RFP-OIG260145.pdf

Request for Proposal # RFP-OIG260145

The U.S. Department of Health and Human Services, Office of Management and Policy, Acquisition Division on behalf of the Office of the Inspector General (OIG), is issuing this competitive Request for Proposal (RFP). OIG requires an IDIQ for Medical Record Review and Consultative Services

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Subpart 12.6, FAC 2020-08 (August 2020) as supplemented with additional information included in this notice. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/far/ and http://farsite.hill.af.mil/.

This requirement is full and Open Competition and NOT a Small Business Set-Aside. The RFP number is RFP-OIG260145.

The NAICS code is–541611Administrative Management and General Management Consulting Services, $16.5 Million.

Offeror(s) shall provide a cover page that includes a Primary Point of Contact, and all Sub-Contractor(s) information.

Contracting Officer Nicola L. Carmichael Nicola.Carmichael@oig.hhs.gov

Contract Specialist Christopher Winfield Chris.Winfield@oig.hhs.gov http://farsite.hill.af.mil/ mailto:Nicola.Carmichael@oig.hhs.gov mailto:Chris.Winfield@oig.hhs.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OS-OIG

Washington DC 20201 5th Floor 330 Independence Ave SW Office of Inspector General

OIG-HQ CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROS-OIG

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/23/2020 1200 ET

09/03/2020

CHRISTOPHER WINFIELD

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75040120R00005

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 30 OIG260145OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20201 330 Independence Ave, SW Cohen Building

OIG HQ

15. DELIVER TO

Washington DC 20201 5th Floor 330 Independence Ave SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Office of Inspector General

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1 00 Requisition for the new Medical Review IDIQ for FY 2020 Delivery: 12/09/2020 Period of Performance: 12/09/2020 to 12/08/2021

1 1 00 Requisition for the new Medical Review IDIQ for FY 2020 CAN 0-D990254 OC-25323 50

The scope of the resulting contract(s) will include medical review and consultative services associated with the oversight activities of the OIG primarily

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

NICOLA L. CARMICHAEL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

involving Medicare fee-for-service payme

2 1 00 Requisition for the new Medical Review IDIQ 1 EA for FY 2020 CAN 0-D99MR01 OC-25323 50

The scope of the resulting contract(s) will include medical review and consultative services associated with the oversight activities of the OIG primarily involving

Medicare fee-for-service payments

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

A.1. PURPOSE

The Office of Inspector General (OIG) is pursuing the acquisition of medical review and consultative services to assist the OIG in conducting its’ oversight responsibilities regarding the programs operated by the Department of Health and Human Services (HHS). The acquisition will primarily result in services that support the OIG’s auditing function carried out by the OIG Office of Audit Services and the production of audit reports. The resulting contract(s) will include professional services to determine whether selected medical services and claims pertaining to beneficiaries of Medicare (and occasionally Medicaid) complied with coverage, coding, payment, and billing requirements and to provide medical consultative services to the OIG with respect to such services and claims. The acquisition is primarily to assess services and claims for Medicare fee-for-service payments for Part A and Part B. Other analyses on an infrequent basis may include assessment of services and claims for Medicaid or the Medicare Prescription Drug Plan (Part D).

A.2. BACKGROUND

OIG's mission is to provide objective oversight to promote the economy, efficiency, effectiveness, and integrity of HHS programs, as well as the health and welfare of the people they serve. Since its establishment, OIG has been at the forefront of the Nation's efforts to fight waste, fraud and abuse in Medicare, Medicaid and more than 100 other HHS programs. A majority of OIG's resources goes toward the oversight of Medicare and Medicaid — programs that represent a significant part of the Federal budget and that affect this country's most vulnerable citizens. Our oversight extends to programs under other HHS institutions, including the Centers for Disease Control and Prevention, National Institutes of Health, and the Food and Drug Administration.

To carry out its mission, OIG conducts oversight activities, including audits, evaluations, and investigations. OIG is authorized to conduct audits of HHS programs and operations by the Inspector General Act of 1978, as amended, and exercises independence and discretion in doing so. OIG also conducts audits specifically mandated by Acts of Congress. Audits examine the performance of HHS programs and/or its grantees and contractors in carrying out their respective responsibilities and are intended to provide independent assessments of HHS programs and operations. These audits help reduce waste, abuse, and mismanagement and promote economy and efficiency throughout HHS. Reports containing the results of medical record review are typically publicly released and available on the OIG’s website. OAS conducts its work in accordance with Government Auditing Standards issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; applicable Office of Management and Budget circulars; and other legal, regulatory, and administrative requirements.

Additional information about the OIG can be found on our website. Information about Offices of Inspector General overall can be found on the website of the Council of the Inspectors General on Integrity and Efficiency (CIGIE).

A.3 SCOPE

The scope of the resulting contract(s) will include medical review and consultative services associated with the oversight activities of the OIG primarily involving Medicare fee-for-service payments.

Occasionally it may include assessment of services and claims for Medicaid or Medicare Part D. Based on prior experience, the resulting contract(s) will require medical review of approximately 100-200 claims and associated medical records per audit and approximately 2,000-3,000 claims and associated medical records per annum, but actual workload under the resulting contract(s) could fluctuate based on potential future changes in OIG’s budget, shifts in OIG’s priorities, and other factors.

The scope of the resulting contract(s) will not include determining OIG priorities; identifying auditees and subject matter of audits; claims sampling; and establishing audit objectives, scope and methodology;

however, OIG may in its discretion ask for input on these matters as part of consultative services (see below). OIG will collect claims data, medical records and other supporting documents in accordance with each audit’s objectives. OIG will transmit those documents electronically through its secure file transfer system or occasionally in hard copy through the U.S. Postal Service or other parcel delivery service. The resulting contract(s) will not include responsibility for those functions.

A.4 PERIOD OF PERFORMANCE

The Period of Performance shall be One (1) Base Year of 12 months, and four (4) 12-month option period.

POP START END

Base Period Date of Award Through 12 months Option Period 1 Date of Option Exercise Through 12 months Option Period 2 Date of Option Exercise Through 12 months Option Period 3 Date of Option Exercise Through 12 months Option Period 4 Date of Option Exercise Through 12 months

A.5 CONTRACT TYPE:

Firm Fixed Price, Time and Materials, IDIQ

B. PRICING TABLE:

To be Determined in Phase III.

C.1 STATEMENT OF OBJECTIVES

1.1 Medical Review of Claims

The resulting contract(s) will require medical review of claims and the supporting medical record documentation as part of audits and less frequently other OIG activities (e.g., evaluations or investigations). Prior to the medical review, the OIG will select the claims for review and in all cases collect the medical documentation. The number of claims and timeframes will vary by review. Claim reviews require, at a minimum, the clinical evaluation of medical records and related documents to determine whether Medicare claims were billed and paid in compliance with Medicare's coding, coverage, billing and payment requirements.

A medical record is the systematic documentation of a single beneficiary's medical history and care across time. Medical record review is the evaluation of the beneficiary's information and medical records to ensure that payment is made only for services that meet all Medicare coverage, coding, and medical necessity requirements. When clinical judgment is needed, a medical record review must be performed by appropriate licensed professionals within the scope of their practice.

The Contractor(s) will perform medical record review of claims that are generated from all fifty (50) States and in six (6) territories. The Contractor(s) shall develop medical record review instruments for each review (e.g., audit) firmly grounded in correct and applicable Medicare criteria. The Contractor(s) shall provide a detailed final review results letter for each sampled claim. The final review results letter must contain an accurate and appropriate summary of all facts needed to support the determination and correctly summarize Medicare requirements. The letter should clearly explain the basis for each decision in a logical, thorough and fact-based manner. The letter should be written in plain English with all medical terminology that would be unfamiliar to a layman defined.

1.2 Consultative Services

Consultative services will consist of oral and written interactions with the OIG during all phases of the audit. Consultative services also will consist of assisting the OIG both orally and in writing in responding to auditee comments and other information received by the OIG pertaining to work previously conducted by the awardee, as well as making available for discussions with the OIG and CMS or an auditee, the professional personnel who performed said work in support of any given audit. In the foregoing instances, consultative services may not necessarily involve a separate task order from the medical review; the OIG looks forward to solutions proposed by Offerors during the Oral Presentations and PWS/QCP and Price Proposal phases of this award.

In addition, consultative services will include on an ad hoc basis providing expertise on a wide variety of medical related issues including assistance in assessing risk in designing future oversight activities or in assessing the Medicare program to identify fraud, waste, and abuse vulnerabilities.

C.2 MINIMUM REQUIREMENTS AND QUALIFICATIONS:

• The Contractor must have in place adequate facilities, personnel, and equipment to perform medical reviews.

• The Contractor must have in place adequate facilities, personnel, and equipment to produce satisfactory medical record review instruments and final review results letters.

• The Contractor shall provide a secure environment for the transmission of information and adequate protection of all personally identifiable information (PII).

• The Contractor must have professional staff (medical and coding) with thorough knowledge of and extensive expertise in applying requirements for providing and billing services to Medicare beneficiaries. The Contractor must employ or contract with Board certified physicians in all relevant fields of medicine and surgery in order to evaluate the medical necessity of any and all Medicare services.

• The Contractor must understand the OIG’s oversight function and purpose of OIG’s audits.

• The Contractor shall have in place a mechanism to oversee and monitor the progress of all assigned projects and shall be able to provide status updates to OIG at least bi-weekly.

• The Contractor will be available to participate in discussions (in person or via teleconference) with outside entities (including the auditee and Medicare officials) in the event that the OIG requests such assistance.

• The Contractor shall have a robust quality assurance process to maintain accuracy in decision making (including inter-reviewer reliability).

• The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants.

• The Contractor shall have the capacity to review Spanish medical records, preferably by bilingual medical professionals and coders.

C.3. PLACE OF PERFORMANCE:

All contractor personnel will be required to work offsite at the contractor's designated facilities or as directed.

C.4. GOVERNMENT HOURS OF OPERATION

Hours of Operation: The Contractor is responsible for performing between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

The Contractor must always maintain an adequate work force for the uninterrupted performance of all objectives defined within this Statement of Objectives when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

C.5. RECOGNIZED HOLIDAYS

The contractor is not required to perform services on holidays

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day

Independence Day Christmas Day

If these holidays fall on a Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed.

D. RESERVED

E. INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work performance, reports, and other deliverables under this Contract shall be performed by the Contracting Officer Representative (COR) upon electronic delivery. All deliverables will be inspected for content, completeness, accuracy, and conformance to requirements by the Government COR. Inspection may include validation of information or inspections of the deliverables. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

F.1 DELIVERIES OR PERFORMANCE: To be determined at the Task Order level.

F.2 DELIVERY SCHEDULE/TABLE (Align to Task and/or mapped to deliverables at FFP Amounts, if applicable.)

F.3 DELIVERY INSTRUCTIONS: To be determined at the Task Order level

G. CONTRACT ADMINISTRATION DATA:

G.1 Invoicing Instructions/Submission

The Contractor shall submit a complete invoice with all required back-up documentation electronically, via email, to:

1. Contracting Officer Representative (COR): Michael.Reeb@oig.hhs.gov

2. Contract Specialist (CS): Chris.Winfield@oig.hhs.gov

3. Financial Management Service (FMS) at: PSC_Invoices@psc.hh.gov (PSC_Invoices…)

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the delivery order number and the number of invoices. The Contractor shall send one email per delivery order per month. The email may have multiple invoices for the delivery order.

Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted.

The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions - Commercial Items, a proper invoice must include the following items:

mailto:PSC_Invoices@psc.hh.gov

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices AND the following:

(2) An invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number; (iv)

Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer, System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer, Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

A. In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

B. Questions regarding invoice payments should be directed to the PSC Payment Office. at the email address or phone number listed below.

52.232-1 Payments.

As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of clause)

G.2. Contracting Officer Representative (COR) Authority

Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

a. Technical direction must be within the scope of the specification(s)/work statement.

b. The Contracting Officer's Representative does not have authority to issue technical direction that: Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

c. Constitutes a change as defined in the clause entitled "Changes";

d. In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

https://www.acquisition.gov/content/32111-contract-clauses-non-commercial-purchases#i1083775

e. Changes any of the terms, conditions, or specification(s)/work statement of the contract;

f. Interferes with the contractor's right to perform under the terms and conditions of the contract; or

g. Directs, supervises or otherwise controls the actions of the contractor's employees.

2. Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

3. The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

4. Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

G.3. Government/Contractor Point of Contact(s) (POCs)

The contact information for the Contracting Officer is the following:

G.4. Contracting Officer-CO

Nicola L. Carmichael, Deputy Director-Acquisition Division Department of Health and Human Services Office of Inspector General Office of Management and Policy Nicola.Carmichael@oig.hhs.gov Cell: (202) 870-8579

G.5. Contract Specialist-CS

Christopher Winfield Contract Specialist Department of Health and Human Services Office of Inspector General Office of Management and Policy Chris.Winfield@oig.hhs.gov Cell: (202) 836-1072

The contact information for the Contracting Officer Representative is the following:

G.6. Contracting Officer Representative-COR

The contact information for the Contractor is the following:

G.7. Contractor Representative:

Michael Reeb Department of Health and Human Services Office of Inspector General Office of Audit Services Michael.Reeb@oig.hhs.gov

(410) 786-2061

H. SPECIAL CONTRACT REQUIREMENTS / GUIDANCE(S) OIG/HHS

H.1. Security Requirements

The Contractor employee must obtain a security clearance commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). The following position sensitivity designations apply to this contract:

• Public Trust -Moderate Risk. Contractor employee assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

• Safeguarding Information and Information Systems

The Contractor is responsible for the following:

o On behalf of OIG; protecting federal information and information systems in order to ensure their:

o Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity;

o Confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and o Availability, which means ensuring timely and reliable access to and use of information.

o Providing security of any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor on behalf of HHS regardless of location per clause 52.239-1 of the Federal Acquisition Regulation (FAR)

H.2. Physical Security Requirements

The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

H.3. Intellectual Property

352.227-11 Patent Rights—Exceptional Circumstances.

As prescribed in HHSAR 327.303, the Contracting Officer shall insert the following clause:

Patent Rights—Exceptional Circumstances (Sept 2014)

This clause applies to all Contractor and subcontractor (at all tiers) Subject Inventions.

(a) Definitions. As used in this clause— https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-327-patents-data-and-copyrights/index.html#327.303

Agency means the Agency of the U.S. Department of Health and Human Services that is entering into this contract.

Class 1 Subject Invention means a Subject Invention described and defined in the DEC that will be assigned to a third party assignee, or assigned as directed by the Agency.

Class 2 Subject Invention means a Subject Invention described and defined in the DEC.

Class 3 Subject Invention means a Subject Invention that does not fall into Class 1 or Class 2 as defined in this clause.

DEC means the Determination of Exceptional Circumstances signed by [insert approving official] ____ on ____ [insert date] ____ and titled “[insert description].”

Invention means any invention or discovery, which is or may be patentable or otherwise protectable under Title 35 of United States Code, or any novel variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)

Made means: When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of such invention; or when used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Material means any proprietary material, method, product, composition, compound, or device, whether patented or unpatented, which is provided to the Contractor under this contract.

352.227-14 Rights in Data—Exceptional Circumstances.

As prescribed in HHSAR 327.409, insert the following clause with any appropriate alternates:

Rights in Data—Exceptional Circumstances (Sept 2014)

(a) Definitions. As used in this clause—Definitions may be added or modified in paragraph (a) as applicable.

Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software—(i) Means (A) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(B) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(ii) Does not include computer databases or computer software documentation.

Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-327-patents-data-and-copyrights/index.html#327.409

Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice in Alternate II paragraph (g)(3) if included in this clause. “Limited rights data” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of Alternate III paragraph (g)(4) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

H.4. Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

H.5. Contracting Officer Representative (COR):

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting Contract.

H.6. Identification of Contractor Employees

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.7. Organizational Conflict of Interest

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

H.8. Government Furnished Property, Items and Services

The Government will provide the Contractor with dedicated office space, basic equipment and property (e.g., laptops and/or desktops). The Government will also provide access to OIG tools and applications as needed to support this effort.

All Government Furnished Equipment (GFE)/Government Furnished Property (GFP) provided to the Contractor, to perform work under this contract, shall be returned to the Government at the end of the period of performance. The Contractor shall keep an inventory of GFE/GFP, which shall be made available to the COR upon request. The Contractor shall ensure that all GFE/GFP provided for their use shall be secured.

The Contractor shall manage, maintain, and control all GFE/GFP in support of this contract.

H.9. Work at Home - Allowed in coordination with COR.

H.10. Contractor Training Requirements

H.11. New Contractor Required Training Every new contractor will receive a Welcome Email on their first day with OIG. The COR is copied on this email. It outlines the mandatory training required for the new contractor. It is important for the COR (with the help of the Contractor PM) to encourage the contractors to complete their required training within the timeframe provided in the Welcome Email. See Appendix A.

If the contractor does not have a Government furnished laptop, the COR must contact the following Course Administrators to request guidance on options for training completion - such as, providing a .pdf version for the contractor to take. Then the COR must verify, and request that the Course Administrator record the exception in WBT. All courses below are listed in the Welcome email that your contractors received when they first started with OIG.

Training Category Division Notified by Course Administrator

Security Awareness Information Assurance

(IA)

Welcome Email

Chris Serviss

Privacy Awareness Information Assurance

(IA)

Welcome Email

Chris Serviss

Equal Employment Opportunity

(EEO)

Human Capital Welcome Email

Stephanie Block

Records Management Training Digital Services Michael J.

Brown

Michael J. Brown

H.12. Non-Disclosure

H.13. New Contractor Non-Disclosure Agreement All Contractors must sign a non-disclosure agreement. The COR is responsible to collect and keep on hand, all signed documents for the contract. They will be needed in the event of an audit.

H.14. Emergency Management

Emergency Management Language

OIG contractors are subject to all applicable agency-specific and building-specific safety and emergency policies, regulations, requirements. While on-site at an HHS OIG occupied facility, contractor personnel are considered occupants and, as such, must comply with the Occupant Emergency Program of the facility and OIG policies.

The following addresses the emergency management responsibilities of HHS OIG contractor personnel.

A. Contractor Personnel

1. Must take responsibility for their individual safety during an emergency.

2. Treat all emergency notifications as real, requiring compliance, unless told otherwise.

3. Be familiar with building procedures related to how to respond to emergency notifications, including drills and exercises, at their primary work site.

4. Follow the safety instructions related to the job site including but not limited to emergency notifications and direction from building Occupant Emergency Organizational personnel, Occupant Emergency Plan, Fire/Life Safety personnel, law enforcement, and other authorities having jurisdiction.

5. Cooperate to the fullest extent with all pertinent facility procedures and regulations.

6. Know the locations of stairways, fire exits, fire alarm pull stations, evacuation routes, fire extinguishers, and designated Assembly Areas.

7. Respond promptly to alarms and instructions. Quickly and safely exit the building or report to a Shelter in Place location as necessary.

8. Report promptly to assigned relocation or Assembly Area(s) and check in with COR or COTR personnel. Do not leave the Assembly Area unless specifically ordered to do so or first advising your COR or COTR.

http://oigportal.hhsoig.gov/OMP/OIT/csc/Documents/CSC%20Forms/hhs_nondisclosure_2008.pdf

9. Notify COR of temporary or permanent physical limitations and complete an “Individual Evacuation Plan” form and submit to COR as necessary.

10. Complete all required emergency management related training by required deadlines.

B. OIG Emergency Notification System (ENS)

1. When events impacting normal OIG mission or operations arise, OIG may elect to utilize the emergency notification system to inform personnel, including contractors, and gather accountability.

2. It is the responsibility of ENS message recipients, upon receiving an emergency or non-emergency ENS message, to read, respond to, and take the appropriate action during working hours.

3. Under certain circumstances, messages will include predefined response options for accountability purposes. When recipients receive a message with a response option(s), each contractor shall respond by selecting the most appropriate response as quickly as practicable during working hours.

4. During non-working hours, contractors are not required to provide a response to an ENS message. Should a contractor choose to respond to a notification outside of working hours, this does not imply billable time to the contract or the right to any other compensation.

I. HHS and FAR Clauses

I.1. HHS Clauses

1. HHSAR 352.203-70 Anti-Lobbying (DEC 2015)

2. HHSAR 352.211-1 Public Accommodations and Commercial Facilities (DEC 2015)

3. HHSAR 352.211-3 Paperwork Reduction Act (DEC 2015)

4. HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

(DEC 2015)

5. HHSAR 352.249-8 Apr 1984 Default (Fixed-Price Supply and Service)

6. HHSAR 352.224-70 Privacy Act (DEC 2015)

7. HHSAR 352.224-71 Confidential Information (DEC 2015)

8. HHSAR 352.227-70 Publications and Publicity (DEC 2015)

I.2. FAR Contract Clauses Incorporated by Reference: (52.252-2 | 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. For a full list of clauses, see FAR Smart Matrix at https://www.acquisition.gov/far-smart-matrix.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/

52.202-1 Definitions.

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-6_Alternate I 52.203-7 Anti-Kickback Procedures.

http://www.hhs.gov/hhsar/ https://www.acquisition.gov/content/52202-1-definitions https://www.acquisition.gov/content/52203-5-covenant-against-contingent-fees https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government https://www.acquisition.gov/content/52203-6alternate-i https://www.acquisition.gov/content/52203-7-anti-kickback-procedures

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

52.204-14 Service Contract Reporting Requirements 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts 52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.216-18 Ordering.

52.216-19 Order Limitations.

52.216-20 Definite Quantity.

52.216-22 Indefinite Quantity.

52.216-24 Limitation of Government Liability.

52.216-25 Contract Definitization.

52.216-25_Alternate I 52.217-4 Evaluation of Options Exercised at Time of Contract Award.

52.217-5 Evaluation of Options.

52.217-6 Option for Increased Quantity.

52.217-7 Option for Increased Quantity-Separately Priced Line Item.

52.217-8 Option to Extend Services.

52.217-9 Option to Extend the Term of the Contract.

52.222-17[Reserved] 52.222-50 Combating Trafficking in Persons.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.225-13 Restrictions on Certain Foreign Purchases.

52.225-25Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

52.232-1 Payments.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-2 Service of Protest.

I.3. Contract Clauses Incorporated in Full text

52.215-70 - Key Personnel, if applicable to this contract.

At least 30 days prior to the Contractor voluntarily diverting any of the specified key personnel to other programs, Contractor shall notify the CO and COR and shall submit a justification for the diversion or replacement and a request to replace the individual.

Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the CO.

If key personnel are terminated for cause or separate from the Contractor voluntarily with less than 30 days’ notice, Contractor shall provide the maximum notice practicable under the circumstances.

https://www.acquisition.gov/content/52203-17-contractor-employee-whistleblower-rights-and-requirement-inform-employees-whistleblower-rights https://www.acquisition.gov/content/52203-17-contractor-employee-whistleblower-rights-and-requirement-inform-employees-whistleblower-rights https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52204-24-representation-regarding-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-24-representation-regarding-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation https://www.acquisition.gov/content/52216-24-limitation-government-liability https://www.acquisition.gov/content/52216-25-contract-definitization https://www.acquisition.gov/content/52216-25alternate-i https://www.acquisition.gov/content/52217-4-evaluation-options-exercised-time-contract-award https://www.acquisition.gov/content/52217-5-evaluation-options https://www.acquisition.gov/content/52217-6-option-increased-quantity https://www.acquisition.gov/content/52217-7-option-increased-quantity-separately-priced-line-item https://www.acquisition.gov/content/52217-8-option-extend-services https://www.acquisition.gov/content/52217-9-option-extend-term-contract https://www.acquisition.gov/content/52222-17reserved https://www.acquisition.gov/content/52222-50-combating-trafficking-persons https://www.acquisition.gov/content/52223-18-encouraging-contractor-policies-ban-text-messaging-while-driving https://www.acquisition.gov/content/52225-13-restrictions-certain-foreign-purchases https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran%E2%80%94representation-and-certifications https://www.acquisition.gov/content/52225-25prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran%E2%80%94representation-and-certifications https://www.acquisition.gov/content/52232-1-payments https://www.acquisition.gov/content/52232-39-unenforceability-unauthorized-obligations https://www.acquisition.gov/content/52233-2-service-protest

Contractor shall assign to this call order those key persons whose resumes are submitted with the proposal necessary to fulfill the requirements of the Statement of Work. No substitution shall be made without prior notification to and concurrence of the CO and the COR.

All Contractor personnel shall be:

o adequately trained o possess credentials appropriate to their labor…