J.2-A_T0002_Annual_Report_SOW.pdf

HHSM-500-2017-00060I 6/09/2017

HHSM-500-T0002

STATEMENT OF WORK

Task Order 2 - Annual Report to Congress and the Secretary of the Department of Health and Human Services

I. Background

Section 183 of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), now codified as Section 1890 of the Social Security Act (the Act), requires the Secretary of the Department of Health and Human Service (HHS) to contract with a consensus-based entity (CBE) to perform duties related to performance measurement. Section 3014 of the Affordable Care Act of 2010 (ACA) later amended Section 1890 of the Act by adding additional CBE duties. One of the required duties of the CBE is to annually report to Congress and the Secretary of HHS on activities identified in Section 1890(b)(5) of the Act.

The purpose of this Task Order is to ensure that the CBE timely submits an annual report to Congress and the Secretary of HHS that meets the requirements specified in section 1890(b)(5) of the Act.

II. Requirements

A. General Requirements:

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 requirements of this Statement of Work.

The Contractor must prepare and transmit an Annual Report for Congress and HHS that describes the following, in accordance with Section 1890(b)(5) of the Act:

1. The implementation of quality and efficiency measurement initiatives undertaken by the CBE under its contract with HHS and the coordination of such initiatives with quality and efficiency initiatives implemented by other payers;

2. Any recommendations made to HHS, with respect to HHS’ integrated national strategy and priorities for health care performance measurement;

3. The performance by the CBE of the duties required under the contract with HHS.

4. Identified gaps in endorsed quality and efficiency measures, including measures that are within priority areas identified by the Secretary under the national strategy, and where quality and efficiency measures are unavailable or inadequate to identify or address such gaps;

5. Areas in which evidence is insufficient to support endorsement of quality and efficiency measures in priority areas identified by the Secretary under the national strategy and where targeted research may address such gaps;

6. Input received from multi-stakeholder groups on the selection of certain quality and efficiency measures and on national priorities (for improvement in population health and in the delivery of health care services) for consideration under the national strategy.

B. Tasks To Be Performed:

In addition to the requirements under the IDIQ Umbrella Statement of Work (SOW), the Contractor is required to conduct the following tasks under this Task Order:

1. Annual Report for Calendar Year 2017.

a. The Contractor must electronically submit an interim draft report of the Annual

Report to the CMS IDIQ Contracting Officer Representative (COR) and the Task Order CORno later than October 31, 2017 (Deliverable 5). The Contractor must submit a Microsoft (MS) WORD and PDF document that describes the activities identified in Section 1890(b)(5) of the Act.

i. The report shall address all topics described in section II. A, above.

ii. The report shall be organized according to the requirements in Section

1890(b)(5) of the Act. The titles of the corresponding Section 1890(b)(5) requirements of the annual report shall use language similar to the following:

1. Quality and Efficiency Measurement Initiatives;

2. Recommendations on the National Quality Strategy and Priorities;

3. Gaps in Endorsed Quality and Efficiency Measures;

4. Gaps in Evidence and Targeted Research Needs

5. Stakeholder Recommendations on Quality and Efficiency

Measures and National Priorities;

6. ; and

7. Other Activities Performed Under Contract with HHS.

iii. The Contractor shall incorporate any changes to the organization and section headings of the annual report required by HHS to enable readers of the report to easily see how the sections of the Annual Report correspond to the requirements identified in Section 1890(b)(5).

iv. The annual report shall be professionally-edited, and written in a manner that conveys the required information listed above. The language of the report should be concise, objective, factual, and evidence-based and use plain language. The report should be a stand-alone document that includes all the necessary background and details to enable readers with little prior knowledge of the Contractor’s work to understand the content. The report also should avoid the use of adverbs and adjectives that represent self-appraisal or appraisal of issues not included in the contract scope of work, and exclude subjective statements or assessments by the Contractor about the success or other valuations of the deliverables produced through this IDIQ. To facilitate timely publication in the Federal Register, as required under Section 1890(b)(5)(B) of the Act, the report should not present any material in “sidebars,” and should not use any colors whose translation to black or grayscale will interfere with the interpretation of any part of the annual report. Graphic images shall be used minimally, simplified, and formatted for legible conversion to black and white print. No graphic images should be used that were not created using MS WORD software.

v. The Contractor must review HHS comments and feedback on the draft report and will incorporate the necessary changes, which may be discussed during the contract management conference calls.

vi. There is no page limit for the report.

b. On or before January 7, 2018 the Contractor shall electronically transmit: an updated draft of the annual report for calendar year 2017 that meets all requirements stated under Sections II.A and B of this Task Order, mentioned above and addresses all comments made by HHS on the interim draft report of the Annual Report described in section B.1.a., above (Deliverable 6).

i. This updated draft of the annual report shall be delivered to the IDIQ and Task Order CORs in three versions:

1. an MS WORD document showing all changes made to the interim draft report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

c. Upon receipt of HHS’ comments on the updated draft of the annual report, the

Contractor shall transmit a revised draft annual report to HHS, no later than February 15, 2018, with revisions made according to HHS’ comments on the updated draft of the annual report. The revised draft annual report (Deliverable 7) shall be transmitted in the following three formats:

1. As a MS WORD document using MS WORD’s “Track Changes” tool, indicating modifications made to the report in redline and strikeout “mark-ups” to the text;

2. As a final MS WORD document with all the modifications accepted; and

3. As a PDF version of the final MS WORD document.

d. The Contractor shall transmit an advance copy of the final version of the annual report for 2017 to the IDIQ and Task Order CORs for this Task Order by February 22, 2018 (Deliverable 8). The advance copy of the final version of the annual report shall be sent to the IDIQ and Task Order CORs as:

1. an MS WORD document showing any changes made to the revised draft annual report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

e. The Contractor shall transmit the final annual report to Congress and the

Secretary of HHS after receiving the approval of the IDIQ and the Task Order CORs. The Contractor shall transmit the final annual report for calendar year 2017 (Deliverable 9) to Congress and the Secretary of HHS by March 1, 2018.

The Report transmitted to the Secretary of HHS shall be transmitted in two formats: as a WORD document and as a PDF document.

2. Option Year 1: Annual Report for Calendar Year 2018.

Report to the IDIQ and Task Order CORs no later than October 31, 2018 (Deliverable 10). The Contractor must submit a Microsoft (MS) WORD and PDF document that describes the activities identified in Section 1890(b)(5) of the Act.

i. The report shall address all topics described in section II. A, above.

ii. The report shall be organized according to the requirements in Section

1890(b)(5) of the Act. The titles of the corresponding Section 1890(b)(5) requirements of the annual report shall use language similar to the following:

1. Quality and Efficiency Measurement Initiatives;

2. Recommendations on the National Quality Strategy and Priorities;

3. Gaps in Endorsed Quality and Efficiency Measures;

4. Gaps in Evidence and Targeted Research Needs

5. Stakeholder Recommendations on Quality and Efficiency

Measures and National Priorities; and

6. Other Activities Performed Under Contract with HHS.

iii. The Contractor shall incorporate any changes to the organization and section headings of the annual report required by HHS to enable readers of the report to easily see how the sections of the Annual Report correspond to the requirements identified in Section 1890(b)(5).

iv. The annual report shall be professionally-edited, and written in a manner that conveys the required information listed above. The language of the report should be concise, objective, factual, and evidence-based and use plain language. The report should be a stand-alone document that includes all the necessary background and details to enable readers with little prior knowledge of the Contractor’s work to understand the content. The report also should avoid the use of adverbs and adjectives that represent self-appraisal or appraisal of issues not included in the contract scope of work, and exclude subjective statements or assessments by the Contractor about the success or other valuations of the deliverables produced through this IDIQ. To facilitate timely publication in the Federal Register, as required under Section 1890(b)(5)(B) of the Act, the report should not present any material in “sidebars,” and should not use any colors whose translation to black or grayscale will interfere with the interpretation of any part of the annual report. Graphic images shall be used minimally, simplified, and formatted for legible conversion to black and white print. No graphic images should be used that were not created using MS WORD software.

v. The Contractor must review HHS comments and feedback on the draft report and will incorporate the necessary changes, which may be discussed during the contract management conference calls.

vi. There is no page limit for the report.

b. On or before January 7, 2019 the Contractor shall electronically transmit: an updated draft of the annual report for calendar year 2018 that meets all requirements stated under Sections II.A and B of this Task Order, mentioned above and addresses all comments made by HHS on the interim draft report of the Annual Report described in section B.1.a., above (Deliverable 11).

vii. This updated draft of the annual report shall be delivered to the IDIQ and Task Order CORs in three versions:

1. an MS WORD document showing all changes made to the interim draft report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

c. Upon receipt of HHS’ comments on the updated draft annual report, the

Contractor shall transmit a revised draft annual report to HHS, no later than February 15, 2019, with revisions made according to HHS’ comments on the updated draft of the annual report. The revised draft annual report (Deliverable

12) shall be transmitted in the following three formats:

4. As a MS WORD document using MS WORD’s “Track Changes” tool, indicating modifications made to the report in redline and strikeout “mark-ups” to the text;

5. As a final MS WORD document with all the modifications accepted; and

6. As a PDF version of the final MS WORD document.

d. The Contractor shall transmit an advance copy of the final version of the annual report for 2018 to the IDIQ and Task Order CORs for this Task Order by February 22, 2019 (Deliverable 13). The advance copy of the final version of the annual report shall be sent to the IDIQ and Task Order CORs as:

7. an MS WORD document showing any changes made to the revised draft annual report;

8. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

9. a PDF document of version 2.

e. The Contractor shall transmit the final annual report to Congress and the

Secretary of HHS after receiving the approval of the IDIQ and the Task Order CORs. The Contractor shall transmit the final annual report for calendar year 2018 (Deliverable 14) to Congress and the Secretary of HHS by March 1, 2019.

3. Option Year 2: Annual Report for Calendar Year 2019.

Report to the CMS IDIQ and Task Order CORs no later than October 31, 2019 (Deliverable 15). The Contractor must submit a Microsoft (MS) WORD and PDF document that describes the activities identified in Section 1890(b)(5) of the Act.

i. The report shall address all topics described in section II. A, above.

ii. The report shall be organized according to the requirements in Section 1890(b)(5) of the Act. The titles of the corresponding Section 1890(b)(5) requirements of the annual report shall use language similar to the following:

1. Quality and Efficiency Measurement Initiatives;

2. Recommendations on the National Quality Strategy and Priorities;

3. Gaps in Endorsed Quality and Efficiency Measures;

4. Gaps in Evidence and Targeted Research Needs

5. Stakeholder Recommendations on Quality and Efficiency

Measures and National Priorities; and

6. Other Activities Performed Under Contract with HHS.

iii. The Contractor shall incorporate any changes to the organization and section headings of the annual report required by HHS to enable readers of the report to easily see how the sections of the Annual Report correspond to the requirements identified in Section 1890(b)(5).

iv. The annual report shall be professionally-edited, and written in a manner that conveys the required information listed above. The language of the report should be concise, objective, factual, and evidence-based and use plain language. The report should be a stand-alone document that includes all the necessary background and details to enable readers with little prior knowledge of the Contractor’s work to understand the content. The report also should avoid the use of adverbs and adjectives that represent self-appraisal or appraisal of issues not included in the contract scope of work, and exclude subjective statements or assessments by the Contractor about the success or other valuations of the deliverables produced through this IDIQ. To facilitate timely publication in the Federal Register, as required under Section 1890(b)(5)(B) of the Act, the report should not present any material in “sidebars,” and should not use any colors whose translation to black or grayscale will interfere with the interpretation of any part of the annual report. Graphic images shall be used minimally, simplified, and formatted for legible conversion to black and white print. No graphic images should be used that were not created using MS WORD software.

v. The Contractor must review HHS comments and feedback on the draft report and will incorporate the necessary changes, which may be discussed during the contract management conference calls.

vi. There is no page limit for the report.

b. On or before January 7, 2020 the Contractor shall electronically transmit: an updated draft of the annual report for calendar year 2019 that meets all requirements stated under Sections II.A and B of this Task Order, mentioned above and addresses all comments made by HHS on the interim draft report of the Annual Report described in section B.1.a., above (Deliverable 16).

i. This updated draft of the annual report shall be delivered to the IDIQ and Task Order CORs in three versions:

1. an MS WORD document showing all changes made to the interim draft report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

c. Upon receipt of HHS’ comments on the updated draft annual report, the

Contractor shall transmit a revised draft annual report to HHS, no later than February 15, 2020, with revisions made according to HHS’ comments on the updated draft of the annual report. The revised draft annual report (Deliverable

17) shall be transmitted in the following three formats:

1. As a MS WORD document using MS WORD’s “Track Changes” tool, indicating modifications made to the report in redline and strikeout “mark-ups” to the text;

2. As a final MS WORD document with all the modifications accepted; and

3. As a PDF version of the final MS WORD document.

d. The Contractor shall transmit an advance copy of the final version of the annual report for 2019 to the IDIQ and Task Order CORs for this Task Order by February 22, 2020 (Deliverable 18). The advance copy of the final version of the annual report shall be sent to the IDIQ and Task Order CORs as:

1. an MS WORD document showing any changes made to the revised draft annual report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted”; and

3. a PDF document of version 2,

e. The Contractor shall transmit the final annual report to Congress and the

Secretary of HHS after receiving the approval of the IDIQ and the Task Order CORs. The Contractor shall transmit the final annual report for calendar year 2019 (Deliverable 19). The Report transmitted to the Secretary of HHS shall be transmitted in two formats: as a WORD document and as a PDF document.

4. Option Year 3: Annual Report for Calendar Year 2020.

Report to the CMS IDIQ and Task Order CORs no later than October 31, 2020 (Deliverable 20). The Contractor must submit a Microsoft (MS) WORD and PDF document that describes the activities identified in Section 1890(b)(5) of the Act.

i. The report shall address all topics described in section II. A, above.

ii. The report shall be organized according to the requirements in Section

1890(b)(5) of the Act. The titles of the corresponding Section 1890(b)(5) requirements of the annual report shall use language similar to the following:

1. Quality and Efficiency Measurement Initiatives;

2. Recommendations on the National Quality Strategy and Priorities;

3. Gaps in Endorsed Quality and Efficiency Measures;

4. Gaps in Evidence and Targeted Research Needs

5. Stakeholder Recommendations on Quality and Efficiency

Measures and National Priorities; and

6. Other Activities Performed Under Contract with HHS.

iii. The Contractor shall incorporate any changes to the organization and section headings of the annual report required by HHS to enable readers of the report to easily see how the sections of the Annual Report correspond to the requirements identified in Section 1890(b)(5).

iv. The annual report shall be professionally-edited, and written in a manner that conveys the required information listed above. The language of the report should be concise, objective, factual, and evidence-based and use plain language. The report should be a stand-alone document that includes all the necessary background and details to enable readers with little prior knowledge of the Contractor’s work to understand the content. The report also should avoid the use of adverbs and adjectives that represent self-appraisal or appraisal of issues not included in the contract scope of work, and exclude subjective statements or assessments by the Contractor about the success or other valuations of the deliverables produced through this IDIQ. To facilitate timely publication in the Federal Register, as required under Section 1890(b)(5)(B) of the Act, the report should not present any material in “sidebars,” and should not use any colors whose translation to black or grayscale will interfere with the interpretation of any part of the annual report. Graphic images shall be used minimally, simplified, and formatted for legible conversion to black and white print. No graphic images should be used that were not created using MS WORD software.

v. The Contractor must review HHS comments and feedback on the draft report and will incorporate the necessary changes, which may be discussed during the contract management conference calls.

vi. There is no page limit for the report.

b. On or before January 7, 2021 the Contractor shall electronically transmit: an updated draft of the annual report for calendar year 2020 that meets all requirements stated under Sections II.A and B of this Task Order, mentioned above and addresses all comments made by HHS on the interim draft report of the Annual Report described in section B.1.a., above (Deliverable 21).

i. This updated draft of the annual report shall be delivered to the IDIQ and Task Order CORs in three versions:

1. an MS WORD document showing all changes made to the interim draft report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted”; and

3. a PDF document of version 2,

c. Upon receipt of HHS’ comments on the updated draft annual report, the

Contractor shall transmit a revised draft annual report to HHS, no later than February 15, 2021, with revisions made according to HHS’ comments on the updated draft of the annual report. The revised draft annual report (Deliverable

22) shall be transmitted in the following three formats:

1. As a MS WORD document using MS WORD’s “Track Changes” tool, indicating modifications made to the report in redline and strikeout “mark-ups” to the text;

2. As a final MS WORD document with all the modifications accepted; and

3. As a PDF version of the final MS WORD document.

d. The Contractor shall transmit an advance copy of the final version of the annual report for 2020 to the IDIQ and Task Order CORs for this Task Order by February 22, 2021 (Deliverable 23). The advance copy of the final version of the annual report shall be sent to the IDIQ and Task Order CORs as:

1. an MS WORD document showing any changes made to the revised draft annual report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

e. The Contractor shall transmit the final annual report to Congress and the

Secretary of HHS after receiving the approval of the IDIQ and the Task Order CORs. The Contractor shall transmit the final annual report for calendar year 2020 (Deliverable 24) to Congress and the Secretary of HHS by March 1, 2021.

5. Option Year 4: Annual Report for Calendar Year 2021.

Report to the IDIQ and Task Order CORs no later than October 31, 2021 (Deliverable 25). The Contractor must submit a Microsoft (MS) WORD and PDF document that describes the activities identified in Section 1890(b)(5) of the Act.

i. The report shall address all topics described in section II. A, above.

ii. The report shall be organized according to the requirements in Section

1890(b)(5) of the Act. The titles of the corresponding Section 1890(b)(5) requirements of the annual report shall use language similar to the following:

1. Quality and Efficiency Measurement Initiatives;

2. Recommendations on the National Quality Strategy and Priorities;

3. Gaps in Endorsed Quality and Efficiency Measures;

4. Gaps in Evidence and Targeted Research Needs

5. Stakeholder Recommendations on Quality and Efficiency

Measures and National Priorities; and

6. Other Activities Performed Under Contract with HHS.

iii. The Contractor shall incorporate any changes to the organization and section headings of the annual report required by HHS to enable readers of the report to easily see how the sections of the Annual Report correspond to the requirements identified in Section 1890(b)(5).

iv. The annual report shall be professionally-edited, and written in a manner that conveys the required information listed above. The language of the report should be concise, objective, factual, and evidence-based and use plain language. The report should be a stand-alone document that includes all the necessary background and details to enable readers with little prior knowledge of the Contractor’s work to understand the content. The report also should avoid the use of adverbs and adjectives that represent self-appraisal or appraisal of issues not included in the contract scope of work, and exclude subjective statements or assessments by the Contractor about the success or other valuations of the deliverables produced through this IDIQ. To facilitate timely publication in the Federal Register, as required under Section 1890(b)(5)(B) of the Act, the report should not present any material in “sidebars,” and should not use any colors whose translation to black or grayscale will interfere with the interpretation of any part of the annual report. Graphic images shall be used minimally, simplified, and formatted for legible conversion to black and white print. No graphic images should be used that were not created using MS WORD software.

v. The Contractor must review HHS comments and feedback on the draft report and will incorporate the necessary changes, which may be discussed during the contract management conference calls.

vi. There is no page limit for the report.

b. On or before January 7, 2022 the Contractor shall electronically transmit: an updated draft of the annual report for calendar year 2021 that meets all requirements stated under Sections II.A and B of this Task Order, mentioned above and addresses all comments made by HHS on the interim draft report of the Annual Report described in section B.1.a., above (Deliverable 26).

i. This updated draft of the annual report shall be delivered to the IDIQ and Task Order CORs in three versions:

1. an MS WORD document showing all changes made to the interim draft report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

c. Upon receipt of HHS’ comments on the updated draft annual report, the

Contractor shall transmit a revised draft annual report to HHS, no later than February 15, 2022, with revisions made according to HHS’ comments on the updated draft of the annual report. The revised draft annual report (Deliverable

27) shall be transmitted in the following three formats:

1. As a MS WORD document using MS WORD’s “Track Changes” tool, indicating modifications made to the report in redline and strikeout “mark-ups” to the text;

2. As a final MS WORD document with all the modifications accepted; and

3. As a PDF version of the final MS WORD document.

d. The Contractor shall transmit an advance copy of the final version of the annual report for 2021 to the IDIQ and Task Order CORs for this Task Order by February 22, 2022 (Deliverable 28). The advance copy of the final version of the annual report shall be sent to the IDIQ and Task Order CORs as:

1. an MS WORD document showing any changes made to the revised draft annual report;

2. a second MS WORD document with all “track changes” markings in version 1 “accepted;” and

3. a PDF document of version 2.

e. The Contractor shall transmit the final annual report to Congress and the

Secretary of HHS after receiving the approval of the IDIQ and the Task Order CORs. The Contractor shall transmit the final annual report for calendar year 2021 (Deliverable 29) to Congress and the Secretary of HHS by March 1, 2022.

All deliverables submitted under this Task Order shall be in accordance with the Umbrella IDIQ SOW, entitled “National Consensus Development and Strategic Planning for Healthcare Quality Measurement with a Consensus-Based Entity.”

C. Contract Management Requirements:

1. Kickoff Meeting (Deliverable 1). The Contractor shall hold a kickoff meeting via teleconference with the IDIQ and Task Order CORs within seven (7) government business days of the award of this Task Order. The Contractor and COR(s) will review the requirements of the Task Order and the Overall Task Order Work Plan.

2. Project Management Design. In accordance with Section II.B. of the Umbrella IDIQ Contract, the Contractor shall submit a Project Management Design (Deliverable 2) that addresses the project planning, implementation, and management of the Task Order. The Contractor must submit an electronic version of the Project Management Design, which is developed in coordination with the CORs, by no later than four (4) weeks after the date of Task Order award.

3. Monthly Progress Reports (Deliverable 3). In accordance with Section II.B. of the Umbrella IDIQ Contract, the Contractor shall submit an electronic version of monthly progress reports to the CORs by the eighth (8) business day of every month. The monthly progress report must include:

a. A review of accomplishments during the previous month;

b. A discussion of all the problems encountered or anticipated that may impact the deliverable and the ability to accomplish project goals;

c. A plan to mitigate or resolve problems, and if appropriate, a proposal of new delivery or completion dates; and

d. Planned activities for the upcoming month.

4. Monthly Conference Calls (Deliverable 4). The Contractor shall hold monthly conference calls with the CMS COR and HHS GTL to go over activities under this contract for management purposes. The Contractor must prepare and share the agenda, pertinent discussion materials, and previous meeting minutes no later than one (1) government business day prior to the meeting.

D. Period of Performance: The Base Period of Performance shall be twelve months from the date of Task Order award with the addition of four option years, if exercised.

III. Quality Assurance

Performance evaluation and monitoring shall be conducted, as outlined in the Umbrella IDIQ Contract Section III. The CORs shall monitor the Contractor’s progress toward completion of the “Annual Report to Congress and the Secretary of the Department of Health and Human Services” Task Order monthly. Monthly monitoring calls with the CORs may be used to review the performance and progress of the Task Order. Details of monitoring materials and conference call requirements shall be determined during Work Plan discussions. Following the completion of all deliverables under the Task Order, the CORs shall assess the Contractor’s performance.

The Contractor’s performance on this Task order shall be evaluated based on the extent to which:

1. The Contractor submits the deliverables listed in this SOW and the attached Schedule of Deliverables by the due dates;

2. Each year’s annual report contains the content specified in Section 1890(b)(5) of the Act; and

3. Each annual report for Calendar Years 2013, 2014, and 2015 meets criteria specified in this Task Order and the Umbrella IDIQ Contract.

IV. SECTION 508 - ACCESSIBILITY OF ELECTRONIC AND INFORMATION

TECHNOLOGY

(a) This SOW, PWS, or TO is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220).

Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility

Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications

The Contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW, PWS, or TO, the SOW, PWS, or TO shall take precedence. The Contractor shall ensure that all the documents shared with other CMS contractors are 508 compliant.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. www.access-board.gov/sec508/508standards.htm (508 standards)

4. FAR 39.2 (Section 508)

5. CMS/HHS Standards, policies and procedures (Section 508)

In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, PWS, or TO, shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW, PWS, or TO:

36 CFR Part 1194.21 a - l

36 CFR Part 1194.22 a - p

36 CFR Part 1194.31 a - f

36 CFR Part 1194.41 a – c

The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO:

For software development, the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended) http://www.access-board.gov/sec508/508standards.htm%20(508

(2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.21 (a – l)

36 CFR Part 1194.31 (a – f)

36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS/HHS Standards, policies and procedures (Section 508)

a. Information Technology – General Information

(http://www.cms.HHS.gov/InfoTechGenInfo/)

For web-based applications, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.22 (a – p)

36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

a. Information Technology – General Information

(http://www.cms.HHS.gov/InfoTechGenInfo/) http://www.access-board.gov/sec508/508standards.htm http://www.cms.hhs.gov/InfoTechGenInfo/ http://www.access-board.gov/sec508/508standards.htm http://www.cms.hhs.gov/InfoTechGenInfo/