RFP-CMS-2015-150741.pdf

Maintenance and Oversight Support of the CMS Data Element Library RFP-CMS-2015-150741

Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

B.2 TYPE OF CONTRACT

B.3 ESTIMATED COST-PLUS-FIXED FEE (CPFF)

B.4 WITHHOLDING OF FEE

SECTION C – STATEMENT OF WORK/SERVICES

SECTION D – PACKING AND MARKING

D.1 PACKING, MARKING AND SHIPPING

SECTION E – INSPECTION AND ACCEPTANCE

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

E.2 INSPECTION AND ACCEPTANCE

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

……………………………………………………………………………………………10

SECTION F – DELIVERABLES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION

G.1 ACCOUNTING INFORMATION

G.2 PAYMENTS – VOUCHERS (COST REIMBURSEMENT CONTRACTS) (AUG 2013)

G.3 CONTRACTING OFFICER (CO)

G.4 CONTRACT SPECIALIST (CS)

G.5 CONTRACTING OFFICERS REPRESENTATIVE (COR)

G.6 TECHNICAL DIRECTION

G.7 CONTRACTING OFFICER (CO) RESPONSIBILITY

G.8 CORRESPONDENCE PROCEDURES

G.9 SUBCONTRACT/CONSULTANT CONSENT

G.10 PROPERTY ADMINISTRATION

G.11 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

G.12 DUSE OF [GOVERNMENT] DATA (REPORTS/FILES/COMPUTER PAPERS OR

DISCS)

G.13 SECURITY CLAUSE – BACKGROUND INVESTIGATIONS FOR CONTRACTOR

PERSONNEL

G.14 Work Performed Outside the United States and its Territories

G.15 INDIRECT COST RATES (SEP 2014)

G.16 PAYMENT SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS

G.17 ANNUAL WAGE DETERMINATIONS

G.18 DATA TO BE DELIVERED

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONFLICT OF INTEREST

H.2 HHSAR 352.242-70 KEY PERSONNEL (JAN 2006)

H.3 HHSAR 352.224-70 PRIVACY ACT (JAN 2006)

H.4 HIPPA BUSINESS ASSOCIATE CLAUSE (SEPT 2013)

H.5 SECTION 508 – ACCESSIBILITY OF ELECTRONIC AND INFORMATION

TECHNOLOGY

H.6 REHABILITATION ACT, SECTION 508, ACCESSIBILITY STANDARDS

H.7 CMS INFORMATION SECURITY (APR 2013)

H.9 FOOD COSTS

H.10 NOTICE OF NON-ALLOWABILITY OF COSTS FOR GENERAL PURPOSE OFFICE

EQUIPMENT

SECTION I - CONTRACT CLAUSES

I.1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

I.2 HHSAR 352-252-20 DEPARTMENT OF HEALTH AND HUMAN SERVICES

ACQUISITION REGULATIONS (HHSAR)

I.3 DEFINITIONS HHSAR 352.202-1 (JAN 2006)

I.4 APPROVAL OF CONTRACT FAR 52.204-1 (DEC 1989)

I.5 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS FAR 52.204-19 (DEC 2014)

I.6 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS FAR 52.209-9 (JUL 2013)

I.7 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.8 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.9 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

I.10 FAR 52.232-99, PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)

I.11 ALTERATIONS IN CONTRACT FAR 52.252-4 (APR 1984)

I.12 AUTHORIZED DEVIATIONS IN CLAUSES FAR 52.252-6 (APR 1984)

I.13 WITHHOLDING OF CONTRACT PAYMENTS HHSAR 352.242-73 (JAN 2006) .. 58

SECTION J - LIST OF ATTACHMENTS

J.1 Subcontract Consent Form

J.2 DOL Wage Determination (TBD)

J.3 Code of Business Ethics and Conduct Attestation

J.4 Past Performance Questionnaire

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

K.1 COMPLETED BY THE OFFEROR: [THE REPRESENTATIONS AND

CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL AUTHORIZED TO

BIND THE OFFEROR.]

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FAR 52.204-8 (DEC 2014)

K.3 PART IV - REPRESENTATIONS AND INSTRUCTIONS (FINANCIAL

INFORMATION)

K.4 INFORMATION REGARDING RESPONSIBILITY MATTERS FAR 52.209-7 (JUL 2013)

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

……………………………………………………………………………………………….69

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FAR 52.252-1

(FEB 1998)

L.2 RESPONSIBLE PROSPECTIVE CONTRACTOR SUBMISSION

L.3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (JAN

2004)

L.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 SOLICITATION QUESTIONS

L.7 NAICS CODE AND SMALL BUSINESS SIZE STANDARD

L.8 GENERAL INSTRUCTIONS

L.9 COMMUNICATION PRIOR TO CONTRACT AWARD

L.10 PROPOSAL DELIVERY

L.11 GENERAL PROPOSAL INSTRUCTIONS

L.12 TECHNICAL PROPOSAL INSTRUCTIONS

L.13 BUSINESS PROPOSAL INSTRUCTIONS

L.14 CONFLICT OF INTEREST PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL

M.3 EVALUATION FACTORS

M. 3 EVALUATION FACTORS FOR AWARD

M. 4 AWARD/SELECTION PROCESS FOR COMPETITIVE PROPOSALS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The purpose of this contract is to maintain and update CMS’s publically available assessment data element library, the CMS Data Element Library and to support the Library’s oversight council, the CMS Assessment Library Data Council. These services are needed to maintain and update CMS’s publically available assessment data element Library which are being implemented to serve CMS and the public as a centralized repository and resource for the various CMS assessment tools’ data elements and their associated health information technology (HIT) standards. The intent is for the Library to aide in CMS’s efforts toward ensuring data element uniformity and to aide in the acceleration of long-term and post-acute care provider adoption of HIT and health information exchange and the interoperability of data through the use of uniform assessment data elements.

This contract is specified to include the ongoing maintenance of CMS’s assessment-based data element inventory, and its associated relational data base, in accordance with CMS’s standards and guidelines for the hosting of the electronic Library in the CMS environment. The services are to ensure that stakeholders have access to a viable product that meets both CMS’s needs related to data element inventory, and the public’s need for up-to-date standards and relational mappings. Further, this project is to obtain services to support the Library’s oversight council, the CALDC. The Contractor will serve in the CMS Assessment Library Data Council’s (CALDC’s) “Governance Support Team” and “Librarian” roles.

B.2 TYPE OF CONTRACT

The Government contemplates award of a Cost-Plus-Fixed Fee (CPFF). This effort is a small business set-aside.

(1) The North American Industry Classification System (NAICS) code for this acquisition is 541512.

(2) The small business size standard is $27.5 million.

B.3 ESTIMATED COST-PLUS-FIXED FEE (CPFF)

The Contractor shall be paid on a monthly basis upon its submission of complete and acceptable voucher/invoices. The fixed-fee portion of the effort shall be divided equally between each of the 12 months of the base year.

A. Base Period, TBD The total estimated cost of this contract is $TBD. The fixed fee is $TBD. The total estimated cost plus fixed fee of this contract is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Month Payment/Month Total

TBD TBD TBD

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

If the Government elects to exercise its options (refer to Section I, FAR 52-217-9) option periods shall be funded by modification(s) to this contract signed by the Contracting Officer.

A. Option I, TBD The parties hereto agree that upon issuance of a modification exercising Option I, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The total fixed fee of this option is $TBD. The total cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Month Payment/Month Total

TBD TBD TBD

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

B. Option II, TBD The parties hereto agree that upon issuance of a modification exercising Option II, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The total fixed fee of this option is $TBD. The total cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Month Payment/Month Total

TBD TBD TBD

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

C. Option III, TBD The parties hereto agree that upon issuance of a modification exercising Option III, the following consideration shall be made to the contract schedule.

The total estimated cost of this option is $TBD. The total fixed fee of this option is $TBD. The total cost plus fixed fee of this option is $TBD.

The Contractor shall be paid the fixed fee in accordance with the following schedule:

Month Payment/Month Total

TBD TBD TBD

Payment of withholding (15% or $100,000 whichever is less) to be made in the final invoice, upon completion of close-out audit.

B.4 WITHHOLDING OF FEE

In accordance with FAR 52.216-8, entitled "FIXED FEE:"

a) The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule.

b) Payment of the fixed fee shall be made as specified in the Schedule, provided that after payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less.

SECTION C – STATEMENT OF WORK/SERVICES

The Statement of Work is provided as Attachment 1 of this RFP.

SECTION D – PACKING AND MARKING

D.1 PACKING, MARKING AND SHIPPING

All deliverables shall be marked clearly using the contract number and shall follow any directions provided in Section F.2, Deliverable Schedule. All deliverables required under this contract shall be packaged, marked and shipped in accordance with the Statement of Work, and any additional requirements set forth by the Contracting Officer Representative in concert with the Contracting Officer. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E – INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

52.246-5 Inspection of Services – Cost Reimbursement (April 1984)

E.2 INSPECTION AND ACCEPTANCE

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

b. The Government's COR 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 ACCEPTANCE BY THE CONTRACTING OFFICER’S REPRESENTATIVE

(COR)

All items to be delivered to the COR who will be deemed to have been accepted 45 calendar days after the date of delivery, except as otherwise specified in this contract if written approval or disapproval has not been given within such period. The COR’s acceptance or revision to the items submitted shall be within the general scope of the work stated in this contract.

SECTION F – DELIVERABLES OR PERFORMANCE

The Schedule of Deliverables is provided as Attachment 2 of the RFP.

SECTION G – CONTRACT ADMINISTRATION

G.1 ACCOUNTING INFORMATION

Requisition Number CAN Number

Appropriation Number

Object Class Amount

TBD

G.2 PAYMENTS – VOUCHERS (COST REIMBURSEMENT CONTRACTS) (AUG

2013)

a. GENERAL: The Contractor may submit to the Government a voucher or Standard Form

1034, Public Voucher for Purchases and Services Other Than Personal, for payment in accordance with the instructions below.

b. METHOD OF PAYMENT: CMS shall only make an electronic payment for reimbursement of voucher submissions in accordance with FAR 52.232-33, Payments by Electronic Funds Transfer – System for Award Management. In order to receive payments, the contractor shall register in the System for Award Management (SAM) database in accordance with FAR 52.204-7 System for Award Management. Failure to register in the SAM may prohibit CMS from making payments to your organization.

ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all EFT and address changes in SAM via the following email address:

CCRChanges@cms.hhs.gov.

c. CONTENT OF VOUCHER - Vouchers shall include, at a minimum:

• Contractor’s name and address

• Contractor’s Tax Identification Number (TIN)

• Contractor’s DUNS Number

• Voucher Number to include the designation of the Contract Payment Category Type as follows:

• Contract Payment Category: Type I

• Contract and Order Number, as applicable;

• Contract line item number and/or Subcontract line item number;

• Description, quantity, unit of measure, unit price and extended price/cost of the items actually delivered or services rendered, i.e., Labor category and labor hours x labor rate = total direct labor dollars, subcontractor costs, travel, other direct costs, overhead rate(s), etc.;

• Shipping and payment terms;

• Terms of any discount for prompt payment offered;

• Other substantiating documentation or information as required by the contract;

• Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent;

mailto:CCRChanges@cms.hhs.gov

• Name, title, phone number of person to be notified in the event of a defective voucher;

and,

• Period of performance for delivery date of goods or services provided.

d. MAILINGS: Vouchers shall be submitted as follows:

1. ELECTRONIC MAIL: The Contractor shall submit an electronic copy of the voucher to both of the following individuals:

• Contract Specialist (CS) listed in the recipient key of the deliverable schedule for each individual TO award.

• COR listed in the recipient key of the deliverable schedule for each individual TO award.

2. REGULAR MAIL: An Original and one (1) hard copy of the voucher shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, MD 21207-0520

3. OVERNIGHT MAIL: If the Contractor chooses to use an overnight mail carrier, the original and one (1) hard copy of the voucher shall be submitted to the address below:

Department of Health & Human Services

OFM/Division of Accounting Operations 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

e. PAYMENTS: The Government shall make provisional payments on all vouchers (pending the completion of a final audit of the Contractor's cost records) in accordance with -

• FAR 52.216-7, Allowable Cost & Payment, and

• FAR 52.232-1, Payments, and upon acceptance by the COR of the required supplies/services in accordance with the applicable FAR Inspection and Acceptance clause and the CO’s approval.

Reimbursement for vouchers submitted under this contract shall be made no later than thirty (30) calendar days after receipt of an acceptable voucher from the Contractor in the copies requested at the paying office designated above. Any discrepancies determined as a result of the audit could delay the processing of the voucher and may result in the voucher being returned to the Contractor for corrections.

f. INTEREST ON OVERDUE PAYMENT

The Prompt Payment Act, Public Law 97-177 (96 Stat.85.31 U.S.C. 1801) is applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an voucher by the Division of Accounting Operations.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

G.3 CONTRACTING OFFICER (CO)

The Contracting Officer (CO) is TBD. His/her mailing address is as follows:

Centers for Medicare & Medicaid Services

OAGM/ASG/DQC

7500 Security Boulevard, Mail Stop B3-30-03 Baltimore, Maryland 21244-1850 Phone:

Email:

A. The CO is the only person under this contract with the ability to bind the government legally by signing the contract and any/all subsequent modifications.

B. The CO is responsible for ensuring performance of all necessary actions for effective contracting, for ensuring compliance with all terms and conditions of the contract, and for safeguarding the interest of the government in its contractual relationships.

C. The CO is the only individual authorized to :

a. Accept nonconforming work or waive any requirement of this contract;

b. Authorize reimbursement to the Contractor for any costs incurred during the performance of the contract; and

c. Modify any terms or condition of this contract, extend the period of performance, change the delivery schedule, etc.

D. The CO may conduct status conferences with members of the Board of Directors, the CEO/Executive Director, or staff at any time during the period of performance.

E. The Contractor is advised that the CO is the only individual that may obligate the funds and/or authorize any changes to the terms and conditions of this contract.

G.4 CONTRACT SPECIALIST (CS)

The Contract Specialist (CS) is TBD. His/her mailing address is as follows:

OAGM/ASG/DQC

7500 Security Boulevard, Mailstop B3-30-03 Baltimore, MD 21244-1850 Phone:

Email:

The Contractor is advised that the CS is assigned overall responsibility of this contract. He/she is the first point of contact on all contract issues.

G.5 CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. Designation

TBD is hereby designated as the Government Contracting Officer Representative (COR).

Their address is as follows:

Center for Clinical Standards and Quality 7500 Security Boulevard, Mail Stop: S3-02-01 Baltimore, MD 21244-1850 Phone:

Email:

The COR 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 SOW 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-6; and, (7) reviewing of invoices/vouchers.

The COR does not have authority to act as agent of the Government under this contract.

Only the CO has authority to: (1) direct or negotiate any changes in the SOW; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its COR designation.

G.6 TECHNICAL DIRECTION

A. Performance of the work under this contract shall be subject to the technical direction of the COR. The term “Technical Direction” is defined to include, without limitation, the following:

1. Directions to the Contractor that 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 SOW.

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

3. 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 SOW stated in the contract. The COR does not have the authority to, and may not issue, any technical directions which:

1. Constitutes an assignment of additional work outside the general SOW of the contract.

2. Constitutes a change as defined in FAR 52.243-1, 52.243-2 and 52.243-3, as referenced in Section I.

3. In any manner causes 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 COR 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 COR 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 COR is within one of the categories as defined in (b) above, the Contractor shall not proceed but shall notify the CO in writing within 5 working days after the receipt of any such instruction or direction and shall request the CO to modify the contract, accordingly.

Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract. The Contractor shall thereupon proceed immediately with the instructions or direction or upon the contract action to be taken with respect thereto and shall be subject to the provision of the contract clause entitled "Disputes."

G.7 CONTRACTING OFFICER (CO) RESPONSIBILITY

In accordance with FAR 52.202-1 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 SOW;

modify/extend the period of performance; change the delivery schedule.

G.8 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 COR with an informational copy of the basic correspondence to the CO.

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

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

Subject: Contract No.

Contractor’s Name Request for Subcontract Approval

G.9 SUBCONTRACT/CONSULTANT CONSENT

(a) For the purposes of this contract, consultants are considered subcontractors.

(b) To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCT 2010) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the CO. The CO shall review the request for subcontract approval and the COR's recommendation and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

(c) Consent is hereby given to issue the following subcontract(s):

TBD

G.10 PROPERTY ADMINISTRATION

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

b. The inventory report shall include all items acquired, furnished, rented or leased under the contract. Employees who conduct the inventories should not be the same individuals who maintain the property records. Following the physical inventory, the Contractor shall prepare an inventory report and submit the report to the CMS Property Administrator at the address:

OOM, Administrative Services Group Division of Property and Space Management 7500 Security Boulevard, M/S SLL-13-12 Baltimore, Maryland 21244-1850

(410) 786-2923

c. Commercially leased software is subject to these reporting requirements.

d. The Contractor shall submit a consolidated report of all accountable government property under this contract, including subcontractor inventory information.

e. The final inventory report shall indicate that all items required for continued contract performance are acceptable and free from contamination. Property that is no longer usable or required shall be reported and disposition requested. The final inventory report shall be submitted upon the date of contract expiration.

G.11 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

a. General:

In accordance with Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS), the Government-wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate. CPARS is a secure Internet website located at https://www.cpars.gov.

https://www.cpars.gov/

b. CPARS Process:

1. CPARS Training: Contractors may obtain CPARS training material and register for on-line training at: https://www.cpars.gov.

2. Post-Award Contract Registration: CMS is responsible for registering the contract in CPARS within 30 calendar days of contract award. The Contractor shall:

a) Designate at least one (1) point of contact that will be responsible for serving as the

Contractor’s Representative (CR). Additional CRs may also be identified; and,

b) Provide the CMS Contract Specialist with the name(s) and email address(es) of the CPARS point(s) of contact.

Once CMS registers the contract in CPARS, the CR(s) will receive an automated CPARS email message that contains User IDs and instructions for creating a password for future past performance evaluation processing.

3. Interim, Annual and Final Past Performance Evaluation Reports:

a) Issuing the Evaluation: Once the CMS Assessing Official (AO) issues an evaluation to the Contractor in CPARS, the CR(s) will receive an email instructing them to login to CPARS to review the evaluation.

b) Contractor Comments: The CR has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO. The CR has a total of 60 days following the AO’s evaluation signature date to submit comments. If the CR submits comments within the first 14 days following the AO’s signature date and the AO closes the evaluation, the evaluation will become available in Past Performance Information Retrieval System - Report Card (PPIRS-RC) within 1 day.

On day 15 following the AO’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without CR comments and whether or not it has been closed by the AO. If no CR comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC.

If the CR sends comments at any time prior to 61 days following the AO’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the AO’s evaluation signature date, the CR will be “locked out” of the evaluation and may no longer send comments.

https://www.cpars.gov/

G.12 DUSE OF [GOVERNMENT] DATA (REPORTS/FILES/COMPUTER PAPERS

OR DISCS)

Any data given to the Contractor by the Government shall be used only for the performance of the contract unless the CO specifically permits another use, in writing. Should the CO 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 CO 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 CO may negotiate any other benefits he/she determines is adequate compensation for the use of these data.

Upon the request of the CO or the expiration date of this contract, whichever shall come first, the Contractor shall, upon instructions from the CO, return or destroy all data given to the Contractor by the Government. However, the CO 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 returned, retained, or destroyed shall be the decision of the CO 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 CO 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 CO shall determine is adequate.

G.13 SECURITY CLAUSE – BACKGROUND INVESTIGATIONS FOR

CONTRACTOR PERSONNEL

If applicable, Contractor personnel performing services for CMS under this contract, task order or delivery order shall be required to undergo a background investigation. CMS will initiate and pay for any required background investigation(s).

After contract award, the CMS Project Officer (PO) and the Security and Emergency Management Group (SEMG), with the assistance of the Contractor, shall perform a position-sensitivity analysis based on the duties contractor personnel shall perform on the contract, task order or delivery order. The results of the position-sensitivity analysis will determine first, whether the provisions of this clause are applicable to the contract and second, if applicable, determine each position’s sensitivity level (i.e., high risk, moderate risk or low risk) and dictate the appropriate level of background investigation to be processed. Investigative packages may contain the following forms:

1. SF-85, Questionnaire for Non-Sensitive Positions, 09/1995

2. SF-85P, Questionnaire for Public Trust Positions, 09/1995

3. OF-612, Optional Application for Federal Employment, 12/2002

4. OF-306, Declaration for Federal Employment, 10/2011

5. Credit Report Release Form

6. FD-258, Fingerprint Card, 12/2007, and

7. CMS-730A, Request for Physical Access to CMS Facilities (NON-CMS ONLY), 11/2003.

http://www.opm.gov/forms/pdf_fill/sf85.pdf https://www.opm.gov/forms/pdf_fill/sf85p.pdf http://www.gpo.gov/pdfs/careers/apply/of612.pdf http://www.opm.gov/forms/pdf_fill/of0306.pdf http://archive.opm.gov/investigate/archive/1998/fin9802.asp http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks/standard-fingerprint-form-fd-258 http://cmsnet.cms.hhs.gov/hpages/oics/formsloc/cms730A.pdf

The Contractor personnel shall be required to undergo a background investigation commensurate with one of these position-sensitivity levels:

1) High Risk (Level 6) Public Trust positions that would have a potential for exceptionally serious impact on the integrity and efficiency of the service. This would include computer security of a major automated information system (AIS). This includes positions in which the incumbent’s actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned government activities, whether or not actual damage occurs, particularly if duties are especially critical to the agency or program mission with a broad scope of responsibility and authority.

Major responsibilities that would require this level include:

a. development and administration of CMS computer security programs, including direction and control of risk analysis and/or threat assessment;

b. significant involvement in mission-critical systems;

c. preparation or approval of data for input into a system which does not necessarily involve personal access to the system but with relatively high risk of causing grave damage or realizing significant personal gain;

d. other responsibilities that involve relatively high risk of causing damage or realizing personal gain;

e. policy implementation;

f. higher level management duties/assignments or major program responsibility; or

g. independent spokespersons or non-management position with authority for independent action.

Approximate cost of each investigation: $2,900

2) Moderate Risk (Level 5)

Level 5 Public Trust positions include those involving policymaking, major program responsibility, and law enforcement duties that are associated with a “Moderate Risk.” Also included are those positions involving access to or control of unclassified sensitive, proprietary information, or financial records, and those with similar duties through which the incumbent can realize a significant personal gain or cause serious damage to the program or Department.

Responsibilities that would require this level include:

a. the direction, planning, design, operation, or maintenance of a computer system and whose work is technically reviewed by a higher authority at the High Risk level to ensure the integrity of the system;

b. systems design, operation, testing, maintenance, and/or monitoring that are carried out under the technical review of a higher authority at the High Risk level;

c. access to and/or processing of information requiring protection under the Privacy Act of 1974;

d. assists in policy development and implementation;

e. mid-level management duties/assignments;

f. any position with responsibility for independent or semi-independent action; or

g. delivery of service positions that demand public confidence or trust.

Approximate cost of each investigation: $2,400

3) Low Risk (Level 1)

Positions having the potential for limited interaction with the agency or program mission, so the potential for impact on the integrity and efficiency of the service is small. This includes computer security impact on AIS.

Approximate cost of each investigation: $550

The Contractor shall submit the investigative package(s) to SEMG within three (3) days after being advised by the SEMG of the need to submit packages. Investigative packages shall be submitted to the following address:

Office of Operations Management Security and Emergency Management Group Mail Stop SL-13-15 7500 Security Boulevard Baltimore, Maryland 21244-1850

The Contractor shall submit a copy of the transmittal letter to the Contracting Officer (CO).

Contractor personnel shall submit a CMS-730A (Request for Badge) to the SEMG. The Contractor and the PO shall obtain all necessary signatures on the CMS-730A prior to any Contractor employee arriving for fingerprinting and badge processing.

The Contractor must appoint a Security Investigation Liaison as a point of contact to resolve any issues of inaccurate or incomplete form(s). Where personal information is involved, SEMG may need to contact the contractor employee directly. The Security Investigation Liaison may be required to facilitate such contact.

SEMG will fingerprint contractor personnel and send their completed investigative package to the Office of Personnel Management (OPM). OPM will conduct the background investigation.

Badges will not be provided by SEMG until acceptable finger print results are received; until then the contractor employee will be considered an escorted visitor. The Contractor remains fully responsible for ensuring contract, task order or delivery order performance pending completion of background investigations of contractor personnel.

SEMG shall provide written notification to the CO with a copy to the PO of all suitability decisions. The PO shall then notify the Contractor in writing of the approval of the Contractor’s employee(s), at that time the Contractor’s employee(s) will receive a permanent identification badge. Contractor personnel who the SEMG determines to be ineligible may be required to cease working on the contract immediately.

The Contractor shall report immediately in writing to SEMG with copies to the CO and the PO, any adverse information regarding any of its employees that may impact their ability to perform under this contract, task order or delivery order. Reports should be based on reliable and substantiated information, not on rumor or innuendo. The report shall include the contractor employee’s name and social security number, along with the adverse information being reported.

Contractor personnel shall be provided an opportunity to explain or refute unfavorable information found in an investigation to SEMG before an adverse adjudication is made.

Contractor personnel may request, in writing, a copy of their own investigative results by contacting:

Office of Personnel Management Freedom of Information Federal Investigations Processing Center PO Box 618 Boyers, PA 16018-0618.

At the Agency’s discretion, if an investigated contractor employee leaves the employment of the contractor, or otherwise is no longer associated with the contract, task order, or delivery order within one (1) year from the date the background investigation was initiated by CMS, then the Contractor may be required to reimburse CMS for the full cost of the investigation. Depending upon the type of background investigation conducted, the cost could be approximately $550 to $2,900. The amount to be paid by the Contractor shall be due and payable when the CO submits a written letter notifying the Contractor as to the cost of the investigation. The Contractor shall pay the amount due within thirty (30) days of the date of the CO’s letter by check made payable to the “United States Treasury.” The Contractor shall provide a copy of the CO’s letter as an attachment to the check and submit both to the Office of Financial Management at the following address:

PO Box 7520 Baltimore, Maryland 21207

The Contractor must immediately provide written notification to SEMG (with copies to the CO and the PO) of all terminations or resignations of Contractor personnel working on this contract, task order or delivery order. The Contractor must also notify SEMG (with copies to the CO and the PO) when a Contractor’s employee is no longer working on this contract, task order or delivery order.

At the conclusion of the contract, task order or delivery order and at the time when a contractor employee is no longer working on the contract, task order or delivery order due to termination or resignation, all CMS-issued parking permits, identification badges, access cards, and/or keys must be promptly returned to SEMG. Contractor personnel who do not return their government-issued parking permits, identification badges, access cards, and/or keys within 48 hours of the last day of authorized access shall be permanently barred from the CMS complex and subject to fines and penalties authorized by applicable federal and State laws.

G.14 Work Performed Outside the United States and its Territories

The contractor, and its subcontractors, shall not perform any activities under this contract at a location outside of the United States, including the transmission of data or other information outside the United States, without the prior written approval of the Contracting Officer. The factors that the Contracting Officer will consider in making a decision to authorize the performance of work outside the United States include, but are not limited to the following:

1. All contract terms regarding system security

2. All contract terms regarding the confidentiality and privacy requirements for information and data protection

3. All contract terms that are otherwise relevant, including the provisions of the statement of work

4. Corporate compliance

5. All laws and regulations applicable to the performance of work outside the United States

6. The best interest of the United States

In requesting the Contracting Officer’s authorization to perform work outside the United States, the contractor must demonstrate that the performance of the work outside the United States satisfies all of the above factors. If, in the Contracting Officer’s judgment, the above factors are not fully satisfied, the performance of work outside the United States will not be authorized.

Any approval to employ or outsource work outside of the United States must have the concurrence of the CMS SEMG Director or designee.

G.15 INDIRECT COST RATES (SEP 2014)

a. INDIRECT COST BILLING, CEILING and FINAL RATES (To be completed at time of award):

1. Billing Rates:

a) Federal Acquisition Regulation (FAR) 52.216-7(e) Billing Rates, states, “Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established.

These billing rates—

(1) Shall be the anticipated final rates; and,

(2) May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment.”

Therefore, the Government shall reimburse the Contractor at the established Billing Rates, as established by the Cognizant Federal Agency (CFA) or cognizant auditor.

Any change(s) to the Billing Rate(s) established, shall be approved by the CFA or cognizant auditor. In the event the Billing Rate(s) exceed any Ceiling Rate(s) established in 2.a) below, the Government shall reimburse the Contractor at the Ceiling Rate(s).

b) Interim Billing Rates: In the event that the Contractor does not have Contracting

Officer or authorized representative (cognizant auditor) established Billing Rates, the following Interim Billing Rates apply to this contract:

INTERIM BILLING RATES:

Indirect

Cost Pool Billing Rate Rate Base

Contractor Fiscal Year

Fringe (Ceiling

NA)

TBD (a)

Overhead TBD (b) G&A TBD (c) Other TBD (d)

Rates are applied to the following rate base(s):

a. Fringe rate is applied to …[TBD]………………..

b. Overhead rate is applied to…[TBD]………………

c. G&A rate is applied to……[TBD]………………..

The above rates shall be used for reimbursement on contractor billings, pending review of a well-supported Billing Rate proposal, which is required to be submitted to the mailbox identified below, by the Contractor within six (6) months of contract award. The proposal shall be based upon at least four (4) months of actual costs and estimated costs for the current fiscal year and out-years of this contract. If you have prior year actuals, submit at least two (2) years, if available.

For information about the proposal submission, refer to “Information for Contractors” at http://www.DCAA.Mil/Audit_Process_Overview.html.

http://www.dcaa.mil/Audit_Process_Overview.html

CMS, or another CFA official or cognizant auditor, shall review the proposed rates in accordance with FAR 52.216-7(e) and FAR 42.704 Billing rates, to establish Billing rates for the current fiscal year and to provide current recommendations on the out-year rates. After receiving the established CFA or cognizant auditor Billing Rate Agreement, the Interim Billing Rates no longer apply.

Submit Billing Rate Proposals to:

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

2. Indirect Cost Ceiling Rate(s):

a) Indirect Cost Ceiling Rate(s) established (as applicable) for this contract are in accordance with FAR 42.707, Cost Sharing Rates and Limitations on Indirect Cost Rates, and are as indicated below in the chart.

INDIRECT COST “CEILING” RATES

Indirect Cost Pool

Indirect Cost

Ceiling Rate

Contractor’s Fiscal Year

Rate / Allocatio n Base Overhead TBD (a)

G&A TBD (b) Other TBD (c)

Overhead (a)

G&A (b) Other (c) mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

Rates are applied to the following rate/allocation base(s):

Rate/Allocation Base a. Overhead rate is applied to …[TBD] Rate/Allocation Base b. G&A rate is applied to…[TBD]

b) When a ceiling rate(s) is/are established -

(1) The Government will not be obligated to pay any additional amount, should the final indirect cost rate(s) exceed the negotiated ceiling rate(s).

(2) In the event a final indirect cost rate is less than the negotiated ceiling rate, costs will be reimbursed at the final indirect cost rate.

3. Final Indirect Cost Rates: Pursuant to the provisions of FAR 52.216-7, Allowable Cost

& Payment, the allowable Indirect Costs under this contract shall be obtained by applying the CFA approved Final Indirect Cost Rate(s) or the Ceiling Rate(s) (whichever are lower) to the appropriate cost base.

b. INDIRECT COST RATE (ICR) PROPOSAL: Pursuant to FAR 52.216-7, Allowable Cost and Payment, paragraph (d)(2), Final indirect cost rates, the Contractor shall submit an adequate final annual Indirect Cost Rate proposal within the 6-month period following the expiration of each of its fiscal years.

FAR 42.003(a) provides that the CFA, “…normally will be the agency with the largest dollar amount of negotiated contracts, including options.” FAR 42.703-1 further provides that a single agency shall be responsible for establishing final indirect cost rates for each business unit. This single agency is the CFA and may be DHHS, a delegated component of DHHS or another Federal Agency.

The Contractor shall submit its certified annual Indirect Cost Rate proposal to the following

(both CMS and the CFA) as identified below:

CMS:

Electronic proposals shall be submitted in MS Word and Excel formats, with .pdf signed Certification, to (Do not .pdf the entire proposal):

Office of Acquisition & Grants Management Acquisition Business & Services Group Division of Financial Services at -

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

AND

mailto:AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

COGNIZANT FEDERAL AGENCY:

CFA Addresses, other than CMS, are:

TBD

Any questions about CFA responsibilities may be submitted to the OAGM, ABSG, Division of Financial Services at:

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov.

G.16 PAYMENT SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS

a. Travel Costs (Including Foreign Travel)

The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46.

b. Per Diem

Expenses for subsistence and lodging shall be reimbursed to the Contractor only to the extent where overnight stay is necessary for performance under this contract. Incurred costs shall be considered to be reasonable and allowable 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 Federal Travel Regulations. See FAR 31.205-46(2).

c. Cost of Materials

The cost of materials furnished or used under this contract shall be reimbursed in accordance with paragraph (b) of the clause entitled "Allowable Costs (FAR 52.216-7)" for cost reimbursement contracts and FAR 31.205-26. Expendable material costs for items such as office supplies, report paper, etc., and tools of the trade shall be considered to be included in the Contractor's indirect cost pools. The Contractor shall be required to support all material costs claimed.

d. Direct Charge Relocation Costs

In accordance with FAR 31.205-35, relocation costs, either direct charged or included in the Contractor's indirect cost pools, associated with an individual not completing a term of service equal to one year working under this contract shall be an unallowable cost under this contract.

e. Facilities Capital Cost of Money

In accordance with HHSAR 315.404-4(4), 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 mailto:AcquisitionDFSIncurredCostSubmission@cms.hhs.gov the contractor's proposal, the Contracting Officer shall reduce the profit objective in an amount equal to the amount of facilities capital cost of money allowed in accordance with the Facilities Capital Cost-of-Money cost principle. If the contractor does not propose this cost, the Contracting Officer shall insert a provision in the contract that makes facilities capital cost of money an unallowable cost.

G.17 ANNUAL WAGE DETERMINATIONS

Every year, calculated from the anniversary date of the contract, the Contracting Officer will obtain revised wage determination rate table from the U.S. Department of Labor. The revised wage determination will be incorporated into the contract in Section J, as Attachment J.2. The revised wage determination shall be implemented within 45 days of issuance of the modification by CMS.

G.18 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 CO.

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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONFLICT OF INTEREST

A. General: It is imperative that the Contractor and the services provided to Medicare and/or

Medicaid beneficiaries…