RFP.docx

RFP-CMS-2010-0047

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.16 AUDIT OF HOURS

G.22 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

BUSINESSES

G.28 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

ACQUISITION REGULATIONS (HHSAR) INCORPORATED

BY REFERENCE 352.252-20

I.6 HHSAR 352.224-70 PRIVACY ACT

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

QUOTERS

TECHNOLOGY EIT) COMPLIANCE

SECTION M - EVALUATION FACTORS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The contractor shall perform services for the effort entitled, “Survey of Retail Prices; Payment and Utilization Rates; and Performance Rankings” in accordance with Section C., DESCRIPTION / SPECIFICATIONS/WORK STATEMENT.

B.2 TYPE OF CONTRACT

This is a Cost-Plus-Fixed-Fee contract.

B.3 ESTIMATED COSTS & FEE

The estimated cost of this contract is $TBD. The Fixed fee is $TBD. Total cost plus fixed fee is $TBD.

Base Period

TBD

TBD

TBD

Date of Award (est. 9/30/10) – September 29, 2011

Option Period 1

TBD

TBD

TBD

September 30, 2011 – September 29, 2012

Option Period 2

TBD

TBD

TBD

September 30, 2012 – September 29, 2013

Option Period 3

TBD

TBD

TBD

September 30, 2013 – September 29, 2014

Option Period 4

TBD

TBD

TBD

September 30, 2014 – September 29, 2015

B.4 OPTION PERIOD

a. At the unilateral option of CMS, this contract may be modified by the Contracting Officer giving written notice of the CMS’ intent to exercise the option period. Such notice shall be issued no later than sixty (60) days prior to the expiration date of the contract (this notice shall not be construed as an exercise of an option period, and would not bind CMS to exercise the option period.

b. CMS and the Contractor hereby agree that upon issuance of a contract modification to exercise an option period, the following revisions will be made to the contract schedule.

Option Period 1

1. Under Section F.2, "Period of Performance", the expiration date of this contract shall be extended from _______________ to ____________.

2. Section B.3. “Estimated Cost”, shall be revised to read:

The estimated costs is increased by $__________ from $__________ to $___________. The fixed fee is increased from $___________ to $______________. The total estimated cost plus fixed fee is increased by $_________ from $___________ to $___________.

Option Period 2

1. Under Section F.2, "Period of Performance", the expiration date of this contract shall be extended from _______________ to ____________.

2. Section B.3. “Estimated Cost”, shall be revised to read:

The estimated costs is increased by $__________ from $__________ to $___________. The fixed fee is increased from $___________ to $______________. The total estimated cost plus fixed fee is increased by $_________ from $___________ to $___________.

Option Period 3

1. Under Section F.2, "Period of Performance", the expiration date of this contract shall be extended from _______________ to ____________.

2. Section B.3. “Estimated Cost”, shall be revised to read:

The estimated costs is increased by $__________ from $__________ to $___________. The fixed fee is increased from $___________ to $______________. The total estimated cost plus fixed fee is increased by $_________ from $___________ to $___________.

Option Period 4

1. Under Section F.2, "Period of Performance", the expiration date of this contract shall be extended from _______________ to ____________.

2. Section B.3. “Estimated Cost”, shall be revised to read:

The estimated costs is increased by $__________ from $__________ to $___________. The fixed fee is increased from $___________ to $______________. The total estimated cost plus fixed fee is increased by $_________ from $___________ to $___________.

B.5 WITHHOLDING OF CONTRACT PAYMENTS (APR 1984) HHSAR Clause

352.242-73 (JAN 2006)

Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled "Excusable Delays" or "Default", as applicable. The Government will immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

Independently, and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities not otherwise provided by the Government, as needed to perform this Statement of Work.

The Contractor shall perform the services in Attachment J.1.

SECTION D PACKAGING AND MARKING

D.1 PACKAGING, AND MARKING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/.

E.2 INSPECTION AND ACCEPTANCE

a. All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the fully authorized representative of the Government.

b. The Government’s COTR is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items to be delivered under this contract.

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

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

All items to be delivered to the COTR will be deemed to have been approved 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been given within such period. The COTR’s approval or revision to the items submitted shall be within the general scope of work stated in this contract.

E.4 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT(APR 1984)

Incorporated by reference

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/.

· 52.242-15 Stop Work Order (August 1989)

F.2 PERIOD OF PERFORMANCE

Refer to Sections B.3 and B.4.

F.3 DELIVERY SCHEDULE

The Contractor shall furnish reports & deliverables required under this contract in accordance with the Deliverable Schedule (see Attachment J-2).

F.4 ACCEPTANCE OF DELIVERABLES

Representative (COTR) to determine their technical acceptance. The COTR will respond within 30 days from receipt of any contract deliverable indicating if final acceptance has been granted. If deficiencies in the Contractor’s deliverables are identified the COTR shall provide feedback to the Contractor prior to the 30-day timeframe for final acceptance. If the Contractor does not receive an indication from the COTR within 30 days, the Contractor shall consider the deliverable to be accepted.

F.5 52.242-15 STOP-WORK ORDER (AUG 1989)

Incorporated by reference

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

xxx x xxx

G.2 INVOICING (COST REIMBURSEMENT)

a. Submission of Invoices and Place of Payment

(1) Once each month following the effective date of this contract, the Contractor may submit to the Government an invoice (or public voucher) for payment, in accordance with FAR Clause 52.216-7 "Allowable Cost & Payment." Invoices shall be prepared in accordance with the "Billing Instructions" attached hereto and made a part of this contract. The Government shall make provisional payments on all invoices pending the completion of a final audit of the Contractor's cost records.

(2) To expedite payment, invoices shall be sent, as follows:

(a) Monthly invoices (original and four copies) shall be sent per "Billing Instructions" directly to the address below (where applicable, the Contractor shall submit the invoice to said office via the cognizant government auditor):

Department of Health and Human Services Centers for Medicare & Medicaid Services

P.O. BOX 7520

7500 Security Boulevard Baltimore, Maryland 21207-0520

(b) Content of Invoice (If Applicable):

- Contractor's name and invoice date;

- Contract number of other authorization for delivery of property and/or services;

- Description, cost or price, and quantity of property and/or services actually delivered or rendered;

- Shipping and payment terms;

- Other substantiating documentation or information as required by the contract; and

- Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

G.3 PAYMENT (COST RIEMBURSEMENT)

(1) In accordance with FAR 52.232-33, the Centers for Medicare and Medicaid Services (CMS) shall only make an electronic reimbursement/payment.

In accordance with FAR 52.204-7, the contractor must register in the Central Contractor Registration (CCR) database. Failure to register in CCR may prohibit CMS from making awards to your organization.

The contractor shall notify CMS' Division of Accounting Operations of all EFT and address changes in CCR via the following email address: CCRChanges@cms.hhs.gov

(2) The target date for payment pursuant to the provision of FAR Clause, 52.216-7 "Allowable Cost and Payment" of this contract shall be 30 calendar days after an invoice containing the information set forth in Paragraph "a" of this article is received in the payment office designated herein.

(3) Upon receipt of the Contractor's "completion invoice" in the payment office designated in Paragraph "a" of this article, payment of any remaining cost and fee determined to be allowable pursuant to the provisions of FAR Clause, 52.216-7 "Allowable Cost and Payment" of this contract shall be due 30 calendar days after the Contracting Officer approves the "completion invoice" for payment.

(4) Payment shall be authorized after the Division of Accounting has audited the invoice in accordance with Federal Regulations. This audit includes verification that the invoice contains the rates/unit prices, those indicated in the contract or purchase order. Any discrepancies determined as a result of the audit, could delay the processing of the invoice and may result in the invoice being returned to the vendor for correction. Inquiries relating to payments should be directed to

G.4 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

___________ is hereby designated as the COTR. The COTR responsibilities shall include continuous overall monitoring of the Contractor’s compliance with all substantive project objectives. Specific duties and responsibilities are identified in G.5, Technical Direction.

The following COTR will represent the Government, for the purpose of this contract:

Ms. Teresa HHS/CMS/Center for Medicare Management Email: Teresa.Mundell@cms.hhs.gov Phone: (410) 786-9176 Mail Stop: C4-01-26

The COTR is responsible for (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction in accordance with Section G-5 entitled, “Technical Direction”; and (7) reviewing of invoices/vouchers.

The COTR does not have the authority to act as an agent of the Government, under this contract. Only the Contracting Officer has authority to (1) direct and/or negotiate changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor of any costs incurred during performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its COTR designation. Government Task Leaders (GTL’s) may assist the COTR. The GTL’s will not have the authority to provide technical direction in accordance with Section G-5, entitled, “Technical Direction”, however, they may be responsible for:

monitoring the Contractor’s technical progress, including surveillance and assessment of performance and compliance with all substantive project objectives interpreting the statement of work and any other technical performance requirements performing technical evaluation as required performing technical inspections and acceptances required by the contract assisting in the resolution of technical problems encountered during performance; and reviewing of invoices/vouchers.

G.5 TECHNICAL DIRECTION

a. Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "technical direction" is defined to include, without limitation, the following:

- Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

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

- Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

b. Technical direction must be within the general Statement of Work stated in the contract. The COTR does not have the authority to and may not issue any technical directions which:

(1) Constitutes an assignment of additional work outside the general Statement of Work of the contract.

(2) Constitutes a change as defined in the FAR contract clause entitled:

52.243-2 Changes - Cost-Reimbursement. (AUG 1987) - Alternate I APR 1984

(3) In any manner cause an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance.

(4) Change any of the expressed terms, conditions, or specifications of the contract.

c. All technical direction shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance.

d. The Contractor shall proceed promptly with the performance of technical direction duly issued by the COTR in the manner prescribed by this article and within his/her authority under the provisions of this article.

e. If, in the opinion of the Contractor, any instruction or direction issued by the COTR is within one of the categories as defined in b(l) through b(4) above, the Contractor shall not proceed but shall notify the Contracting Officer in accordance with FAR 52.243-7, Notification of Changes.

G.6 CONTRACTING OFFICER RESPONSIBILITY

In accordance with FAR 52.201-1 Definitions, The term Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority delegated by the Contracting Officer.

Notwithstanding any of the other provisions of this Contract, the Contracting Officer shall be the ONLY individual authorized to:

a. enter into and commit/bind the Government by contract for supplies or services;

b. accept nonconforming work or waive any requirement of this Contract;

c. authorize reimbursement to the Contractor for any costs incurred during the performance of the Contract, and

d. modify any term or condition of this Contract, i.e., make any changes in the Statement of Work; modify/extend the period of performance; change the delivery schedule.

G.7 PROJECT DIRECTOR/PROJECT MANAGER

will serve as Project Director/Project Manager. It will be his responsibility to obtain the staff necessary and to direct the work for the conduct of this project. The Government reserves the right to approve any necessary successor to be designated as Project Director/Project Manager.

G.8 HHSAR 352.242-70 KEY PERSONNEL

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The following individuals are considered key personnel under this contract:

G.9 WORKING PAPERS

The Contractor shall provide, at the request of the Contracting Officer, all the working papers used by the participating officials and employees of the Contractor in connection with this project.

G.10 DATA TO BE DELIVERED

a. Any working papers, interim reports, data given by the Government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer.

b. In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered “PROPRIETARY DATA” and are not subject data to be delivered under this contract.

G.11 INDIRECT COST RATES APPLICATION

a) Pursuant to the provisions of FAR 52.216-7 entitled "Allowable Cost & Payment," indirect costs under this contract shall be obtained by applying the final negotiated indirect cost rates to the appropriate bases.

(b) Pending establishment of final negotiated indirect cost rates for any contractor fiscal year period under this contract, reimbursement shall be made on the basis of the provisional and/or ceiling rates set forth in the table below. Under no circumstances shall the reimbursement for indirect costs exceed the cost for applying the ceiling rates.

(c) Final indirect cost rate proposals shall be submitted to the Contracting Officer at:

Centers for Medicare and Medicaid Services Office of Acquisition and Grants Management Acquisition and Grants Group Division of Research Contracts and Grants Attn: Evelyn R. Dixon Contracting Officer, Mailstop C2-21-15 7500 Security Boulevard Baltimore, Maryland 21244-1850

(d) In the event that the final indirect rate proposal is submitted to the cognizant Federal audit agency, the Contractor shall advise the Contracting Officer, in writing, when and to whom it was submitted.

(A)

(B)

(C)

(D)

(E)

Base Notes:

(A) applied to:

(B) applied to:

(C) applied to:

(D) applied to:

(E) applied to:

G.12 SERVICE OF CONSULTANTS

a. Except as may otherwise be expressly provided elsewhere in this contract, prior written approval of the Contracting Officer for utilization of consultants shall be required. Whenever Contracting Officer approval is required, the Contractor shall furnish to the Contracting Officer information concerning the need for such consultant services and the reasonableness of the fees to be paid to any consultants.

b. For utilization of the services of any consultants under this contract, the contractor shall be reimbursed in accordance with the rate(s) set forth below. If not identified below, the contractor shall be reimbursed for utilization of consultant services at a rate determined to be reasonable and appropriate for the services, exclusive of travel costs.

G.13 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

a. Data and information either provided to the Contractor, or to any subcontractor or generated by activities under this contract or derived from research or studies supported by this contract, shall be used only for the purposes of the contract. It shall not be duplicated, used or disclosed for any purpose other than the fulfillment of the requirements set forth in this contract. This restriction does not limit the contractor's right to use data or information obtained from a non-restrictive source. Any questions concerning "privileged information" shall be referred to the Contracting Officer.

b. Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings which could create erroneous conclusions are not stimulated. Also, some data or information, which relate to policy matters under consideration by the Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate, within the government, of possible policy options is not damaged.

c. Any questions about use or release of the data or information or handling of material under this contract, shall be referred to the Contracting Officer who must render a written determination. The Contracting Officer's determinations will reflect the results of internal coordination with appropriate program and legal officials.

d. Written advance notice of at least forty-five (45) days shall be provided to the Contracting Officer of the Contractor's desire to release findings of studies or research or data or information described above. If the Contractor disagrees with the Contracting Officer's determination, and if this disagreement cannot be settled by the Contractor and the Contracting Officer in a mutually satisfactory manner, then the issue will be settled pursuant to the "Disputes" clause.

e. Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the COTR before dissemination, publication, or distribution. Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. This does not apply to information that would be available under the Federal Freedom of Information Act.

f. The COTR review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending material is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated.

g. If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the COTR shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COTR may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation.

h. The Contractor agrees to acknowledge support by HCFA whenever reports of projects funding, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgement substantially, as follows:

"The analyses upon which this publication is based were performed under Contract Number [ ], entitled, "[ ]," sponsored by the Centers for Medicare and Medicaid Services, Department of Health and Human Services."

Any deviation from the above legend shall be approved, in writing, by the CO.

G.14 TRAVEL COSTS

Costs incurred for lodging, meals and incidental expenses shall be considered to be reasonable, allowable and allocable under this contract only to the extent that they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the latest Federal Travel Regulations. The full text of the Federal Travel Regulations may be accessed electronically at this address: http://www.doi.gov/pfm/oden/toc.html.

G.15 PROPERTY ADMINISTRATION

The CMS Contract Property Administrator, Property and Distribution Management Section, Division of General Services, 7500 Security Blvd., Baltimore, Md. 21244, is hereby designated the property administration function for this contract. The Contractor agrees to furnish information regarding Government Property to the Property Administrator in the manner and to the extent required by the Property Administrator, his duly designated successors, and in accordance with FAR Part 45 and DHHS Manual entitled, Contractor's Guide for Control of Government Property, (1990).

If equipment is procured in order to provide services, CMS will retain title to the equipment. CMS must be notified as part of the itemized billing arrangement if there is an equipment acquisition, included in the cost of the contract.

All original tapes, video, CD ROM's, manual, brochures, pamphlets shall remain the property of the CMS. The contractor shall provide to CMS all final, complete and editable web-based training course files.

If equipment is procured in the performance of this contract, CMS will retain title to the equipment. CMS must be notified as part of the itemized billing arrangement if there is an equipment acquisition, included in the cost of the contract.

G.16 AUDIT OF HOURS

a. In addition to the examination of costs, as detailed in FAR Clause No. 52.215-2 entitled "Audit and Records-Negotiation," the Contracting Officer or his representatives will have the right to examine all books, records, documents and other data of the Contractor relating to this contract for the purpose of evaluating the accuracy and completeness of the hours which the Contractor has recorded on his invoices as expended toward satisfaction of the requirements of this contract.

b. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction until:

(1) The expiration of three (3) years from the date of final payment under this contract,

(2) the expiration of three (3) years from the date of final settlement resulting from a termination or a partial termination of this contract.

G.17 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices), submitted under this contact shall be subject to the following procedures:

a. Technical Correspondence - Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the COTR with an informational copy of the basic correspondence to the Contracting Officer.

b. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer, in duplicate, with an informational copy of the basic correspondence to the COTR.

c. Subject Lines - All correspondence shall contain a subject line, commencing with the contract number as illustrated below:

EXAMPLE: Contract No. HHSM-500-2010-0000XX Request for Subcontract Consent

G.18 FACILITIES CAPITAL COST OF MONEY

When facilities capital cost of money (cost of capital committed to facilities) is included as an item of cost in the contractor's proposal, a reduction in the profit objective shall be made in an amount equal to the amount of facilities capital cost of money allowed in accordance with the Facilities Capital Cost-of Money Cost Principal.

If the contractor does not propose this cost, facilities capital cost of money is not an allowable cost.

G.19 SUBCONTRACT CONSENT

To facilitate the review of proposed subcontracts, the Contractor shall include the information required by the FAR Clause 52.244-2 entitled, "Subcontracts".

In all other instances the Contractor shall submit its request for subcontracting consent to the Contracting Officer. The Contracting Officer shall consult with the COTR and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

G.20 USE OF GOVERNMENT – DATA (REPORTS/FILES/COMPUTER TAPES OR DISKETTES)

Any data given to the Contractor by the Government shall be used only for the performance of the contract unless the Contracting Officer specifically permits another use, in writing. Should the Contracting Officer permit the Contractor the use of Government-supplied data for a purpose other than solely for performance of this contract and, if such use could result in a commercially viable product, the Contracting Officer and the Contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form of a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines is adequate compensation for the use of these data.

Upon the request of the Contracting Officer, or the expiration date of this contract, whichever shall come first, the Contractor shall return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the data be retained by the Contractor for a specific period of time, which period shall be subject to agreement by the Contractor. Whether the data are to be returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the Contractor may refuse to retain the data. The Contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the Contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.

G.21 ESRS REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

G.22 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim, annual, and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. At the discretion of the Contracting Officer, interim evaluations should be considered. Annual evaluations shall be prepared to coincide with the anniversary date of the contract.

A copy of all evaluations should be provided to the Contractor as soon as practicable after completion of the annual and final evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to the Deputy Director, Acquisition and Grants Group, whose decision will be final.

Copies of the evaluation, contractor responses, and review comments, if any, will be retained as part of the contract file, and will be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address: https://cpscontractor.nih.gov.

To register, simply logon and click on the “Register Here” link. This site provides instructions on how to register and offers computer-based training for contractors through the “CPS Contractor On-Line Training” hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered contractors for review 30 days from the date the evaluation is sent.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

G.23 GOVERNMENT PRINTING OFFICE (GPO)

Printing will be performed in accordance with the Government Printing Office (GPO) Style Manual, 29th Edition (2000), United States Government Printing Office, Washington, DC.

The acquisition of printing and high volume duplicating by contract is prohibited unless it is authorized by the Joint Committee on Printing of the U.S. Congress. Procedures to be followed are contained in the "Government Printing and Binding Regulations" and the HHS Printing Management Manual and FAR subpart 8.8.

8.802 Policy.

(a) Government printing must be done by or through the Government Printing Office (GPO ) (44 U.S.C. 501), unless -

(1) The GPO cannot provide the printing service (44 U.S.C. 504);

(2) The printing is done in field printing plants operated by an executive agency (44 U.S.C. 501(2));

(3) The printing is acquired by an executive agency from allotments for contract field printing (44 U.S.C. 501(2)); or

(4) The printing is specifically authorized by statute to be done other than by the GPO .

(b) The head of each agency shall designate a central printing authority; that central printing authority may serve as the liaison with the Congressional Joint Committee on Printing (JCP) and the Public Printer on matters related to printing. Contracting officers shall obtain approval from their designated central printing authority before contracting in any manner, whether directly or through contracts for supplies or services, for the items defined in 8.801 and for composition, platemaking, presswork, binding, and micrographics (when used as a substitute for printing).

(c)(1) Further, 44 U.S.C. 1121 provides that the Public Printer may acquire and furnish paper and envelopes (excluding envelopes printed in the course of manufacture) in common use by two or more Government departments, establishments, or services within the District of Columbia, and provides for reimbursement of the Public Printer from available appropriations or funds. Paper and envelopes that are furnished by the Public Printer may not be acquired in any other manner.

(2) Paper and envelopes for use by Executive agencies outside the District of Columbia and stocked by GSA shall be requisitioned from GSA in accordance with the procedures listed in Federal Property Management Regulations (FPMR) Subpart 101-26.3.

G.24 METHOD OF PAYMENT

In accordance with FAR 52.204-7, the Contractor must register in the Central Contractor Registration (CCR) Database, and maintain all information as most current. Failure to register in CCR, or allowing registration to expire, may prohibit CMS from making awards to your organization.

G.25 DESIGNATION OF PROPERTY ADMINISTRATOR

1. Pursuant to FAR Part 45 – Government Property 52.245-1, of this Contract, the Contractor is hereby authorized to purchase the following equipment for use under this contract. It is understood and agreed, that title to all such equipment shall vest in the Government:

Property Identified: None

2. The Contractor is responsible for an annual physical inventory accounting for all Government property under this contract. The inventory must be conducted by September 30th and the form 565 Report of Accountable Personal Property submitted by October 31st of each year.

The inventory report shall include all items acquired, furnished, rented or leased under the contract and shall include subcontractor inventory information as well. Employees who conduct the inventories should not be the same individuals who maintain the property records. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Property Administrator at the following address (with courtesy copy to the CMS Contracting Officer):

Centers for Medicare & Medicaid Services OOM, Administrative Services Group Division of Property and Space Management 7500 Security Boulevard, MS SLL-14-06 Baltimore, Maryland 21244-1850

Commercially leased software is subject to these reporting requirements.

Upon contract performance completion, a comprehensive physical inventory of all Government property shall be performed and reported IAW above. The final inventory report shall indicate all items required for continued CMS contract performance (if applicable), and are of acceptable quality. Property which is no longer usable, or required for continuing CMS contract performance shall be reported as such and shall be reported, along with condition, with CMS disposition requested.

G.26 SUBCONTRACT REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. Due dates are Apr 30 and Oct 31. The Summary Subcontracting Report (SSR), SF 295, shall be submitted annually for the period of October 1 through September 30; Due date Oct 31.

Calendar Period

Report due

Date due in eSRS

10/01--03/31

SF 294

04/30

04/01--09/30

SF 294

10/31

10/01--09/30

SF 295

10/31

G.27 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED BUSINESSES

The subcontracting plan submitted for work under this contract with small, disadvantaged, woman-owned, HUBZone, veteran owned, and services-disabled veteran-owned small business concerns, shall be approved by the Contracting Officer and incorporated as Attachment J.6 of this contract and made a part hereof. Contractors should strive to achieve the following Dept. of Health and Human Services minimum small business utilization goals when developing its small business subcontracting plan:

G.28 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS

The Contractor’s Representations and Certifications have been completed in accordance with FAR 52.204-8.

The Contractor’s Representations and Certifications (Attachment TBD) are hereby incorporated by reference and made a part of this contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.201-70 PAPERWORK REDUCTION ACT (JAN 2006)

(a) This contract involves a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) shall apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Technical Representative shall be guided by the provisions of 5 CFR Part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.

(b) The Contractor shall not expend any funds or begin any data collection until OMB Clearance is received. Once OMB Clearance is received from the Contracting Officer's Technical Representative, the Contracting Officer shall provide the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor shall allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.

H.2 CONDITIONS FOR PERFORMANCE

In addition to the performance requirements of this contract as set forth under Section C, the Contractor may be required to comply with the requirements of any revisions in legislation or regulations which may be enacted or implemented during the period of performance of this contract, and are directly applicable to the performance requirements of this contract.

Such legislative or regulatory requirements shall become a part of this contract only through an execution of a contract modification by the contracting officer. The contractor will be consulted and participate in negotiations to effect an equitable adjustment to the contract.

H. 3 HIPAA BUSINESS ASSOCIATE PROVISION II

Definitions:

All terms used herein and not otherwise defined shall have the same meaning as in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA," 42 U.S.C. sec. 1320d) and the corresponding implementing regulations. Provisions governing the Contractor's duties and obligations under the Privacy Act (including data use agreements) are covered elsewhere in the contract.

"Business Associate'' shall mean the Contractor. “Covered Entity” shall mean CMS' Medicare Fee for Service program and/or Medicare's Prescription Drug Discount Care and Transitional Assistance Programs.

"Secretary" shall mean the Secretary of the Department of Health and Human Services or the Secretary's designee.

Obligations and Activities of Business Associate

(a) Business Associate agrees to not use or disclose Protected Health Information ("PHI"), as defined in 45 C.F.R. § 160.103, created or received by Business Associate from or on behalf of Covered Entity other than as permitted or required by this Contract or as required by law.

(b) Business Associate agrees to use safeguards to prevent use or disclosure of PHI created or received by Business Associate from or on behalf of Covered Entity other than as provided for by this Contract. Furthermore, Business Associate agrees to use appropriate administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information ("EPHI"), as defined in 45 C.F.R. 160.103, it creates, receives, maintains or transmits on behalf of the Covered Entity to prevent use or disclosure of such EPHI.

(c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Contract.

(d) Business Associate agrees to report to Covered Entity any use or disclosure involving PHI it receives/maintains from/on behalf of the Covered Entity that is not provided for by this Contract of which it becomes aware. Furthermore, Business Associate agrees to report to Covered Entity any security incident involving EPHI of which it becomes aware.

(e) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Contract to Business Associate with respect to such information. Furthermore, Business Associate agrees to ensure that its agents and subcontractors implement reasonable and appropriate safeguards for the PHI received from or on behalf of the Business Associate.

(f) Business Associate agrees to provide access, at the request of Covered Entity, to PHI received by Business Associate in the course of contract performance, to…