Amendment 000002 JA.docx

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DME MAC Jurisdiction A Federal contract opportunity
Solicitation number
RFP-CMS-2010-0004
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Department of Health and Human Services Centers for Medicare and Medicaid Services

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RFP-CMS-2010-0004 DME MAC Jurisdiction A Amendment 000002

The purpose of this amendment is to incorporate the following changes to the solicitation and provide responses to solicitation questions received. The solicitation question responses are hereby provided as Attachment A to this solicitation amendment. The solicitation is amended as follows:

A. SECTION A, SF-33, ITEM 9, is deleted entirely and replaced with the following:

9. Sealed offers in original and 6 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 depository located in C2-21-15 until 2:00 EST (local prevailing time) 02/04/2010.

B. SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, Subsection C.1, Statement of Work, is modified as follows:

The Statement of Work, revised January 27, 2010, is incorporated as Attachment J.1 and made a part of this solicitation.

C. SECTION H. – SPECIAL CONTRACT REQUIREMENTS, is modified as follows:

1. Subsection H.3, CONFLICT OF INTEREST, is deleted in its entirety and replaced with the following:

H.3 CONFLICT OF INTEREST

a. General: It is essential that the Contractor and the services provided to Medicare beneficiaries under this contract be free, to the greatest extent possible, of all conflicts of interest. Except as provided below, the Contracting Officer shall not enter into a contract with an Offeror or maintain a contract with a Contractor that the Contracting Officer determines has, or has the potential for, an unresolved conflict of interest.

b. Disclosure: Contractors must disclose all actual, apparent and potential conflicts of interest to the Contracting Officer during the term of the contract in accordance with paragraph H.3.c. below. The Contractor shall have programs in place to identify, evaluate and mitigate all actual, apparent and potential conflicts of interest that preclude, or would appear to preclude, the Contractor from rendering impartial assistance or advice on work performed for this contract, or the Contractor’s objectivity in performing the contract work is or might be otherwise impaired, or the Contractor has or obtains an unfair competitive advantage. The Contractor’s Conflict of Interest Certificate, that includes the Contractor’s plan to mitigate all actual, apparent and potential conflicts of interest identified during the term of the contract and certification that all work to be performed under this contract is free of unresolved conflicts of interest will be incorporated into the contract after award.

c. Conflict of interest identification:

1. Definitions: As used in this subpart, the following definitions apply:

(a)Financial relationship means—
(1)A direct or indirect ownership or investment interest (including an option or nonvested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest; or
(2)A compensation arrangement with an entity.

(b) Conflict of interest—

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

For purposes of the DME MAC, the activities and relationships described include those of the Offeror or Contractor itself and other business related to it and those of officers, directors (including medical directors), managers, and subcontractors.

2. Identification of conflict:

(a) The Contracting Officer determines that an Offeror or Contractor has a conflict of interest, or the potential for the conflict exists, if-

(1)The Offeror or Contractor is an entity described in paragraph H.3.c.2.c of this section; or
(2)The Offeror or Contractor has a present, or establishes a future, direct or indirect financial relationship with an entity described in paragraph H.3.c.2.c of this section.

(b) A financial relationship may exist either—

(1)Through an Offeror's or Contractor's parent company, subsidiaries, affiliates, subcontractors, or current clients; or
(2)From the activities and relationships of the officers, directors (including medical directors), or managers of the Offeror or Contractor and may be either direct or indirect. An officer, director, or manager has an indirect financial relationship if an ownership or investment interest is held in the name of another but provides benefits to the officer, director, or manager.

Examples of indirect financial relationships are, but are not limited to, holdings in the name of a spouse or dependent child of the officer, director, or manager and holdings of other relatives who reside with the officer, director, or manager.

(c)For the purpose of identifying entities with conflicts of interest above, the entity is one that-
(1)Would review or does review, under the contract, Medicare services furnished by a provider or supplier that is a direct competitor of the Offeror or Contractor;
(2)Prepared work or is under contract to prepare work that would be reviewed under the DME MAC contract;
(3)Is affiliated, as that term is explained in FAR 19.101, with a provider or supplier to be reviewed under the contract.
(d)The Contracting Officer may determine that an Offeror or Contractor has a conflict of interest, or the potential for a conflict exists, based on the following:
(1)Apparent conflicts of interest. An apparent conflict of interest exists if a person believes that the Offeror or Contractor would have a conflict of interest in performing the requirements of a contract under this subpart. No inappropriate action by the Offeror or Contractor is necessary for an apparent conflict of interest to exist.
(2)Other contracts and grants with the Federal Government.

3. Exception. The Contracting Officer may contract with an Offeror or Contractor that has an unresolved conflict of interest if the Contracting Officer determines that it is in the best interest of the Government to do so.

4. Offeror's or Contractor's responsibility with regard to subcontractors. An Offeror or Contractor is responsible for determining whether a conflict of interest exists in any of its proposed or actual subcontractors at any tier and is responsible for ensuring that the subcontractors have mitigated any conflict of interest or potential conflict of interest. The contracting officer shall be notified of such identifications for a determination in accordance with H.3.b.

A Contractor shall maintain documentation necessary to support its determination that its subcontractors have mitigated any conflict or potential conflict. A Contractor may require its subcontractors to follow the procedures for identifying, evaluating and disclosing conflicts of interest and potential conflicts of interest as contained herein.

5.Post-award conflicts of interest.
(a)In addition to the conflicts identified in this section regardless of when such conflict may arise, the Contracting Officer considers that a conflict of interest has occurred if during the term of the contract—
(1)The Contractor receives any fee, compensation, gift, payment of expenses, or any other thing of value from any entity that is reviewed or contacted during the normal course of performing activities under the DME MAC contract; or
(2)The Contracting Officer determines that the Contractor's activities are creating a conflict of interest.

(b) In the event the Contracting Officer determines that a conflict of interest exists during the term of the contract, the Contracting Officer may take action including, but not limited to:

(1)Not renewing the contract for an additional term;
(2)Modifying the contract; or
(3)Terminating the contract.

d. Conflict of interest evaluation:

1. Disclosure. Offerors that wish to be eligible for the award of a DME MAC contract under this subpart and DME MAC contractors, must submit, at times specified in paragraph H.3.d.2. of this section, a Conflicts of Interest Certificate. The Certificate must contain the information specified in paragraphs H.3.d.1 (a) through (i) of this section as follows:

(a)A description of all business or contractual relationships or activities that the Contractor’s compliance officer has determined could be viewed as a conflict of interest.
(b)A description of the methods the Offeror or Contractor will apply to mitigate any situations listed in the Certificate that could be identified as a conflict of interest.
(c)A description of the Offeror's or Contractor's program to monitor its compliance and the compliance of its proposed and actual subcontractors with the conflict of interest requirements as identified in the relevant solicitation.
(d)A description of the Offeror's or Contractor's plans to contract with an independent auditor to conduct an annual conflict of interest audit.
(e)A description of all other Medicare contracts held by the Contractor, its parent company, subsidiaries or other affiliated entities.
(f)An affirmation, using language provided below, signed and dated by an official authorized to bind the Contractor:

I, (Name and Title), certify that to the best of my knowledge and belief: 1) I am an official authorized to bind the entity; 2) the information contained in the Conflict of Interest Certificate is true and accurate as of (Date) ; and 3) I understand that the Contracting Officer may consider any deception or omission in this Certificate to be grounds for non-consideration for contract award, modification or nonrenewal or termination of the current contract, and/or other contract or legal action.

An Offeror shall submit an affirmation certifying the information to be true and accurate as of the date the proposal is submitted. Upon award, the Contractor shall submit an updated affirmation, if necessary, certifying the information to be accurate as of the date of contract award.

(g)Corporate and organizational structure.
(h)Financial interests in other entities, including the following:
(1)Percentage of ownership in any other entity.
(2)Income generated from other sources.
(3)A list of current or known future contracts or arrangements, regardless of size, with any--
(i)Insurance organization or subcontractor of an insurance organization; or
(ii)Providers or suppliers furnishing health services for which payment may be made under the Medicare program.
(4)In the case of contracts or arrangements identified in accordance with paragraph H.3.d.1.(g)(3) of this section, the dollar amount of the contracts or arrangements, the type of work performed, and the period of performance.
(i)The following information for all of the Offeror's or Contractor's officers, directors (including medical directors), and managers who would be, or are involved with, the performance of this DME MAC contract:
(1)The information required under paragraphs H.3.d.1 (a), H.3.d.1.(g)(3) and (4) of this section.
(2)The information specified in paragraphs H.3.d.1 (g)(1) and (2) of this section.

2. When disclosure is made. The Conflicts of Interest Certificate is submitted—

(a)With the Offeror's proposal;
(b)When the Contracting Officer requests a revision in the Certificate;
(c)Within 45 days of any change in the information submitted in accordance with paragraph H.3.d.1 of this section. The first annual certification shall be submitted on the anniversary date that the contract became fully operational and annually thereafter; and
(d)As part of the annual conflict of interest certification by an independent auditor.

3. Evaluation. The Contracting Officer evaluates conflicts of interest and potential conflicts, using the information provided in the Conflicts of Interest Certificate, and information from other sources in order to promote the effective and efficient administration of the Medicare program.

For each conflict identified, the Contracting Officer will evaluate the plan proposed to mitigate the conflict to determine if the mitigation plan will allow the Contractor to render impartial assistance or advice to the Government; or the Contractor’s objectivity in performing the contract work is not or will not be otherwise impaired; or the Contractor will not or has not obtained an unfair competitive advantage.

4. Protection of proprietary information disclosed.

(a)CMS protects disclosed proprietary information as allowed under the Freedom of Information Act (5 U.S.C. 552).
(b)The Contracting Officer requires signed statements from CMS personnel with access to proprietary information that prohibits personal use during the procurement process and term of the contract.

e. Conflict of Interest Resolution: Resolution of a conflict of interest is a determination that:

(1)The conflict has been mitigated;
(2)The conflict precludes award of a contract to the Offeror;
(3)The conflict requires that the Contracting Officer modify an existing contract;
(4)The conflict requires that the Contracting Officer terminate an existing contract; or
(5)It is in the best interest of the Government to contract with the Offeror or Contractor even though the conflict exists.

2. Subsection H.20, SYSTEM OF RECORDS, is deleted in its entirety and replaced with the following:

H.20

SYSTEMS OF RECORDS

The Privacy Act of 1974, Public Law 93-579, and the Regulations and General Instructions issued by the Secretary pursuant thereto, are applicable to this contract, and to all subcontractors there under to the extent that the design, development, operation or maintenance of a system of records as defined in the Privacy Act is involved. The following system of records will be applicable to this contract and made available to the Contractor:

Carrier Medicare Claims Record (CMC) System Record Number: 09-70-0501

Common Working File (CWF) System Record Number: 09-70-0526

Intern and Resident Information System (IRIS) System Record Number: 09-70-0524

Provider Enrollment Chain and Ownership System (PECOS) System Record Number: 09-70-0532

d. SECTION i – contract clauses, subSection I.1, FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998), is modified as follows:

1. Delete FAR Clause 52.228-7 Insurance – Liability to Third Persons (MAR 1996)

2. Addition of FAR Clause 52.242-2 Production Progress Reports (APR 1991)

E. SECTION J – LIST OF ATTACHMENTS, is revised as follows:

1. Attachment J.1, STATEMENT OF WORK, is hereby deleted and a revised J.1 STATEMENT OF WORK dated January 27, 2010, is hereby incorporated and provided as an attachment hereto.

2. Attachment J.2, DELIVERABLES SCHEDULE, is hereby deleted and a revised J.2, Deliverables Schedule, dated January 22, 2010, is hereby incorporated and provided as an attachment hereto.

3. Attachment J.5, GFP-GFI DME MAC was revised and an updated J.5 GFP-GFI DME MAC dated 01/27/2010 is provided as an attachment.

4. Attachments J.10 through J.16, COST PROPOSAL TEMPLATES, have been revised and are provided as an attachment hereto. Main revisions to the templates are as follows:

· Tab D.2, column D.2.6 Medicare Appeals System changed to Document Imaging.

· Tab D.5.3, column D.5.3.4 Provider Internet Portal was deleted.

· Added an ODC Schedule Tab.

· Removed Travel Tab

· Cost Proposal Templates are provided in Excel version 2003 (xls) and 2007 (xlsx).

Offerors have the choice of using either version of the revised Cost Proposal Templates provided in this amendment or may make the above changes to the original solicitation J.10 through J.16 Cost Proposal Templates. CMS will accept the Cost Proposal Templates in either Excel version.

5. Offerors may correct any errors related to formulas that are discovered in the use of these templates.

6. Attachment J.19, Implementation Handbook, is hereby deleted and a revised J.19 Implementation Handbook dated January 11, 2010, is provided as an attachment hereto.

F. SECTION K – REPRESENTATION, CERTIFICATIONS and OTHER STATEMENT OF OFFERORS OR QUOTERS, SUBSECTION K.4, FAR 52.204-8, Annual Representation and Certification (FEB 2009), is revised to correct a numbering/formatting error. As a result the section reads as follows:

K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 524114.

0. The small business size standard is $7 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in CCR, and has completed the Online Representations and Certifications Applications (ORCA) electronically, the Offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (c) applies.

[_] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause
Title
Date
Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

G. SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, is modified as follows:

1. SUBSECTION L.9, PROPOSAL SUBMISSION AND DELIVERY, is revised as follows:

The Offeror shall deliver to the address below on or before February 4, 2010 by 2:00 p.m. EST (local prevailing time):

2. SUBSECTION L.11.e, PROPOSAL ASSUMPTIONS, Change Requests, is deleted in its entirety and replaced with the following:

e. Change Requests and Joint Signature Memoranda/Technical Direction Letters

In Fiscal Year (FY) 2009, the CMS issued approximately 412 draft change requests (CRs) to Medicare Contractors, Shared System Maintainers (SSMs), and the Common Working File (CWF) Maintenance Contractor for review and comment. (This is otherwise known as the Point of Contact (POC) Review period, which is described in detail in section C.4, Participation in Change Management Process, of the SOW.) Approximately 400 of the draft CRs were issued in final for implementation. Approximately 68 percent of those issued CRs resulted in changes to the Shared Systems and the Common Working File.

(1) For proposal purposes only, Offerors shall assume that the estimated workload associated with reviewing and commenting on draft CRs is as follows:

(i) 475 draft CRs will be issued during the base Period of the contract for review and comment. DME MACs are required to review and comment on all draft CRs.

(2) For proposal purposes only, Offerors shall also assume that the estimated workload with implementing finalized issued CRs is as follows:

(i) CMS will issue in final 90 CRs annually that will require DME shared system changes.

(ii) CMS will issue in final 42 CRs annually that will not require DME shared system changes, but will have DME MAC impact.

(3) For proposal purposes only, Offerors shall assume that CMS will issue 125 Joint Signature Memoranda/Technical Direction Letters annually to DME MACs.

3. SUBSECTION L.15, VOLUME II – BUSINESS PROPOSAL ORGANIZATION, is deleted in its entirety and replaced with the following:

L.15 VOLUME II – BUSINESS PROPOSAL ORGANIZATION

(1) Volume IIA Business Proposal Cost Templates - (CD-ROM)

The Offeror’s business proposal cost Templates shall be organized as follows:

TAB A

Cost Templates, Attachments J-10 through J-16 Note: Cost Template instructions included with J-9

(2) Volume IIB – Written Business Proposal Narrative

The Offeror’s business proposal narratives shall be organized as follows:.

TAB A
Table of Contents
TAB B
Proposal Checklist
TAB C
Contract Form and Representation and Certifications
TAB D
Indirect Cost Rate Agreement and Rate History
TAB E
Organization Structure
TAB F
Other Narrative Information
TAB F.1
Business Proposal Assumptions
TAB F.2
Uncompensated Overtime
TAB F.3
Total Compensation Plan
TAB G
Subcontracts
TAB H
Equipment and Property
TAB I
Disclosure Statement
TAB J
Adequate Accounting and Estimating Systems
TAB K
Service Contract Act
TAB L
Responsibility Determination
TAB M
Small Business Subcontracting

4. SUBSECTION L.16, GENERAL BUSINESS PROPOSAL INSTRUCTION, VOLUME IIA – Business Proposal Cost Template Instructions, is revised to clarify paragraph 5, Indirect Rates. As a result this Subsection is deleted in its entirety and replaced with the following:

a. VOLUME IIA - Business Proposal Cost Template Instructions The business proposal cost spreadsheets must be readable.

The Offeror shall use the business proposal templates and instructions (Attachments J.9 through J.16) for all business proposal spreadsheet submissions. The business proposal spreadsheet templates indicate the levels of proposed costs that are to be provided to the extent that an Offeror’s accounting system is able to capture cost data for that particular section.

The business proposal spreadsheets shall be submitted for each CLIN, including options. The business proposal spreadsheets shall also be provided on CD-ROM (six (6) copies).

The Offeror shall use the business proposal spreadsheets for all pricing and include the following:

1. Labor for Prime and Subcontractors: Offeror shall provide labor rates for all labor categories that are expected to be used in the performance of the DME MAC contract. Such labor rates shall be projected for the base period and all option periods.

2. Travel: All travel costs proposed shall be reimbursed on a cost reimbursement basis in accordance with the Federal Travel Regulation (FTR). Offeror is required to submit a breakdown of proposed travel expenses consisting of the following: “From” and “To” cities, number, types and purpose of trips, number of travelers, duration of trip for each destination, mileage, per diem, air fare, and miscellaneous expenses. Offeror shall complete Attachment J.25 for each CLIN of the contract when submitting its travel detail.

3. Other Direct Costs (ODCs): These include materials, equipment, etc. The Offeror shall consolidate ODCs into one line item. However, a separate schedule should be provided to breakdown ODCs. The schedule shall provide a detailed itemization of each ODC.

4. Subcontracts: All proposed subcontractors shall submit complete business proposal spreadsheets in the same format as the Offeror’s business proposal spreadsheets. Subcontractors may submit business proposal spreadsheets showing the breakdown of costs to CMS in a separately sealed package.

5. Indirect Rates: The Offeror shall provide the indirect rates as applicable along with the relative percentages on the business proposal spreadsheets. For Business Proposal pricing purposes, your organization shall develop its proposed indirect rates for this proposal using your current business base and the award of the JA DME MAC contract only.

6. Fee: The Offeror shall provide each fee separately on the business proposal spreadsheets.

7. Summary Rollup of All Costs: In addition to the individual contract line item summaries the Offeror shall include a summary sheet inclusive of all costs.

8. Basis of Estimate (CD Only): To provide CMS with an understanding of the Offeror's basis of estimate, the offeror shall complete Attachment J.7, Basis of Estimate for the Base Period and Option Period One. The detailed instructions for this template are included in Attachment J.7. The Offeror shall complete and submit Attachment J.7 in excel format (2007 version).

5. SUBSECTION L.16.B Tab D, VOLUME IIB, WRITTEN BUSINESS PROPOSAL NARRATIVE INSTRUCTIONS, Indirect Cost Rate Agreement and Rate History, is deleted in its entirety and replaced with the following:

Tab D: Indirect Cost Rate Agreement and Rate History

1. The Offeror shall provide a rate history for indirect rates for the last two fiscal years. If they are not available or do not exist, a statement to this effect shall be made. The Contractor shall also provide a copy of any forward pricing rate agreements and government approved indirect cost rate agreements used in pricing herein.

2. If the Contractor has no prior history of government approved indirect cost rates, then support documentation consisting of; prior 2 years and a current year operating budget; and, a forecast covering the anticipated period of performance shall be submitted. The budget should also detail the indirect expenses and show the relationship of direct labor (or other indirect expenses allocation bases) to sales projections. (Source: DCAAP 7641.90)

3. Indirect Cost Rates: In accordance with FAR 42.707, entitled “Cost Sharing Rates and Limitations on Indirect Cost Rates,” CMS will establish indirect cost ceilings in the contract. The indirect cost ceilings will be established at 3% above the indirect rates negotiated prior to award.

Reimbursement will be limited to the negotiated indirect cost ceilings established in the contract. The Government has no obligation to pay any additional amount to the contractor should the final indirect cost rates exceed the negotiated ceilings as stated in the contract.

6. SUBSECTION L.16.B Tab F.1D, VOLUME IIB, WRITTEN BUSINESS PROPOSAL NARRATIVE INSTRUCTIONS, Business Proposal Assumptions, is deleted in its entirety and replaced with the following:

Tab F.1: Business Proposal Assumptions

Offerors shall provide all proposal assumptions for both its Technical (Volume I) and Business (Volume II) proposals in detail that are used in preparing their business proposal spreadsheet submission. The Offeror shall clearly mark each assumption as applying to either the Technical or Business Proposal. Assumptions should include rationale for all business proposal elements.

The business proposal narratives shall be used to support the business proposal spreadsheets (Volume IIA) and include, at a minimum, the following:

Labor:

· The Offeror’s proposed labor rates shall be supported with payroll information, letters of intent or salary survey information.

· If the labor rates are escalated, the Offeror shall provide rationale for the proposed escalation rate.

· The Offeror’s productive labor hours for exempt and non-exempt employees.

· The Offeror shall provide labor rationale by labor category and should describe how the basis of the hours was determined (e.g. historical data, technical experience, etc.).

Travel:

· The Offeror shall provide the basis of estimate and detailed rationale for all travel.

· The Offeror shall submit a copy of their corporate travel policy.

ODCs:

· The Offeror shall provide the basis of estimate and detailed rationale for each item of ODC.

Fee:

· The Offeror shall provide the basis of estimate and detailed rationale for all proposed fee. The Offeror shall also disclose if any fees are added to the subcontractors.

7. SUBSECTION L.16.B Tab J.b, VOLUME IIB, WRITTEN BUSINESS PROPOSAL NARRATIVE INSTRUCTIONS, Adequate Accounting and Estimating Systems, is revised to provide the correct edition of the DCAA publication as follows:

b. The schedule and detail prescribed in the Publication DCAAP 7641.90 dated January 2005, titled ‘Information for Contractors’ published by the Defense Contract Audit Agency. This publication is only a guide and the specific contractor’s situation must be used in preparing the Provisional Rate Package. Specific examples of the detail required are covered in Chapter 5 of the aforementioned document. Failure to comply with this requirement will result in the proposed provisional indirect rates being classified as “deferrable allowable cost” reimbursable pending validation of the indirect rates.

H. SECTION M – EVALUATION FACTORS FOR AWARD, is modified as follows:

1. Subsection M.2.c GENERAL PROCEDURES, Technical Evaluation, is deleted in its entirety and replaced with the following to delete the last sentence in the first paragraph:

c. Technical Evaluation

The Technical Evaluation Panel (TEP) will evaluate Volume I of the Proposal by applying the evaluation factors in Section M.4. Each technical proposal will be evaluated qualitatively and categorized using adjectival ratings in relation to the evaluation factors listed in Section M.4.

The TEP will evaluate the Offeror’s proposal against the following evaluation subfactors which are equal in order of importance:

1. Past Performance

2. Technical Understanding

2. Subsection M.4, CAPABILITIES DETERMINATION FOR AWARD AND PROPOSAL INSTRUCTIONS, is deleted in its entirety and replaced as follows:

M.4 CAPABILITIES DETERMINATION FOR AWARD AND PROPOSAL INSTRUCTIONS

The evaluation of the Offeror’s proposal will result in a three-level adjectival rating (Green, Yellow, and Red) to be evaluated based on a single capability determination (High Expectation of Successful Performance, Reasonable Expectation of Successful Performance, and Low Expectation of Successful Performance). The highest adjectival rating is Green and the lowest rating is Red.

This single overall rating – Offeror Capability – is comprised of two subfactors which are equal in order of importance:

1. Past Performance

2. Technical Understanding

The subfactors will be assigned an adjectival rating after consideration of all identified findings.

After scoring the subfactors, CMS will consider these factor adjectival ratings and findings to assign the single Capability Determination rating to the entire proposal.

a. Past Performance

In accordance with FAR 9.104-1, General standards, the Offeror must have a satisfactory performance record in order to be considered for award. See also FAR 9.104-3(b), Satisfactory Performance Record, and FAR 42.15, Contractor Performance Information. Past performance information will be used to assess both responsibility and to evaluate technical merit in accordance with FAR 15.305 and any requirements of this solicitation.

The evaluation of past performance will be based on the Offeror’s demonstrated ability, under contracts of a similar nature, scope, and complexity as the MAC contract to successfully meet the requirements of the SOW in this solicitation. The Government will consider the following four aspects of the subfactors:

1. Customer Service - The CMS may consider the Offeror’s demonstrated ability to maintain a high level of service and satisfaction to Medicare FFS providers/suppliers, and the Offeror’s demonstrated ability to effectively respond to provider/supplier inquiries and complex beneficiary inquiries about the Medicare program. The CMS may consider the Offeror’s demonstrated ability to maintain effective provider/supplier education that achieves accurate billing with prompt and correct provider/supplier payment, and the Offeror’s demonstrated ability to facilitate Medicare beneficiary healthcare through well-informed FFS providers/suppliers. The CMS may also consider the Offeror’s demonstrated ability to work collaboratively with CMS and its Business partners to foster integration of Medicare operations. Business partners include, but are not limited to: other Government entities (including, but not limited to, Congress), and other CMS contractors responsible for FFS benefit administration support activities (i.e., Qualified Independent Contractor (QIC), Zone Provider Integrity Contractor (ZPIC), Enterprise Data Center (EDC), and other contractors identified in the DME MAC SOW).

2. Financial Management – The CMS may consider the Offeror’s demonstrated ability to promote the fiscal integrity of Medicare FFS benefit administration and be an accountable steward of trust fund dollars. The CMS may also evaluate the Offeror’s demonstrated ability to process adjustments timely, accurately, and reliably.

3. Operational Excellence – The CMS may consider the Offeror’s demonstrated ability to promote corporate integrity, establish an effective organization alignment, establish internal controls, and effectively promote and manage its employees and information systems. The CMS may consider the Offeror’s demonstrated adherence to the contract schedule, including, but not limited to, transition/implementation activities and contract administration activities; the Offeror’s demonstrated compliance with contract requirements and standards (e.g. the Offeror’s demonstrated ability to pay claims timely, accurately, and reliably); and the Offeror’s demonstrated ability to control the administrative costs of the contract.

4. Innovations and Technology – The CMS may consider the Offeror’s demonstrated ability to foster efficiencies in the administration of the Medicare FFS program, and the Offeror’s demonstrated ability to use innovations and creative technological solutions to improve Medicare FFS program operations. The CMS may also consider the Offeror’s demonstrated ability to develop and continually refine business processes to foster excellence and quality in the administration of the Medicare FFS Program.

b. Technical Understanding

The evaluation of technical understanding will be based on the Offeror’s proposed approach, under Tab C (inclusive of all sub-tabs) and its oral presentation. The Government will consider the following aspects of the subfactors:

1. Customer Service - The CMS may consider the Offeror’s ability to maintain a high level of service and satisfaction to Medicare FFS providers/suppliers, and the Offeror’s ability to effectively respond to provider/supplier inquiries and complex beneficiary inquiries about the Medicare program. The CMS may consider the Offeror’s ability to maintain effective provider/supplier education that achieves accurate billing with prompt and correct provider/supplier payment, and the Offeror’s demonstrated ability to facilitate Medicare beneficiary healthcare through well-informed FFS providers/suppliers. The CMS may also consider the Offeror’s ability to work collaboratively with CMS and its Business partners to foster integration of Medicare operations. Business partners include, but are not limited to: other Government entities (including, but not limited to, Congress), and other CMS contractors responsible for FFS benefit administration support activities (i.e., Qualified Independent Contractor (QIC), Zone Provider Integrity Contractor (ZPIC), Enterprise Data Center (EDC), and other contractors identified in the DME MAC SOW).

2. Financial Management – The CMS may consider the Offeror’s ability to promote the fiscal integrity of Medicare FFS benefit administration and be an accountable steward of trust fund dollars. The CMS may also consider the Offeror’s ability to process adjustments timely, accurately, and reliably.

3. Operational Excellence – The CMS may consider the Offeror’s demonstrated ability to promote corporate integrity; establish an effective organization alignment; establish internal controls; effectively establish and manage its employees and infrastructure; and consistently implement information technology systems in order to maintain the confidentiality, integrity, and availability of Medicare system operations. The CMS may consider the Offeror’s demonstrated adherence to the contract schedule, including, but not limited to, transition/implementation activities and contract administration activities; the Offeror’s demonstrated compliance with contract requirements and standards (e.g. the Offeror’s demonstrated ability to pay claims timely, accurately, and reliably); and the Offeror’s demonstrated ability to control the administrative costs of the contract.

4. Innovations and Technology – The CMS may consider the Offeror’s ability to foster efficiencies in the administration of the Medicare FFS program, and the Offeror’s ability to use innovations and creative technological solutions to improve Medicare FFS program operations. The CMS may also consider the Offeror’s ability to develop and continually refine business processes to foster excellence and quality in the administration of the Medicare FFS Program.

I. The CMS responses to Offeror’s questions are provided as an attachment to this amendment.

All other terms and conditions of this solicitation remain unchanged.

Amendment Attachments DME MAC JA Solicitation Question Responses

Solicitation Attachments

J.1DME JA Statement of Work dated 01/27/2010
J.2DME JA Deliverables Schedule dated 01/22/2010
J.5GFP-GFI DME MAC dated 01/27/2010
J.10CLIN 0001 TEMPLATE IMPLEMENTATION, Ver. 2003 and 2007
J.11CLIN 0002 TEMPLATE BASE PERIOD, Ver. 2003 and 2007
J.12CLIN 0003 TEMPLATE OPTION PERIOD ONE, Ver. 2003 and 2007
J.13CLIN 0004 TEMPLATE OPTION PERIOD TWO, Ver. 2003 and 2007
J.14CLIN 0005 TEMPLATE OPTION PERIOD THREE, Ver. 2003 and 2007
J.15CLIN 0006 TEMPLATE OPTION PERIOD FOUR, Ver. 2003 and 2007
J.16CLIN 0007 TEMPLATE CLOSE OUT, Ver. 2003 and 2007
J.19Implementation Handbook dated 01/11/2010

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