO may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

Upon the request of the CO or the expiration date of this contract, whichever shall come first, the Contractor shall, upon instructions from the CO, return or destroy all data given to the Contractor by the Government. However, the CO 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 CO 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 CO 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 CO shall determine is adequate.

G.9 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 CO.

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.10 PROPERTY ADMINISTRATION

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

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

Centers for Medicare & Medicaid Services OOM, Administrative Services Group Division of Property and Space Management Attn: Tyrone Harris, Sr.

7500 Security Boulevard, M/S SLL-13-12 Baltimore, Maryland 21244-1850 (410) 786-2923

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

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

e. The final inventory report shall indicate that all items required for continued contract performance are acceptable and free from contamination. Property that is no longer usable or required shall be reported and disposition requested. The final inventory report shall be submitted upon the date of contract expiration.

G.11 GOVERNMENT FURNISHED/CONTRACTOR ACQUIRED PROPERTY

Pursuant to FAR Part 45 – Government Property and FAR Clause 52.245-1, Government Property, of this contract, the Government will furnish for performance of the work required herein a list of property, which is provided under Attachment J.9 and is hereby made part of this contract.

G.12 PROCESS FOR OBTAINING ADDITIONAL HARDWARE (HW)/SOFTWARE (SW)

Purchases for ERB approved requests can only be initiated after authorization is obtained from the CO.

The procedures provided below apply to requests for “ADDITIONAL HARDWARE/ SOFTWARE.” CMS will determine each Contractor’s initial Hardware/Software configuration. CMS will initiate an order for such hardware/software with the CMS Contractor. CMS will inform the contractor of the CMS determined configuration.

The contractor shall be responsible through its contract for installation services and associated costs. The QNet Support Contractor is not responsible for payment issues between the selected vendor, CMS, and the contractor.

The HCQIS Contractor shall be responsible for de-identifying, duplicating and maintaining duplicate data requests received from Contractors on behalf of entities engaging in Data Use Agreements with the Contractors.

The QNet HCQIS ERB Team shall review a contractor request and provide a written recommendation and cost estimate to CMS for approval/disapproval with ten (10) working days of receipt of a completed ERB Purchase Request form.

After your assigned COR has approved your purchase request, CMS will review the QNet HCQIS ERB Team’s recommendation and provide a signed and dated approval/disapproval of the Purchase Request (within seven (7) working days) in the Remedy AR system. In cases where there is not enough information on the Purchase Request or there is a request for Non-Standard equipment, the Purchase Request may be held for an undetermined period in a Pending status before it is approved/disapproved.

Within three (3) working days of the CMS decision (approved/disapproved), the status of the ERB Purchase Request will be updated in the Remedy AR system.

If the Purchase Request is approved, the QNet Support Contractor will use the Remedy AR system to request a Purchase Order (PO) from the contractor. Upon receipt of a contractor PO number in Remedy, the QNet Support Contractor will order the requested item and have it shipped to the contractor.

G.13 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

a. General:

In accordance with Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS), the Government wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate. CPARS is a secure Internet website located at https://www.cpars.gov.

b. CPARS Process:

1. CPARS Training: Contractors may obtain CPARS training material and register for on-line training at https://www.cpars.gov.

2. Post-Award Contract Registration: CMS is responsible for registering the contract in CPARS within 30 calendar days of contract award. The Contractor shall:

a) Designate at least one (1) point of contact that will be responsible for serving as the Contractor’s Representative (CR). Additional CRs may also be identified; and,

b) Provide the CMS Contract Specialist with the name(s) and email address(es) of the CPARS point(s) of contact.

Once CMS registers the contract in CPARS, the CR(s) will receive an automated CPARS email message that contains User IDs and instructions for creating a password for future past performance evaluation processing.

3. Interim, Annual and Final Past Performance Evaluation Reports:

a) Issuing the Evaluation: Once the CMS Assessing Official (AO) issues an evaluation to the Contractor in CPARS, the CR(s) will receive an email instructing them to login to CPARS to review the evaluation.

b) Contractor Comments: The CR has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO. The CR has a total of 60 days following the AO’s evaluation signature date to submit comments. If the CR submits comments within the first 14 days following the AO’s signature date and the AO closes the evaluation, the evaluation will become available in Past Performance Information Retrieval System - Report Card (PPIRS-RC) within 1 day.

On day 15 following the AO’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without CR comments and whether or not it has been closed by the AO. If no CR comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC.

If the CR sends comments at any time prior to 61 days following the AO’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the AO’s evaluation signature date, the CR will be “locked out” of the evaluation and may no longer send comments.

G.14 ANNUAL WAGE DETERMINATIONS

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number(s): To Be Determined (See Attachment J.8) (See also Section I, FAR 52.222-49 (Service Contract Act- Place of Performance Unknown)).

G.15 CONTRACT WORK PERFORMED OUTSIDE THE UNITED STATES (APR 2016)

To comply with requirements of Homeland Security Presidential Directive -12 (HSPD-12) and Personal Identity Verification (PIV) of Federal Employees and Contractors, CMS must achieve appropriate security assurance for multiple CMS information systems by efficiently verifying the claimed identity of individuals working on the contract. The Contractor and its subcontractor(s) shall not perform any activities under this contract, including the transmission of data or other information, outside of the United States (U.S.) and its Territories without the prior written approval of the CO. If work must be performed outside the U.S., the Contractor shall submit a request to the CO, in writing, at least 45 calendar days prior to the work beginning.

The CO will consider the following factors in making a decision whether to authorize the performance of work outside the U.S. and its Territories:

1. SOW requirements, which are being requested to be completed outside the U.S. and its Territories;

2. Total projected dollar value of the work to be performed outside the U.S.;

3. The desired country/location where the work will be performed;

4. FAR Part 25, Foreign Acquisitions, and all other laws and regulations applicable to the performance of work outside the United States;

5. Whether the contractor and/or its subcontractor(s) have plans in place to adequately protect and secure CMS data, as well as abide by all applicable laws and regulations when work is performed outside of the U.S. and its Territories. Plans shall include -

a. Adequate contract terms regarding system security;

b. Adequate contract terms regarding the confidentiality and privacy requirements for information and data protection;

c. Adequate contract terms that are otherwise relevant, including the requirements of the SOW;

d. The Contractor’s corporate compliance plan and internal policies and procedures designed to prevent and detect violations of applicable law, regulations, rules and ethical standards by employees, agents and others; and,

6. Whether the approval would be in best interests of the United States.

The Contractor’s request for authorization to perform work outside the U.S. shall demonstrate that the performance of the work outside the U.S. satisfies all of the above factors. CO approval to perform work outside the U.S. may require additional SOW requirements, additional contract terms and conditions and/or Federal Acquisition Regulation (FAR) clauses to be incorporated into the contract.

G.16 SUBCONRACTING PROGRAM AND REPORTING

A non-profit organization is considered a large business and shall submit a subcontracting plan and reports. A for-profit Network shall follow the size standards provided at www.SBA.gov in order to determine the applicability of the subcontracting plan and subsequent reports.

In accordance with FAR 52.219-9 Small Business Subcontracting Plan incorporated by reference in RFP Section I, Offerors are required to submit a Small Business Subcontracting Plan for any contract that exceeds $700,000. In accordance with FAR 19.704, Subcontracting Plan Requirements, the subcontracting plan submitted shall be approved by the Contracting Officer and incorporated as Section J, Attachment J.5 of this contract and made a part hereof.

The term “subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract.

The plan shall cover the entire contract period of performance and incorporate the CMS recommendations provided below:

Overall, for the total dollars subcontracted, 33% should be awarded to Small Businesses.

As a subset of the 33%, the following goals are recommended:

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) and the Summary Subcontracting Report (SSR) shall be submitted as follows:

G.17 SITE VISITS

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

G.18 CLOSEOUT AUDIT FOR PROFIT AND NON-PROFIT ORGANIZATIONS

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

G.19 PUBLICITY

Any news release, public announcement, advertisement, or publicity proposed to be released by the Contractor or subcontractor will be subject to the written approval of CMS prior to release.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

1. General: It is imperative that the Contractor and the services provided under this contract be free, to the greatest extent possible, of all Organizational and Personal Conflicts of Interest. In this clause, all references to Organizational and/or Personal Conflicts of Interests will be referred to individually or collectively, as the text justifies, as Conflicts of Interest (COI). Except as provided below, the CO shall not maintain a contract with a Contractor that the CO determines has, or has the potential for, an unresolved COI. However, in accordance with FAR 9.503 Waiver, the CO may contract with a Contractor that has an unresolved COI if the CO determines that it is in the best interest of the Government to do so.

1. Definitions:

Actual COI– means that the COI is currently in existence as determined by the Offeror’s or Contractor’s Compliance Officer and/or as determined by CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to CMS.

Affiliates – As defined in FAR 2.101 means associated business concerns or individual(s) if, directly or indirectly either one controls or can control the other; or a third party controls or can control both.

For purposes of this contract, affiliate control or influence may include, but is not limited to:

1. Interlocking management or ownership (e.g., individuals serving in similar capacities in several companies);

1. Identity of interests among family members such as spouse/domestic partner and/or any dependent of the respondent;

1. Shared facilities and equipment;

1. Common use of employees; or

1. A business concern organized just prior to, or immediately following, the release of a solicitation or request for information, which has the same or similar management, ownership, or principal employees as the Offeror or Contractor.

Any business, whether or not it is organized for profit or located in the United States or its outlying areas, or person may be found to be an affiliate. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists.

Apparent (Perceived) COI – means that the COI on first observation appears to be an actual or potential COI, but may or may not be after analysis. Even if the apparent COI is determined to be non-existent, this perception may still require further explanation.

Avoidance – means Government action taken in one acquisition that is intended to prevent a COI in that acquisition or in a future action. Methods of avoiding COIs include, but are not limited to:

· Drafting the SOW to exclude tasks that require Contractors to utilize subjective judgment; or

· Obtaining advice from more than one source on any issue on which there are concerns about an COI so that there is no area in which the Government is relying solely on the advice of any one of the sources; or

· Excluding an Offeror from participation in a contract award.

Financial Interests/Relationships – means a healthcare related direct or indirect ownership or investment interest (including an option or non-vested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest.

A financial interest/relationship may arise from the following non-exclusive examples:

1. Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

1. Current or known future arrangements or requirements for which you are defined as an interested party, including, but not limited to, an entity that may create one or more of the three forms of COI;

1. Consulting relationships, including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation;

1. Services provided in exchange for honorariums including travel expense reimbursements;

1. Research funding or other forms of research support;

1. Healthcare related investment in the form of stock or bond ownership, including healthcare sector investment only mutual funds;

1. Healthcare business ownership or partnership interests;

1. Patents, copyrights, and other intellectual property interests;

1. Seeking or negotiating for prospective employment or business; or

1. Gifts, including travel.

Mitigation– means action taken by the Contractor to reduce the COI risk to a level acceptable to CMS on a present contract.

Neutralization – means excluding or restricting a Contractor from offering, as a prime or subcontractor, on future contracts while allowing the Contractor to perform on the instant contract. This method protects the Government’s interests in cases where the Contractor’s work on the instant contract could be biased or impaired by virtue of its expectation of future work, or when the Contractor would have an unfair advantage in competing for award of the future work.

Organizational Conflict of Interest – In accordance with FAR 2.101 Definitions, means that because of other activities or relationships with other persons, a person is unable, or potentially unable, to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is, or might be, otherwise impaired, or a person has an unfair competitive advantage.

For purposes of this contract, the conflict of interest definition includes direct or indirect relationships including, but not limited to, the Contractor and its parent company, subsidiaries, affiliates, subcontractors, clients and principals.

Personal Conflicts of Interest – A situation in which a person has a financial interest, personal activity, or relationship that could impair the person’s ability to act impartially and in the best interest of the Government when performing under this contract.

1. Among the sources of personal conflicts of interest are—

(a) Financial interests of the person, spouse/domestic partner and/or any other dependent of the person, as defined for Federal tax purposes;

(b) Other employment or financial relationships (including seeking or negotiating for prospective employment or business) and,

(c) Gifts, including travel.

2. For example, financial interests referred to in paragraph (1)(a) of this definition may arise from—

1. Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

1. Consulting relationships;

1. Services provided in exchange for honoraria or travel expense reimbursements;

1. Research funding or other forms of…