RFP-CMS-2008-0014 Amendment 000004 pgs 2-6.doc

RFP-CMS-2008-0014

Zone Program Integrity Contractor

Cycle Two Amendment 000004

This amendment is issued to:

1) Amend the SF-33, page 1, to insert “240” at block 12;

2) Section B.11.3. is amended to remove the date;

3) Section I, Contract Clauses, is amended to make updates;

4) Section K, K.3 52.203-11,Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions is amended to update the clause date and language;

5) Section L.2, FAR 52.252-1, Solicitation Provisions Incorporated By Reference (Feb 1998) is amended to correct the 52.204-6 clause date and to add HHSAR provision 352.232-75;

6) Section L.17.G.4 is amended to add language;

7) Section J, Attachment J.2, Section B.3 is amended to correct the period of performance for CLINs 0003 – 0006.

A) SF33, page 1, is amended to incorporate “240” at block 12 and reads as follows:

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 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 designated point(s), within the time specified in the schedule.

B) Section B.11, Incremental Funding, is amended and reads as follows:

B.11 INCREMENTAL FUNDING

1. Sufficient funds are not presently available to cover the total estimated amount of this contract. In accordance with the Limitation of Funds clause, FAR 52.232-22, initial funds will be obligated under the contract to cover the first increment of performance. Additional funds are intended to be allotted to the contract by modification up to and including the full estimated cost of the contract, to accomplish the entire project. While it is the Government’s intention to incrementally fund this contract over the entire period of performance up to and including the full estimated cost, the Government will not be obligated to reimburse the contractor for costs incurred in excess of the cumulative amount of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted.

2. The Limitation of Funds clause included in this contract shall supersede the Limitation of Cost clause (FAR 52.232-20) found in Section I of this contract, until such time as an amount equal to the negotiated total estimated cost plus award fee set forth in Section B.3 is allotted to this contract.

3. Pursuant to FAR 52.232-22 Limitation of Funds, total funds in the amount of $000,000 have been allotted for costs and are available for payment of the contractor’s performance of the work from the effective date of contract award through________. Of that amount, funds in the amount of $000,000 are available for estimated costs, and $00,000 is available for the fixed fee.

C) Section I, Contract Clauses, the following clauses are amended:

I.1

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.204-6

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

52.204-7

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 2008)

52.219-9.1 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) – ALTERNATE II (OCT 2001)

52.222-41

SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007)

52.227-1

AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2.1 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-11

PATENT RIGHTS - RETENTION BY THE CONTRACTOR (SHORT FORM) (DEC 2007)

52.227-12

PATENT RIGHTS - RETENTION BY THE CONTRACTOR (LONG FORM) (JAN 1997)

52.227-14

RIGHTS IN DATA – GENERAL (DEC 2007)

52.227-17

RIGHTS IN DATA - SPECIAL WORKS (DEC 2007)

52.230-6

ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)

D) Section K, K.3 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sep 2005) is amended to update the clause date and languate and reads as follows:

K.3

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure.

E) Section L.2, FAR 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) is amended to correct the 52.204-6 clause date and add a HHSAR provision 352.232-75 and reads as follows:

L.2

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far/.

Federal Acquisition Regulation (FAR) Clauses:

52.204-6

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

52.215-16

FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.222-24

PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (FEB 1999)

52.222-46

EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

52.237-10

IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997)

352.232-75

INCREMENTAL FUNDING (JAN 2006)

Any resultant contract shall include the FAR clauses applicable to the selected Offeror's organization and type of contract award. Copies of the FAR clauses may be obtained by visiting Internet Web Site www.arnet.gov/far/ or by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included at time of award.

F) Section L.17.G.4 is amended to include additional language and reads as follows:

4.

Performance information will be used for both the responsibility determination and as an evaluation factor against which Offerors’ relative rankings will be compared to assure best value to the Government. The attached questionnaire (Attachment J.7) must be submitted directly by the references listed in paragraph G.1. above. Attachment J.7 includes a sample cover letter, instructions for questionnaire response and the questionnaire. References shall be asked to submit their responses directly to CMS no later than one (1) week after the proposal due date. CMS will follow up with references which have not responded by the date specified. References other than those identified by the Offeror may be contacted by the Government with the information received used in the evaluation of the Offeror’s past performance.

CMS will also review the NIH Contractor Performance System (CPS) and may review the Federal Government’s Past Performance Information Retrieval System (PPIRS) for existing performance evaluations. If your designated reference above has previously submitted an evaluation in either of these systems they do not need to resubmit using the form attached. CMS will locate the evaluation in the appropriate performance system.

G) Section J, Attachment J.2, Section B.3 is amended to correct the period of performance for CLINs 0003 – 0006 and reads as follows:

B.3

DETERMINATION OF ORDER TYPE/PRICES/COSTS

This is a Cost Plus Award Fee (CPAF) task order. The total estimated cost of this task order is ___TBD___. The total base fee is __TBD_______. The total award fee is __TBD____. The total estimated CPAF is ___TBD____.

Transition

Fully Operational

Option Year 1

Option Year 2

Option Year 3

Option Year 4

TOTAL