RFP-CMS-2017-8a-0035_version_5.0_20170216-_Changes-Q&A.docx

Solicitation# RFP-CMS-2017-8A-0006 Technical Support Contractor Version 54.0; February 167 2017

Table of Contents

PART I- SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The Government anticipates to award a competitive 8(a) hybrid contract. The awardee shall be called the Office of Financial Management (OFM)/Financial Management Systems Group (FMSG) Technical Support Contractor (TSC). This contract consists of Cost Plus Fixed Fee (CPFF) line items.

The Financial Management Systems Group (FMSG) Technical Support Contractor (TSC) will be tasked to:

1. Perform project administration

2. Assist in the management of FMSG functions

3. Business process reengineering

4. FMSG requirements formulation

5. Software development

6. Implementation

7. Testing,

8. Research, analysis

9. Post-implementation support of different initiatives, to achieve accounting functionality and general project management activities.

10. Program management and technical activities for the Health Insurance General Ledger Accounting System (HIGLAS), electronic submission medical documentation (esMD) system, and other FMSG systems.

11. provide Security Management support to ensure that OFM systems are in accordance with applicable industry best practices and comply with Federal regulations and Centers for Medicare and Medicaid Services (CMS) policies.

The administrative and management tasks will follow system support activities to ensure compliance with the various stages of the CMS system life cycle. This effort requires disciplined project management support to coordinate tasks across multiple components and vendors.

B.2 SCHEDULE OF SERVICES

CLIN 0001 – BASE YEAR

CLIN 1001- OPTION YEAR ONE

CLIN 2001- OPTION YEAR TWO

CLIN 3001- OPTION YEAR THREE

CLIN 4001- OPTION YEAR FOUR

B.3 TRAVEL COSTS:

Costs incurred for lodging, meals and incidental expenses shall be considered to be reasonable, allocable and allowable 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 (FTR) and applicable cost principles set for in FAR Part 31 – Contract Cost Principles and Procedures, Subpart 31.205-46 “Travel Costs” (a) (2) (i) Federal Travel Regulations, prescribed by the General Services Administration for travel in the continuous United States…(ii) Joint Travel Regulation, Volume 2, DOD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States…(iii) Standardized Regulations (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowance for Foreign Areas,” prescribed by the Department of State, for travel in areas not covered in (a)(2)(i) and (ii) of this paragraph.

Federal Travel Regulations, as well as Per Diem rates can be found at the following URL: www.gsa.gov/travel

Please note:

1. That staff in a travel status do not necessarily receive full per diem reimbursement for the first and final days of travel.

2. The Government considers Staff in a travel status are not considered to be simultaneously fully productive at work.

B.4 TYPE OF CONTRACT

The incumbent contract for this work was performed as an IDIQ (Indefinite Delivery/Indefinite Quantity) basic agreement, under which separate stand-alone task orders were issued for different lines of business (lob) and specific taskings.

This new TSC opportunity is a single contract issued to an 8(a) vendor only. This contract will incorporate Cost Reimbursement (CR) type pricing arrangements and Firm Fixed Price (FFP) type arrangements (to be determined at a later date), under different line items (CLINs and SLINs)

*Please note at this time the Government does not anticipate any time and materials (T&M)/labor hour type pricing arrangements. However, the Government reserves the right to add at any point in the contract performance period a T&M/labor hour type pricing arrangement. When T&M work is awarded, the modification will add all necessary T&M labor provisions and clauses.

B.5 COST REIMBURSEMENT

1. IAW FAR Part 16.301-3(a.3), the prime Contractor must utilize an accounting system adequate for; identifying/determining costs, measuring the costs, and charging the costs, applicable to this contract IAW Government regulations. Offerors shall have an approved and adequate accounting system at the time of proposal submission. It is preferable that the contractor have undergone and successfully passed a Government accounting system review audit, within the previous three calendar years. Therefore, any offeror submitting a proposal as a prospective prime contractor under this solicitation, must submit evidence of prior Government audit/review of their accounting system, and Government acceptance/determination that the accounting system is adequate to perform upon a cost-reimbursement type contract.

However, if no such audit has been performed, the prime offeror must utilize and operate an accounting system that can successfully pass a Government system review audit, which will be performed within six months of contract award.

2. This contract will be priced by the Contractor, utilizing Government-approved (DCAA/CMS and FAR Part 31) direct labor, indirect rates, and bidding factors. The Contractor will provide complete supporting schedules identifying all applicable direct and indirect rate estimates building up to the contract line items’ costs. Any bidding factors, or estimation practices must be fully disclosed. IAW FAR, Offerors shall have Government approved rates and should submit their most recent provisional indirect billing and actual rates for both direct and indirect rates.

In the event the offeror does not have Government audited and approved indirect rates, direct labor hour rate structure, and bidding factors, the offeror is instructed to submit the rates and bidding factors proposed to be used for the first twelve months of the period of performance with a full explanation as to their derivation. CMS will audit and negotiate; direct hourly labor rates, indirect burden rates and any bidding factors, following contract award.

3. The fee will be negotiated for this contract and is to be consistent with statutory limitations. The payment of fixed fee is subject to the withholding provisions of FAR 52.216-8, entitled “Fixed Fee”. Any balance of fixed fee shall be paid to the contractor at the time specified in FAR 52.216-8.

If the CLIN type is to be CPAF (Cost Plus Award Fee), the fixed portion of fee and the award portion will be clearly differentiated. Payment from the award fee pool will in accordance with FAR 16.3/Cost Reimbursement Contracts and each task order’s Award Fee Performance Evaluation Plan.

B.6 WITHHOLDING OF FIXED FEE (COST REIMBURSEMENT)

The withholding of fixed fee will be in accordance with FAR 52.216-8.

(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 the Contracting Officer withholds a reserve not to exceed 15 percent of the total contract fixed fee or $100,000, whichever is less, to protect the Government’s interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.

B.7 PAYMENT SCHEDULE

CLIN 0001 – Base YEAR

CLIN 0001AA

CLIN 0001AB

CLIN 0001AC

Final (15% Withholding or $100,000 whichever is less)

TOTAL

FINAL payment of $tbd (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

CLIN 1001- OPTION YEAR ONE

CLIN 1001AB

CLIN 1001AC

Final (15% Withholding or $100,000 whichever is less)

TOTAL

FINAL payment of $tbd (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

CLIN 2001- OPTION YEAR TWO

CLIN 2001AB

CLIN 2001AC

Final (15% Withholding or $100,000 whichever is less)

TOTAL

FINAL payment of $tbd (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

CLIN 3001- OPTION YEAR THREE

CLIN 3001AB

CLIN 3001AC

Final (15% Withholding or $100,000 whichever is less)

TOTAL

FINAL payment of $tbd (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

CLIN 4001- OPTION YEAR FOUR

CLIN 4001AB

CLIN 4001AC

Final (15% Withholding or $100,000 whichever is less)

TOTAL

FINAL payment of $tbd (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

Independently and not as an agent of the Government, the Technical Support Contractor shall furnish all the necessary services, qualified personnel, materials, equipment and computers, and facilities not otherwise provided by the Government as is needed to perform the Statement Of Work (SOW) as identified in Section J., Attachment J.1.

The TSC shall establish and maintain an office facility within close proximity to OFM-FMSG offices, located at 7500 Security Blvd, Woodlawn, MD. 21244. The office shall be within 15 mile radius of 7500 Security Blvd. The Contractor office facility shall contain a conference room space adequate to hold monthly meetings with the Government FMSG customers. Comment by MEGHAN CRITZMAN: NEED TO ADD LANGUAGE ON CONFERENCE ROOM SIZE- # OF ATTENDEES

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Deliverables shall be marked in accordance with the Statement of Work (SOW).

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-1 CLAUSES INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.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 duly authorized representative of the Government.

b) The Government's Contracting Officer’s Representative (COR) is the 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.

d) Invoices are subject to COR acceptance, prior to Government payment.

e) The designated COR for this Contract is:

Ms. Leslie Engel 7500 Security Blvd. M/S: C3-20-11 Woodlawn, MD. 21244 410-786-6355 Leslie.Engel@cms.hhs.gov

(End of Section E)

SECTION F – DELIVERIES FOR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance of this contract is Date of Award thru 12 months This contract includes the following Option Periods:

Option Year #01 – Contract Year #2; 12 months Option Year #02 - Contract Year #3; 12 months Option Year #03 – Contract Year #4; 12 months Option Year #04 – Contract Year #5; 12 months Total contract performance will not exceed 60 months (5 years).

This contract includes the following Option Periods:

F.2 PLACE OF PERFORMANCE

There will be multiple places of performance under this contract. Due to the nature of the requirements, the Contractor will be required to have a local office space within 15 miles of CMS located at 7500 Security Blvd. The nature of the work required at CMS requires regular face-to-face communication between CMS and the Technical Support Contractor.

CMS may have a limited number of workstations available for contractor staff to use on an itinerant basis. These spaces can be shared among resources should they choose to work remotely intermittently, co-located with CMS staff. Permanent Contractor Space will not be permitted at the CMS, located at 7500 Security Blvd.

Absolutely no work effort under this contract is to be performed outside the Continental United States (OCONUS.)

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

In accordance with FAR 16.505, the Accounting and Appropriation data shall be set forth in the contract. A summation of funds obligated cumulative-to-date will be published annually along with each option year renewal (option period exercise.)

*Note should be made that in order for any CMS contract to be closed out and records retired, a financial reconciliation of all funds is required.

G.2: PAYMENTS – VOUCHERS (Cost Reimbursement Contracts – OCT 2015)

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.

c. ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

d. 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 IA, INVOICE/VOUCHER REVIEW/APPROVAL PROCESSING TIME FRAMES

Contract Payment Category Types ($ = Total Contract Value)

Days = Calendar Days

(No $ Limit)

(Small Businesses)

Not-to-Exceed 30 Days 15 Days Not-to-Exceed 30 Days

Not-to-Exceed 30 Days

Not-to-Exceed 30 Days

· Contract and Order Number, as applicable;

· Contract line item number(CLIN) and/or Sub-line item number(SLIN), as applicable;

· 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 Contractor official to whom payment is to be sent; (Payments are directed to Contractor payment address specified in SAM system)

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

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

e. 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 – Meghan.Critzman@CMS.HHS.Gov; and

· COR – Leslie.Engel@CMS.HHS.Gov.

2. REGULAR MAIL: An original 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 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 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

f. 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 Contracting Officer’s Representative (COR) of the required supplies/services in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval.

Reimbursement for vouchers submitted under this contract shall be made not later than thirty (30) calendar days after receipt of an acceptable voucher from the Contractor 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.

g. 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 acceptable voucher by the CMS-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: PAYMENTS - INVOICES (Firm Fixed Price Contracts (OCT 2015)

a. GENERAL: The Contractor shall submit to the Government an invoice for payment in accordance with the instructions below.

b. METHOD OF PAYMENT: CMS shall only make an electronic payment of invoices 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.

ADDRESS CHANGES: The contractor shall notify CMS’ Division of Accounting Operations of all banking and address changes in SAM via the following email address: CCRChanges@cms.hhs.gov.

c. CONTENT OF INVOICE - Invoices shall include, at a minimum:

· Contractor’s name and address;

· Contractor’s Tax Identification Number (TIN);

· Contractor’s DUNS Number;

· Invoice date;

· Invoice Number to include the designation of the Contract Payment Category Type as follows:

· Contract Payment Category Type IA, INVOICE/VOUCHER REVIEW/APPROVAL PROCESSING TIME FRAMES

Contract Payment Category Types ($ = Total Contract Value)

Days = Calendar Days

(No $ Limit)

(Small Businesses)

Not-to-Exceed 30 Days 15 Days Not-to-Exceed 30 Days

Not-to-Exceed 30 Days

Not-to-Exceed 30 Days

· 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 of the items actually delivered or services rendered;

· 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 Contractor official to whom payment is to be sent;

· Name, title, phone number of Contractor person to be notified in the event of a defective invoice; and,

· Period of performance or delivery date of goods or services provided.

d. MAILINGS: Invoices shall be submitted as follows:

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

· Contract Specialist – Meghan.Critzman@CMS.HHS.Gov; and

· COR –Leslie.Engel@CMS.HHS.Gov.

2. REGULAR MAIL: An original hard copy 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 hard copy of the invoice shall be submitted to the address below:

Department of Health & Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations 7500 Security Boulevard/Mailstop: C3-11-03 Baltimore, MD 21244-1850

e. PAYMENTS: The Government shall make payment of all invoices in accordance with

· FAR 52.232-1 Payments, and

· FAR 52.212-4 Contract Terms and Conditions – Commercial Items (If applicable) upon acceptance by the Contracting Officer’s Representative (COR) in accordance with the applicable FAR Inspection and Acceptance clause and the Contracting Officer’s approval, as appropriate.

Reimbursement for invoices submitted under this contract shall be made not later than thirty (30) calendar days after receipt of an acceptable invoice from the Contractor requested at the paying office designated above. 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 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 acceptable invoice 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.4 INDIRECT COST RATES (SEP 2014) (COST REIMBURSEMENT)

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

1. Billing Rates:

i. 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—

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 G.4.a.2. below, the Government shall reimburse the Contractor at the Ceiling Rate(s).

ii. 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:

Fringe (Ceiling NA)

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

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.

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

With a courtesy copy to:

Alan.Fredericks@cms.hhs.gov Meghan.Critzman@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

Overhead

G&A

Other

Overhead

G&A

Other

Overhead

G&A

Other

Overhead

(a)

G&A

(b)

Other

(c)

Overhead

(a)

G&A

(b)

Other

(c)

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

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

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

(2) In the event a final audited indirect cost rate is less than the negotiated ceiling rate, costs will be reimbursed at the final audited 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 (Cognizant-Federal-Activity) approved Final Indirect Cost Rate(s) or the Ceiling Rate(s) (whichever are lower) to the appropriate cost base.

b. INCURRED 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 (Defense Contract Audit 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):

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Acquisition Business & Services Group Division of Financial Services at - AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov

With a courtesy copy to:

Alan.Fredericks@cms.hhs.gov Meghan.Critzman@cms.hhs.gov

AND

COGNIZANT FEDERAL AGENCY:

TBD

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

AcquisitionDFSIncurredCostSubmission@CMS.HHS.Gov.

G.5 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (JUL 2016)

Following are the Government Representatives and their respective roles and responsibilities on this contract:

a. Contracting Officer As defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and in accordance with FAR 1.602-1, Authority, “Contracting officers have authority to enter into, administer, and/or terminate contracts and make related determinations and findings.” There is no other authorized representative or any other Administrative Contracting Officer assigned to this contract to carry out a Contracting Officer’s duties, except for technical direction assigned to the Contracting Officer’s Representative, if applicable.

The Contracting Officer is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Information Technology Contracts Group Division of Data Center Contracts ATTN: Alan Fredericks 7500 Security Blvd.

Mail-stop: B3-30-03 Baltimore, MD 21244-1850

Phone: 410-786-8622 Email Address: Alan.Fredericks@cms.hhs.gov

b. Contract Specialist

Notwithstanding any of the other provisions of this Contract, the Contract Specialist will assist the Contracting Officer with his/her responsibilities as defined in the FAR.

The Contract Specialist is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Information Technology Contracts Group Division of Data Center Contracts ATTN: Meghan Critzman 7500 Security Blvd.

Mail-stop: B3-30-03 Baltimore, MD 21244-1850

Phone: 410-786-2042 Email Address: Meghan.Critzman@cms.hhs.gov

c. Contracting Officer’s Representative

The Contracting Officer’s Representative (COR), as defined in FAR 2.101, Definitions, is:

Centers for Medicare & Medicaid Services Office of Acquisition & Grants Management Financial Management Systems Group Division of Program and Data Management ATTN: Leslie Engel 7500 Security Blvd.

Mail-stop: C3-20-11 Baltimore, MD 21244-1850

Phone: 410-786-6355 Email Address: Leslie.Engel@cms.hhs.gov

In accordance with FAR 1.602-2(d), Responsibilities, the COR’s delegated responsibilities are identified in the Contracting Officer’s appointment memorandum, a copy of which will be furnished to the contractor under section J as attachment J.6.

Technical direction must be within the general scope of the work stated in the contract. The term "technical direction" is defined to include, without limitation, the following:

Directions to the Contractor which direct 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 technical requirements as identified in the Statement of Work or Performance Work Statement; or Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.

The COR does not have the authority to:

1. Make changes to contract terms and conditions;

2. Direct the contractor to perform work or make deliveries not specifically required under the contract;

3. Waive or relax the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract;

4. Make any commitments or approve any actions that would create any financial obligation on the part of the Government; or

5. Issue direction that constitutes a “change” as defined in:

FAR 52.243-1, Changes – Fixed Price;

FAR 52.243-2, Changes – Cost Reimbursement;

FAR 52.243-3, Changes – Time and Material and Labor Hour;

FAR 52.243-4, Changes; or, FAR 52.243-5, Changes and Changed Conditions.

All technical direction shall be issued in writing by the COR or, if issued verbally, shall be confirmed in writing by the COR within five (5) business days after issuance.

The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR within the scope of his/her authority.

If, in the opinion of the Contractor, any instruction or direction issued by a Government representative constitutes a change to the contract or constitutes a “Change Order” as defined in FAR 2.101, Definitions, the Contractor shall follow the instructions identified in FAR 52.243-7 Notification of Changes. Please see Section G.11 text, which follows.

G.6 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 Contracting Officer.

a. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer, 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:

EXAMPLE: Contract No. HHSM 500-2017-XXXX Request for Subcontract Consent

G.7 SERVICE OF CONSULTANTS/ SUBCONTRACTORS

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

b. The Contractor shall follow the procedures established in the following Federal Acquisition Regulation (FAR) clauses when requesting Contracting Officer consent to subcontract for Consultants and/or other subcontracts:

Federal Acquisition Regulation (FAR) Clauses:

G.8 SUBCONTRACT CONSENT

(a) To facilitate the review of a proposed subcontract by the Contracting Officer’s Representative, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCT 2010) entitled, "Subcontracts" to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the Project Officer's recommendation and advise the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing. See attachment J.8- Subcontractor Checklist.

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

G.9 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER FILES)

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 are 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, upon instructions from the Contracting Officer, 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 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.10 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 COR/GTL 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 COR/GTL 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 COR/GTL shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR/GTL 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 CMS 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 Contracting Officer.

G.11 NOTIFICATION OF CHANGES

A. Definitions. As used in this article, the term “Contracting Officer” does not include any representative of the CO, whether or not such representative is acting within scope of his authority.

B. Notice. The primary purpose of this article is to obtain prompt reporting of Government conduct, which the Contractor considers to constitute a change to this contract within the meaning of the clause of the contract entitled, “Changes – Fixed Price” and “Changes-Time & Materials and Labor Hour Contracts.”

C. Except for changes identified in writing and signed by the CO, the contractor shall notify the CO in writing promptly, and in any event within fifteen (15) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written, or oral communications) which the contractor regards as a change to the contract terms and conditions, or SOW. The notice shall state, on the basis of the most accurate information available to the Contractor:

1. The date, nature, and circumstances of the conduct regarded as a…