RFP_75FCMC24R0010.pdf

75FCMC24R0010

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

1 128

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

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

05/16/2024 X

AGG - DBSC

CMS,OAGM,AGG,DBSC

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

BALTIMORE MD 21244-1850

1100 ED 06/28/2024

Brian Humes 410 Brian.Humes@cms.hhs.gov

786-8898

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

DEBORAH S. LESTER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

2-3

7-8 9-22 23-65

66-75

77-94

95-120

121-128

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____240_________ calendar days (60 calendar days unless a different period is inserted

RFP - 75FCMC24R0010

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

The purpose of this contract is to obtain contact center operations (CCO) support to respond to inquiries from the Centers for Medicare and Medicaid Services’ (CMS’) customer service population.

The CCO contractor shall provide accurate and high-quality customer service for all inquiries. The Contractor shall support multi-channel operations that receive and respond to inquiries, providing information and services through various channels including telephone, mail, TDD/TTY, fax, and web chat.

B.2 TYPE OF CONTRACT

This is cost-plus-award-fee (CPAF) contract.

B.3 SCHEDULE

The following schedule delineates the estimated cost, base fee and award fee for each period of performance: (See also Attachment J-1 Schedule for an additional cost and fee breakout by month, Contract Line Item (CLIN) and TASKS have been established for reporting purposes only.) *

CLIN Description PSC Accounting Classification

Unit of Measure Quantity Estimated

Cost Base Fee Award Fee Total Period of

Performance

0001 Base Period (Transition) R499 $1 $ $ $ $ Up to 12

Months 0002 Option Period 1 R499 $1 12 Months

0003 Option Period 2 R499 $1 12 Months

0004 Option Period 3 R499 $1 12 Months

0005 Option Period 4 R499 $1 12 Months

0006 Option Period 5 R499 $1 12 Months

0007 Option Period 6 R499 $1 12 Months

0008 Option Period 7 R499 $1 12 Months

0009 Option Period 8 R499 $1 12 Months

0010 Option Period 9 R499 $1 12 Months

*The Contractor may exceed the total estimated cost for each TASK in Attachment J-1. However, deviations of 10% or greater shall be approved by the Contracting Officer prior to their occurrence. In the event the Contractor anticipates deviations of 10% or greater per TASK, the Contractor shall submit in writing to the Contracting Officer a narrative detail in order to permit an adequate evaluation of costs incurred and/or estimated to be incurred in excess of the estimated cost. In no event shall the Contractor exceed the total estimated cost of the CLIN in the table above. This does not relieve the Contractor of their responsibility to notify the Contracting Officer in accordance with FAR 52.232-22, Limitation of Funds, or FAR 52.232-20, Limitation of Cost (as applicable), as it applies to the total contract price.

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B.4 BASE FEE PAYMENT SCHEDULE

The base fee set forth in this contract will be paid in installments at the time of each monthly provisional payment. The amount of each such base fee installment shall be paid at the same ratio as the total base fee is to total estimated costs. Such installments shall not exceed the total negotiated base fee established by CLIN.

B.5 AWARD FEE

The amount of award fee the Contractor earns, if any, is based on an evaluation by the Government of the quality of the Contractor’s performance. This will be accomplished in accordance with an Award Fee Evaluation Plan (See Attachment J-2). NOTE: The determination of the award fee amount and the award fee methodology are unilateral decisions made solely at the discretion of the Government. The Government may unilaterally change the Award Fee Evaluation Plan at any time. However, any revisions to the evaluation criteria in the Plan shall be presented to the Contractor prior to the evaluation period in which it will be used.

B.6 ESTIMATED COST - INCREMENTALLY FUNDED CONTRACT

(a) The total estimated cost to the Government for full performance of this contract (Option Period XX), including all allowable direct and indirect costs, is $ TBD________________ (insert full amount]. *

(b) The following represents the schedule by which the Government expects to allot funds to this contract:

(See Attachment J-3)

(c) Total funds currently obligated and available for payment under this contract for Option Year XX are $ TBD_________________ [insert full amount].

(d) The Contracting Officer may issue unilateral modifications to obligate additional funds to the contract and make related changes to paragraphs (a) and/or (c) above.

(e) Until this contract is fully funded, the requirements of the clause at FAR 52.232–22, Limitation of Funds, shall govern. Once the contract is fully funded, the requirements of the clause at FAR 52.232-20, Limitation of Cost, govern.

*The Base Period (Transition) will be fully funded.

http://www.ecfr.gov/cgi-bin/text-idx?node=pt48.2.52#se48.2.52_1232_622 http://www.ecfr.gov/cgi-bin/text-idx?node=pt48.2.52#se48.2.52_1232_620

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

The attached Statement of Work (See Attachment J-4) provides requirements which the Contractor is expected to accomplish to meet minimum contract needs.

Independently, and not as an agent of the Government, the Contractor shall furnish the necessary services, personnel, materials, equipment, and facilities, not otherwise provided by the Government, as needed to perform this contract.

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SECTION D - PACKAGING AND MARKING

D.1 PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked, and shipped in accordance with the Statement of Work.

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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: www.acquisition.gov

NUMBER TITLE DATE

52.246-5 Inspection of Services - Cost-Reimbursement. APR 1984

E.2 INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR).

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

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

All items to be delivered to the COR will be deemed to have been approved thirty (30) calendar days after 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 approval or revision to the items submitted shall be within the general scope of work stated in this contract.

http://www.acquisition.gov/

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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: www.acquisition.gov

NUMBER TITLE DATE

52.242-15 Stop-Work Order. APR 1989 52.242-15 Stop-Work Order. - Alternate I APR 1984

F.2 PERIOD OF PERFORMANCE

The work and services required hereunder shall be delivered as follows: The Base Period (Transition) will occur for up to twelve months commencing on the contract award date. Performance beyond the Base Period may be authorized by the Government's right to unilaterally exercise the following option periods:

TRANSITION

Base Period (Transition) – Award date up to 12 months (This will be dictated by the awardee’s proposed transition period)

FULL OPERATIONS

Option Period 1 – 12 Months Option Period 2 – 12 Months Option Period 3 – 12 Months Option Period 4 – 12 Months Option Period 5 – 12 Months Option Period 6 – 12 Months Option Period 7 – 12 Months Option Period 8 – 12 Months Option Period 9 – 12 Months

NOTE: The option periods delineated above may be executed in accordance with FAR 52.217-9 (See Section I of this contract).

F.3 TIME AND PLACE OF DELIVERIES

The deliverables to be furnished must be delivered in accordance with the delivery schedule as specified in the Statement of Work Section 16 and below:

• Billing Rate Proposal (if applicable) – within six (6) months of contract award (See Section G.3)

• Indirect Cost Rate proposal – within the 6-month period following the expiration of each of the contractor’s fiscal years (See Section G.3)

• Property Management System – 30 days after contract award (See Section G.6)

• Annual Property Inventory – conducted by September 30th (See Section G.6)

• Report of Accountable Personal Property – submitted by October 31st of each year. (See Section G.6)

• The final inventory report – submitted upon the date of contract expiration (See Section G.6)

• COI mitigation plan – submitted within 30 days after a conflict is identified unless otherwise http://www.acquisition.gov/

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• Service Contract Reporting Requirement - annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30). See FAR 52.204-14 in Section I.1.

• Labor Harmony (See Section H.16) o The Contractor shall maintain in a current status throughout the life of the contract the labor harmony agreement entered into prior to the award of this contract.

o Contractor shall notify the Contracting Officer that it will commence to negotiate a labor harmony agreement with the labor organization within 5 days of when a labor organization demonstrates intent to represent service employees performing work under this contract.

o The executed labor harmony agreement shall be provided to the Contracting Officer within 120 days of the demonstration of intent.

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 USE OF GOVERNMENT DATA

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 the Government-supplied data for a purpose other than solely for the 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 is 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 return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that all 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 to be 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 is to be destroyed, the Contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.

G.2 DATA TO BE DELIVERED

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.

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.3 INDIRECT COST RATES (MAY 2021)

Paragraphs 1 and 2 below apply only to contractors where the Department of Human Health and Services (HHS), or one of its Operating Divisions (e.g. CMS), is recognized as the Cognizant Federal Agency (CFA) as defined in FAR 42.003.

If an Agency other than HHS (or one of HHS’ Operating Divisions) is identified as the CFA (e.g. Defense Contract Management Agency), paragraphs 1 and 2 below do not apply. Rather, the contractor must provide a copy of all applicable and executed provisional billing rate agreements, forward pricing rate agreements, and final indirect cost rate agreements to the CMS Acquisition Division of Financial Services mailbox: AcquisitionDFSIncurredCostSubmission@cms.hhs.gov.

1. Provisional Billing Rates

(a) Formation mailto:AcquisitionDFSIncurredCostSubmission@cms.hhs.gov

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(1) Until final indirect cost rates are established pursuant to FAR 52.216-7(d), the Government will reimburse the contractor’s incurred indirect costs temporarily using the provisional billing rates established in the Provisional Billing Rate Agreement as described below.

(2) In accordance with FAR 52.216-7(e), FAR Subpart 42.707, and HHSAR Subpart 342.705, the following authorized Agency shall execute a Provisional Billing Rate Agreement setting forth the provisional billing rates to be used by the contractor:

Financial Management Services, Division of Cost Allocation, Program Support Center (PSC) contracts awarded to State and local governments, colleges and universities, hospitals, and other nonprofit organizations

National Institute of Health (NIH), Division of Financial Advisory Services (DFAS) contracts awarded to for profit organizations

Billing rates may be prospectively or retroactively revised by mutual agreement of the respective authorized Agency and the contractor at either party’s request.

(3) The contractor shall submit an annual Provisional Billing Rate Proposal no later than two months prior to the start of the contractor’s fiscal year. For example, if the contractor’s fiscal year ends on December 31 the Provisional Billing Rate Proposal shall be submitted no later than November 1 the preceding year.

(4) In the absence of an executed Provisional Billing Rate Agreement, the contractor shall submit all vouchers for reimbursement of incurred indirect costs at the rates submitted for review in the contractor’s applicable, annual Provisional Billing Rate Proposal.

(5) If the contractor fails to submit a timely Provisional Billing Rate Proposal within the time specified in paragraph (a)(2) of this clause, the Contracting Officer may disallow payment of indirect costs (in part or entirely) until:

(i) A Provisional Billing Rate Proposal is submitted; or

(ii) The authorized Agency representative unilaterally establishes provisional billing rates for the fiscal year in accordance with FAR 52.216-7.

(b) Provisional Billing Rate Proposal Requirements

(1) The Provisional Billing Rate Proposal shall include:

(i) A cover letter which contains:

a. A summary of the proposed billing rates;

b. A listing, with applicable point-of-contact information, of company representatives, who can be contacted regarding the proposal;

c. A listing identifying applicable contract(s) with CMS and other Federal

Government awards, which require billings rates for the proposed period.

(ii) Billing rate calculations with separate supporting budgets for each final and intermediate cost pool, including the components of each indirect pool and allocation base as well as the computation of each indirect rate. Each calculation shall include a succinct description and rationale.

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(iii) The prior fiscal year pool and base, including the components of each indirect cost pool and corresponding base, as well as the computation of each indirect rate.

(iv) Current FY year to date (YTD) pool and base, including the components of each indirect cost pool and its allocation base, as well as the computation of each YTD indirect rate

(v) Current FY budget pool and base, if available.

(vi) Comparative analysis with explanation of any significant rate differences (at or above 3%) from the previous year.

(2) The Contractor shall submit a revised annual Provisional Billing Rate Proposal in accordance with the Provisional Billing Rate Proposal Requirements as outlined above whenever there is a material change in the contractor’s rates or indirect rate structure.

(i) A material change shall include, but not be limited to, an event which causes a significant rate difference (at or above 3%), such as the award or termination of a contract to the contractor.

(ii) The revised annual Provisional Billing Rate Proposal shall be due within 60 days of the effective date of the material change.

(c) Provisional Billing Rate Proposal Submission

The Provisional Billing Rate Proposal shall be submitted to the CMS Acquisition Division of Financial Services mailbox at AcquisitionDFSIncurredCostSubmission@cms.hhs.gov and to the respective authorized Agency as follows:

PSC contracts awarded to State and local governments, colleges and universities, hospitals, and other nonprofit organizations cas-bethesda@psc.hhs.gov

NIH-

DFAS

contracts awarded to for profit organizations dfas-idc@nih.gov

2. Final Indirect Cost Rates

(a) Final Rate Agreement

In accordance with FAR 52.216-7(d), FAR Subpart 42.705, and HHSAR Subpart 342.705, the following authorized Agency shall execute a Final Rate Agreement setting forth the final indirect cost rates to be used by the contractor:

PSC contracts awarded to State and local governments, colleges and universities, hospitals, and other nonprofit organizations

NIH

contracts awarded to for profit organizations

(b) Incurred Cost Proposal Submission Requirements

The contractor’s adequate final indirect cost rate proposal shall be submitted within the 6-month period following the expiration of each of its fiscal years in accordance with FAR 52.216-7(d) to the CMS Acquisition Division of Financial Services mailbox at AcquisitionDFSIncurredCostSubmission@cms.hhs.gov and to the respective authorized Agency as follows:

mailto:cas-bethesda@psc.hhs.gov mailto:dfas-idc@nih.gov

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PSC contracts awarded to State and local governments, colleges and universities, hospitals, and other nonprofit organizations cas-bethesda@psc.hhs.gov

NIH-

contracts awarded to for profit organizations dfas-idc@nih.gov

3. Final Indirect Cost Rate Ceilings

In accordance with FAR 42.707, The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates as follows:

Indirect Cost Pool

Indirect Cost Ceiling Rate

Contractor’s Fiscal Year Rate / Allocation Base

Overhead Example: Jan 1, 2020 – Dec 31, 2020

G&A

Overhead Example: Jan 1, 2021 – Dec 31, 2021

G&A

In the event that the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates shall be reduced to conform to the lower rates.

G.4 SUBCONTRACT CONSENT

a. If the contractor does not have an approved purchasing system, consent to subcontract is required as indicated in FAR 44.202-1. If the contractor has a government approved purchasing system, consent is required for the following subcontracts: (See Section I, FAR 52.244-2 (Alt 1)), entitled “Subcontracts.”)

b. To facilitate the review of a proposed subcontract, the Contractor shall submit the information required by the FAR Clause 52.244-2 (Alt 1) entitled, "Subcontracts."

c. Consent is hereby granted for the use of the following subcontractors: (See also Section I, FAR 52.244-2 (Alt 1) for subcontracts evaluated during negotiations)

G.5 CONSULTANT APPROVAL

a. The Contractor shall obtain prior written approval from the Contracting Officer whenever an individual and/or commercial entity is to be reimbursed as a "Consultant" under this contract. The term “Consultant” is defined in FAR 31.205-33.

b. To obtain approval of proposed consultants, the Contractor must submit the following to the Contracting Officer:

(i) The work for the Consultant(s) is being hired to perform;

(ii) The necessity of contracting for the service, considering the contractor’s capability in the particular area;

(iii) The past pattern of acquiring such services and their costs;

mailto:cas-bethesda@psc.hhs.gov mailto:dfas-idc@nih.gov

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(iv) Whether the service can be performed more economically by employment rather than by contracting;

(v) The qualifications of the individual or concern rendering the service and the customary fee charged, especially on non-Government contracts;

(vi) A written determination that the rate proposed for the consultant is fair and reasonable and the Contractor’s statement regarding whether or not the fees paid to the Consultant will exceed the lowest fee charged by others for performing similar consulting services;

(vii) A justification for the number of hours proposed for the Consultant; and,

(viii) A copy of the contractual agreement for the service which shall include a description of the service, estimate of time required, rate of compensation, and termination provisions

c. The following consultants are hereby approved for the periods of time, rates and total amounts shown: TBD.

NAME # DAYS DAILY/HOURLY RATE TOTAL AMOUNT

G.6 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 DHHS 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. The report shall be a consolidated report of all government property under this contract including subcontractor inventory. Following the physical inventory, the contractor shall prepare an inventory report and submit the report to the Contracting Officer and CMS Property Administrator at the following address:

Centers for Medicare & Medicaid Services OICS, Facilities and Logistics Management Group Attn: M. Pil Kim Division of Logistics and Commuter Services 7500 Security Blvd, MSSL-14-11 Baltimore, MD 21244-1850

c. 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 through the Contracting Officer via submission of a Form HHS-

22. The final inventory report shall be submitted upon the date of contract expiration.

d. The management and control of Government Property must be in accordance with HHS Publication entitled, "Contracting Guide to Contract of Government Property," a copy of which will be provided upon request.

e. The contractor shall provide a description of their property management system, plan, and any customary commercial practices, voluntary consensus standards, or industry-leading practices and standards to be used in managing Government property no later than 30 days after contract award with updates as necessary.

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G.7 GOVERNMENT FURNISHED PROPERTY

Pursuant to FAR Part 45 - Government Property and Clause to 52.245-1, of this contract, the Government will furnish for performance of the work required herein, items as specified in Attachment J-5.

G.8 CONTRACTING OFFICER’S AUTHORIZATION (COA)

a. In order to efficiently document approval of property purchases and to facilitate invoice approval and final contract audits, a COA is required prior to the purchase of Contractor Acquired Property (CAP) over $1,000.

b. Requests for a COA shall include:

• Reason for the purchase and why it is appropriate.

• Complete listing of items to be purchased.

• Competing quotes if applicable or justification for sole source.

• Recommended Source

• Lease vs. Buy analysis or justification for its absence.

G.9 PAYMENTS – INVOICES (MAR 2024)

a. GENERAL: Effective August 31, 2020, the Contractor/Vendor shall create an invoice within the

Invoice Processing Platform (IPP), a secure Web-based service for federal agencies and their vendors to manage government invoicing from purchase order (PO) through payment notification. Note: All invoice terms and conditions are contract specific and may vary from contract to contract.

b. CONTENT OF INVOICE: FAR 32.905 Payment Documentation and Process, provides the required content for a proper invoice. In addition to the requirements of FAR 32.905, the following items shall also be included on the invoice to be considered proper:

• Line item number (i.e. CLIN/TASK as applicable);

• Contractor/Vendor’s Unique Entity Identifier (UEI) Number;

• Period of Performance (PoP) or delivery date of goods or services provided;

• Attachments and applicable support documentation requested by the CO;

• The first page of the PDF invoice or PDF SF-1034 shall include:

1. Contractor/Vendor name and address;

2. Bill to: CMS, P.O. Box 7520, Baltimore, MD 21207;

3. Full CMS contract number and task order number;

4. Summary of charges by CLIN/TASK (if applicable) with a grand total. CLIN/TASK(S) on the PDF shall be identical to what is entered in IPP;

5. Invoice number shall be identical to what is entered in IPP. If using a dash in IPP then the dash must be used on the PDF. IPP does not allow any special characters (i.e.*, #, _);

6. Within IPP, the “Bill Period Start” and “Bill Period End” dates should align with the “Service From” and “Service To” dates (this is not the entire POP dates);

7. Date of Delivery or Service dates shown on the PDF should: (i) Fall within the contract POP

(unless contract indicates otherwise) (ii) Align with the “Bill Period Start” and “Bill Period End” dates and “Service From” and “Service To” dates, and (iii) Note when the work was performed;

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997

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8. Date invoice was prepared;

9. The total invoice amount on the first page of the invoice or SF-1034 must be a debit. A credit may be shown on the first page of the invoice or SF-1034 if the credit falls within the Period Of Performance and is for the same CLIN as the debit. CMS does not accept credit vouchers or process refunds in IPP or the Invoice Submission Box. Credits must be submitted via Pay.gov (For questions surrounding Pay.gov, contact invoicesubmission@cms.hhs.gov). Credits sent to Pay.gov shall be copied to the CO, CS and COR;

• When an invoice has been resubmitted, an “R” should be added after the invoice number on the PDF and in IPP; this will ensure that the original invoice number is not duplicated in IPP. If a resubmitted invoice is rejected again, each subsequent resubmission requires an additional “R” added after the invoice number (i.e. “RR”);

• The “final” designation should only be used when the contract is being closed out by OAGM. Do not use for the end of POP or Option Year;

• Contractor/Vendor must maintain active registration in SAM.gov. If your SAM account is about to expire, wait until it is updated before submitting your invoice; and,

• Banking or address changes must be submitted via email to CCRchanges@cms.hhs.gov.

c. INVOICE SUBMISSION: The contractor/vendor shall create an invoice from the Purchase Order (PO)/Contract via the IPP website http://www.ipp.gov/. For questions, call IPP Customer Support at

(866) 973-3131 or email the IPP Customer Support at IPPCustomerSupport@fiscal.treasury.gov. Only one PDF invoice per submission is allowed in IPP.

d. PAYMENTS: The Government shall make payment of all proper invoices in accordance with the following clauses, as applicable and included in the respective TO/PO/contract:

• FAR 52.232-33 Payments by Electronic Funds Transfer – System for Award Management,

• FAR 52.232-1 Payments

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

• FAR 52.216-7 Allowable Cost and Payment

• FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts

Payment shall be made 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 no later than 30 calendar days after receipt of a proper invoice from the Contractor requested at the paying office designated above. Contracts with a 15-day payment term are not subject to interest payments until after day 30.

e. 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 a proper invoice in IPP.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and 5 CFR 1315.

mailto:invoicesubmission@cms.hhs.gov mailto:CCRchanges@cms.hhs.gov http://www.ipp.gov/

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G.10 CONTRACTOR WORK PERFORMED OUTSIDE THE UNITED STATES AND ITS

TERRITORIES (JAN 2021) – Alternate I (MAY 2021)

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 outside of the United States (U.S.) and its Territories.

G.11 CONTRACTOR PAST PERFORMANCE EVALUATIONS (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 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:

i. 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,

ii. 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 https://www.cpars.gov/ https://www.cpars.gov/

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AO’s signature date and the AO closes the evaluation, the evaluation will become available in CPARS within 1 day.

On day 15 following the AO’s evaluation signature date, the evaluation will become available in CPARS 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 CPARS.

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 CPARS 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.12 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (SEP 2021)

Following are the Government Representatives and their respective roles and responsibilities on this contract:

a. Contracting Officer

As defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and in accordance with FAR 1.602-1, Authority, “Contracting officers have authority to enter into, administer, and/or terminate contracts and make related determinations and findings.” There is no other authorized representative, or any other Administrative Contracting Officer assigned to this contract to carry out a Contracting Officer’s duties, except for technical direction assigned to the Contracting Officer’s Representative, if applicable.

The Contracting Officer is:

Deborah S. Lester Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Acquisition & Grants Group Division of Beneficiary Support Services 7500 Security Blvd.

Mail-stop: B3-30-03 Baltimore, MD 21244-1850 Phone: 410-786-5136 Email Address: Deborah.lester@cms.hhs.gov

b. Contract Specialist

Notwithstanding any of the other provisions of this Contract, the Contract Specialist will assist the Contracting Officer with his/her responsibilities as defined in the FAR.

The Contract Specialist is:

Brian Humes Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Acquisition & Grants Group Division of Beneficiary Support Services 7500 Security Blvd.

mailto:Deborah.lester@cms.hhs.gov

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Mail-stop: B3-30-03 Baltimore, MD 21244-1850 Phone: 410-786-8898 Email Address: Brian.Humes@hhs.cms.gov

c. Contracting Officer’s Representative

The Contracting Officer’s Representative (COR), as defined in FAR 2.101, Definitions, is:

TDB

Centers for Medicare & Medicaid Services Office of Communications Call Center Operations Group Division of Call Center Operations 7500 Security Blvd.

Mail-stop: TBD Baltimore, MD 21244-1850 Phone: TDB Email: TDB

In accordance with FAR 1.602-2(d), Responsibilities, the COR’s delegated responsibilities are identified in the Contracting Officer’s appointment memorandum, a copy of which will be furnished to the contractor.

The COR will serve as the primary liaison between the Contractor and the Contracting Officer and perform duties within the limitations of the COR’s responsibilities in accordance with FAR 1.602- 2(d).

Technical direction must be within the general scope of the work stated in the contract. The term "technical direction" is defined to include, without limitation, the following:

(1) Directions to the Contractor which direct 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 technical requirements as identified in the Statement of Work or Performance Work Statement; or

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

Technical direction within the scope of the contract, shall be “in writing” whenever possible and routed through the CO prior to release to the Contractor. If technical direction is verbally communicated, the COR must immediately confirm its direction in writing. Where doubt exists as to whether proposed technical direction is within or outside the scope of the contract, the CO shall be contacted.

If, in the opinion of the Contractor, any instruction or direction issued by a Government representative constitutes a change to the contract or constitutes a “Change Order” as defined in FAR 2.101, Definitions, the Contractor shall follow the instructions identified in FAR 52.243-7 Notification of Changes.

The COR “has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its mailto:Brian.Humes@hhs.cms.gov

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The COR’s authority is not re-delegable, and the COR may be personally liable for unauthorized acts in accordance with FAR 1.602-(d)(7)(iv) and (v). For example, the COR does not have the authority to:

1. Make changes to contract terms and conditions;

2. Direct the contractor to perform work or make deliveries not specifically required under the contract;

3. Waive or relax the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract;

4. Make any commitments or approve any actions that would create any financial obligation on the part of the Government; or

5. Issue direction that constitutes a “change” as defined in:

• FAR 52.243-1, Changes – Fixed Price;

• FAR 52.243-2, Changes – Cost Reimbursement;

• FAR 52.243-3, Changes – Time and Material and Labor Hour;

• FAR 52.243-4, Changes; or,

• FAR 52.243-5, Changes and Changed Conditions.

In addition to the above responsibilities, the COR and/or Contractor shall immediately notify the Contracting Officer of any contractual concerns related to the following:

1. Personal Services: FAR 37.104(a) provides that, “[a] personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract.”

Under this contract, the services to be performed do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor. The services to be performed under this contract are not for personal services as defined by FAR 37.104.

Both the Government and the Contractor have a responsibility to monitor contract activities. The CO must be notified immediately if at any time during contract performance the interaction between the Government representative and Contractor personnel constitutes or is perceived to constitute personal services. Both the Government and Contractor personnel must exercise caution to ensure that service contracts not personal in nature avoid even the appearance of a personal services contract.

2. Inherently Governmental Functions: The agency shall not use contractors for the performance of inherently governmental functions unless issued under statutory authority See FAR 7.5 Inherently Governmental Functions. As defined in FAR 2.101, “Inherently Governmental Function” means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Inherently governmental functions DO

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NOT normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials.

FAR 7.503(c) provides a list of examples of functions considered to be inherently governmental functions or which shall be treated as such.

To this effect, during contract performance, care should be taken to ensure that any change or expansion in scope of the requirement does not include inherently governmental functions. Further, due to the nature of a given requirement, there is a potential for close working relationships to develop between Government and Contractor personnel; however, care should be taken to ensure that any familiarity established between the Government and Contractor personnel never promotes or fosters an environment that allows for the assignment of inherently governmental functions to contractor employee(s).

3. Unauthorized Commitments: In carrying out your duties, you are reminded that in accordance with FAR 1.602-2(d)(5), the COR “[h]as no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract, or in any way direct the Contractor, or its Subcontractors, to operate in conflict with the contract terms and conditions.” Doing so constitutes an “unauthorized commitment.” The Contracting Officer is the only individual with the authority to enter into an agreement on behalf of the Government. An unauthorized commitment is defined as “an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.” FAR 1-602-3(a). Examples of unauthorized commitments include, but are not limited to, the following:

• Orders placed with a Contractor without a valid contractual instrument in place.

• Directing any Contractor to do additional work, in excess of the contract value, or work beyond the Period of Performance.

• Authorize new work to a contract without notifying the Contracting Officer (CO) or

Contract Specialist (CS) and having a modification in place for the new work.

• Directing the Contractor, in any way that could change the terms and conditions of the contractual instrument or be deemed outside the Scope of the Statement of Work.

Unauthorized commitments are a serious matter and may result in personal liability on the part of the employee who committed the unauthorized commitment. Ratification, is “the act of approving an unauthorized commitment by an official who has the authority to do so.” FAR 1.602-3(a).

G.13 BUSINESS MEALS

a. It is the Department’s policy that OPDIVS and STAFFDIVS shall not use appropriated funds to purchase food (whether for conferences or meetings for; meals, light refreshments, or beverages; or for Federal or non-Federal participants).

NOTE: This contract clause does not pertain to the meals portion of allowable costs incurred as part of the per diem expense allowed under the Federal Travel Regulations (FTRs).

https://www.acquisition.gov/content/part-1-federal-acquisition-regulations-system#i1126427

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G.14 SMALL BUSINESS PARTICIPATION

CMS requires that a minimum of 15% of total contract dollars (excluding award fee) be subcontracted to small businesses. The following small businesses have been identified as subcontractors under this contract:

Name Classification Address Point of Contact Phone Number

TBD

The contractor shall notify the Contracting Officer of any substitutions of these firms.

G.15 CMS CONTRACT FUNDS MANAGEMENT (CFM) (OCT 2023)

The contractor shall provide a CFM Report which includes information delineated by Contract Line- Item Number (CLIN) and TASK to assist CMS in effectively and efficiently managing contract funds and to assess the contractor’s effectiveness in forecasting, managing and controlling costs. The CFM Report shall be submitted as directed in the Schedule of Deliverables.

This term and condition is intended to augment and work in conjunction with FAR clauses 52.232-20 Limitation of Cost, 52.232-22 Limitation of Funds, and/or 52.212-4(i)(2) Contract Terms and Conditions

– Commercial Products and Commercial Services. This language does not replace or otherwise negate contract actions required in any FAR or HHSAR clauses.

For Cost Reimbursement CLIN/TASKs, the contractor shall, at a minimum, provide the following CFM information, per CLIN and TASK.

• CFM Report to include the following:

o Basis used for forecasting costs to complete the remainder of the work;

o Identify and explain any variance between billing rates and anticipated end-of-year rates, including impact on cost;

o Indicate if any updates to billing rates are needed, along with rationale;

o Recommendations which may include in-scope work changes, change in level of effort, deobligations, etc. and o Completed Estimate at Completion (EAC) (Statement of Work Attachment 8 – EAC

Sample) to include:

Actual costs of work performed by cost element to date;

Forecasted direct and indirect costs to complete the remainder of the work by cost element; and Indirect Cost Rates used for calculations must be identified and separated by contractor accounting/fiscal year using the contractor’s final or anticipated final indirect cost rates, as applicable.

EAC must be submitted in Excel format with fully functioning formulas and not password protected.

The CFM Report will be used to perform a periodic cost underrun and overrun analysis in an effort to efficiently track and evaluate actual costs incurred as the work is being performed.

The Contracting Officer (CO) reserves the right to request additional CFM information as the CO deems appropriate, provided in a format specified by CMS.

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G.16 HHSAR 352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB

2022)

a. Definitions. As used in this clause –

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

b. Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system.