SECTION_G_Amend_01.pdf

RFP-CMS-RMADA-2014

Amendment_01

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA (TO BE DETERMINED ON A TASK

ORDER LEVEL)

Appropriation: TBD Object Class: TBD Office Code: TBD

CAN: TBD

Amount: TBD

G.2 PAYMENTS – VOUCHERS (COST REIMBURSEMENT CONTRACTS – JAN 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 of Award Management. In order to receive payments, the contractor shall register in the System of Award Management (SAM) database in accordance with FAR 52.204-7 System of 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- TBD

• Contract Payment Category (Type _ )-

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 mailto:CCRChanges@cms.hhs.gov official to whom payment is to be sent;

• 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 listed in the recipient key of the deliverable schedule for each individual Task Order award.

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

Task Order 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

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 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 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 PAYMENTS – VOUCHERS (TIME AND MATERIALS CONTRACTS – JAN 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

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 of Award Management. In order to receive payments, the contractor shall register in the System of Award Management (SAM) database in accordance with FAR 52.204-7 System of 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- TBD

• Contract Payment Category (Type _ )-

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;

• 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 listed in the recipient key of the deliverable schedule for each individual Task Order award.

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

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

OFM/Division of Accounting Operations

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:

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 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 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

This Task Order is subject to FAR Clause 52.232-7, Payments under Time and Material/Labor Hour Contracts. In accordance with the clause, the contractor is required to withhold 5% of the labor dollars from each of the monthly vouchers until the cumulative value of the withholding has reached $50,000. The final $50,000 invoice may be submitted by the vendor at the end of the period of performance in accordance with Agency close-out procedures.

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.4 PAYMENTS - INVOICES (FIRM FIXED PRICE CONTRACTS (JAN 2013)

a. GENERAL: The Contractor may submit to the Government an invoice for

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 of Award Management. In order to receive payments, the contractor shall register in the System of Award Management (SAM) database in accordance with FAR 52.204-7 System of 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 INVOICE - Invoices shall include, at a minimum:

• Contractor’s name and address;

• Contractor’s Tax Identification Number (TIN);

• Contractor’s DUNS Number;

• Invoice date;

• Contract Payment Category- TBD

• Contract Payment Category (Type _ )-

• 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 official to whom payment is to be sent;

• Name, title, phone number of 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 – TBD

• COR – TBD

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

OFM/Division of Accounting Operations

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

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, 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 no later than thirty (30) calendar days after receipt of an acceptable invoice 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 invoice and may result in the invoice being returned to the Contractor for applicable to payments under this contract and requires the payment of interest on payments made more than 30 calendar days after receipt of an 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.5 AUDIT OF HOURS

a. In addition to the examination of costs, as detailed in FAR 52.215-02 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; and,

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.6 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The following Contracting Officer‘s Representative (COR) will represent the Government for the purpose of this contract:

TBD

The Contracting Officer‘s Representative (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 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-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 Contracting Officer has authority to: (1) direct or negotiate any 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 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 Contracting Officer‘s Representative (COR) designation.

G.7 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 statement of work.

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 Statement of Work stated in the contract. The Contracting Officers Representative 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:

52.243-1 CHANGES - FIXED-PRICE (AUG 1987)--ALTERNATE I (APR

1984)

52.243-2 CHANGES - COST-REIMBURSEMENT (AUG 1987) --

ALTERNATE I (APR 1984)

52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS

(SEP 2000)

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 Contracting Officers Representative 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 Contracting Officer Representative 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 Contracting Officer in writing within 5 working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract, accordingly. Upon receiving such notification from the Contractor, the Contracting Officer 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.8 CONTRACTING OFFICER RESPONSIBILITY

In accordance with FAR 52.202-1 Definitions (JUL 2004), 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

a. 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.9 HHSAR 352.242-70 KEY PERSONNEL (JAN 2006)

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.

All proposed substitutions must be submitted, in writing, to CMS at least thirty (30) days prior to the proposed substitution or as soon as reasonably known. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume and any other information required by CMS. All proposed substitutions must have qualifications equal to or greater than the person(s) being replaced.

When key personnel positions are vacated due to unforeseen circumstances, a proposed replacement shall be submitted in writing for approval no later than 30 calendar days from the date the position was vacated. Interim replacements should be identified when a permanent replacement cannot be identified within this time frame. The Centers for Medicare & Medicaid Services (CMS) may consider a 60-day interim replacement until a permanent replacement is secured.

The following individuals are considered “key” under this contract:

NAME LABOR CATEGORY PHONE E-MAIL ADDRESS

TBD Program/Project

Manager

All other key personnel will be designated in each individual Task Order.

G.10 SUBCONTRACT CONSENT

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

(b) To facilitate the review of a proposed subcontract by the Contracting Officers Representative and the Contracting Officer, the Contractor shall submit the information required by the FAR Clause 52.244-2 (JUN 2007) entitled, "Subcontracts" and FAR Clause 52.244-5, “Competition in Subcontracting (DEC 1996) to the Contracting Officer.

The Contracting Officer shall review the request for subcontract approval and the Contracting Officers Representative '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 granted to the following subcontracts for the RMADA:

Consent granted to subcontractors not identified under the RMADA shall be identified in individual Task Orders.

G.11 SUBCONTRACTING REPORTING (ONLY FOR LARGE BUSINESSES)

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, 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 SF294, shall be submitted as follows:

Reporting Period Report Due Due Date Oct 1 – Mar 31 SF 294

(ISR)

Apr 30

Apr 1 – Sept 30 SF 294

(ISR)

Oct 30

Oct 1 – Sept 30 SF 295

(SSR)

Oct 30

Contract Completion OF 312 (If required)

30 days after completion http://www.esrs.gov/

G.12 SUBCONTRACTING PROGRAM FOR SMALL AND DISADVANTAGED

BUSINESSES

In accordance with FAR 19.704, Subcontracting Plan Requirements, the subcontracting plan submitted for work under this contract with small, disadvantaged, woman-owned, HUBZone, and services-disabled veteran-owned small business concerns, shall be approved by the Contracting Officer and incorporated as Attachment J 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:

Small Business 33% Small Disadvantaged Business 5% Women-Owned Small Business 5% HubZone 3% Service Disabled Veteran Owned Small Business 3%

G.13 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

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.14 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.

b. Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the COR 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.

c. The COR 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.

d. 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 shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the COR may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation.

e. 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 & Medicaid Services, Department of Health and Human Services."

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

G.15 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.16 PROPERTY ADMINISTRATION

a. General:

The CMS Contract Property Administrator, Property and Distribution Management Section, Division of General Services, at (410) 786-6462, located at 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, (2007).

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.

This will be determined on a Task Order level.

G.17 CONTRACTOR PERFORMANCE EVALUATION(S)

In accordance with Federal Acquisition Regulation (FAR) 42.15, CMS will complete annual and final Contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final Contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.gov. CMS will register the Contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor‘s primary and alternate CPARS http://www.cpars.gov/ contacts. Once CMS registers the Contractor in CPARS, the Contractor will receive an automated CPARS email message that contains User IDs and instructions for creating a password.

Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final.

Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by CMS. Any disagreement between the Contracting Officer and the Contractor will be referred to the Deputy Director, CMS Office of Acquisition and Grants Management, whose decision will be final.

Copies of each performance evaluation and Contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.gov. There is no fee for registration or use of the CPARS.

G.18 PROCEDURES FOR PLACING AN ORDER UNDER A MULTIPLE-AWARD IDIQ

a. One or more task orders (TOs) may be issued during the performance period of this IDIQ contract. The Contractor agrees to accept and perform orders issued by the Contracting Officer within the scope of this agreement. It is understood and agreed that the Government has no obligation to issue any orders except to place an order for the minimum quantity. In the event of any inconsistency between any TO and the IDIQ contract, the IDIQ contract shall control.

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b)(1), the Contracting Officer (CO) must provide all awardees a "fair opportunity" to be considered for each order in excess of $2,500 unless one of the conditions in paragraph 2, below applies.

b. Exceptions to Fair Opportunity Consideration.

When the Government has a requirement to place an order which is estimated to exceed $3,000 with only one of the multiple-award IDIQ contract awardees, it is because the Contracting Officer has determined one of the following conditions apply:

i. The agency need for such services is of such urgency that providing for competition amongst the awardees would result in unacceptable delays;

ii. Only one of the awardees is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized;

http://www.ppirs.gov/ http://www.cpars.gov/

iii. An order is issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an already-issued task order under this IDIQ contract, provided that all multiple-award IDIQ contract awardees were given a fair opportunity to be considered for the original order; or

iv. It is necessary to place an order to satisfy a minimum guarantee.

In accordance with FAR Subpart 16.505(b)(2), when an exception to the fair opportunity to be considered exists, the task order will be processed as a sole source procurement. This entails a sole source justification by the Contracting Officer to the file, a request for proposal for adequate cost or pricing data (where applicable) to the sole-source IDIQ contract awardee, negotiation and then award. Unaffected IDIQ holders will not be notified of the exception.

c. Competitive Ordering Process.

i. Pre-solicitation and solicitation.

All IDIQ holders will receive notification (Task Order Request for Proposal (TORP) of a proposed task order by the Contracting Officer. Each proposed TO, unless otherwise defined in the individual task order, shall incorporate all the terms and conditions of the IDIQ contract.

ii. Responses.

Awardees will be provided adequate time to prepare and submit responses based on the estimated dollar value and complexity of the proposed TO. The due date shall be set forth in each proposed TO.

Response instructions will be determined on a Task Order level. Responses could include, but are not limited to:

Staffing plan: names of personnel who will be working on the task order; their position title appropriate to their qualifications and effort to be contributed to the contract/task order effort including those of any subcontractors; and identification of key personnel.

Business proposal: Categories and amounts for labor, materials, travel, computer time, overhead and other direct costs are required.

i. The estimated direct labor dollars (broken out by hours and rates for each task on a Task Order Level) for each individual assigned to/ proposed for the task order. The hours and rates shall be appropriate for the labor category/position title of each individual proposed.

ii. Any applicable indirect loadings and fee shall be applied for cost reimbursement orders.

iii. Proposed travel (if applicable) broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination.

Cost detail shall be shown for all items including commercial transportation, daily per diem rates, personal mileage, daily car rental, etc.

iv. An explanation and basis shall be provided for each item of "Other Direct

Cost" proposed such as materials, reproduction costs, etc.

v. Conflict of Interest – Identify any potential, actual or apparent conflicts of interest and propose mitigation strategies.

Technical proposal: The Contractor may be requested to present its technical proposal in writing and/or orally and it shall include the following for each task order:

i. The contractor's understanding of the work described for each task order.

ii. The contractor's technical approach for accomplishing all the requirements of each task order.

iii. The contractor's interpretation of the final product being required.

iv. The technical presentation must include information on how you intend to organize, staff, and manage projects under this contract.

Additional information may be requested in individual TORPs.

Evaluation.

The Government will evaluate responses against selection criteria contained in the proposed task order.

Task Orders.

If the contractor does not have an accounting system that has been deemed adequate by their cognizant Agency for determining costs applicable to a cost reimbursement contract, the contractor may not submit a proposal for any cost reimbursement task orders (see Subsection K.11). Each order shall, at a minimum, provide the funding information and any task order specific requirements/terms/conditions (e.g., Paperwork Reduction Act clearance) such as;

Refer to the appropriate line item or line items under Section B of the IDIQ contract, or state from where the work falls under from Section C;

Set forth the specific level of effort and/or performance outcomes desired to be fulfilled under the task order;

Set forth delivery or performance dates;

Designate the Task Leader who will perform inspection and acceptance and past performance evaluation, as well as provide technical direction;

Set forth the accounting data; Set forth the disbursing office where payment is to be made if different than the IDIQ;

Set forth skill mix; skills required for a specific task order;

Set forth any other pertinent information. Unauthorized Work.

The Contractor is not authorized to commence task order performance prior to the issuance of a signed task order unless given written authorization by the Contracting Officer.

To the extent possible, the government may identify inherent conflict of interest between task orders, so that offerors may make business decisions on the RFP submissions. Per FAR 9.5, the contractor must identify any conflict of interest it believes exists regardless of any government identified conflict of interest. Conflict of interest will be addressed by the Contracting Officer per Far 9.5.

G.19 ON-RAMP/OFF-RAMP OF RMADA CONTRACTORS

In the event that one of the contractors awarded a RMADA IDIQ contract is no longer able to meet the terms and conditions of contract, ceases to function as a business, becomes ineligible due to a change in business structure, e.g. Novation, or becomes ineligible due debarment, the Government reserves the right to remove the vendor from the IDIQ contract vehicle. The Government shall then have the right to add a new vendor to the IDIQ so that the number of contractors meets the Government’s needs.

The Government will obtain the new vendor by means of a competition. The new contractor’s period of performance would begin at day of award and would conclude with the end of the original RMADA IDIQ period of performance, as determined from this umbrella contract.

G.20 OMBUDSMAN

The name and address of the agency task and delivery order ombudsman are:

Michelle Snyder Chief Operating Officer

7500 Security Blvd.

Baltimore, MD 21244

G.21 INDIRECT COST – PROVISIONAL RATES

a) Pursuant to the provisions of FAR 52.216-07 entitled "Allowable Cost & Payment," in Section I of this contract, the allowable Indirect Costs under this contract shall be obtained by applying the final rates or rates negotiated to the appropriate bases. The period or periods for which such rates will be established shall correspond to the Contractor's fiscal year(s). The final rate proposal is to be submitted to the Contracting Officer at:

Centers for Medicare and Medicaid Services

Acquisition and Grants Group Division of Support Contracts Attn: John Cruse 7500 Security Boulevard Baltimore, Maryland 21244-1850

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

(b) Pending establishment of final rates for any period, provisional reimbursement will be made on the basis of the provisional rates shown below. To prevent substantial over or under payment, provisional rates may, at the request of either party, be revised by mutual agreement. NOTE: Rates established below shall be used in all subsequent Task Orders.

TYPE COST CENTER RATE PERIOD RATE

BASE

Provisional Fringe (Regular) TBD% (A) Provisional Overhead (Regular) TBD% (B) Provisional Overhead (Site) TBD% (C) Provisional G&A TBD% (D) Provisional Subcontract/Material

Handling

TBD% (E)

Notes:

G.22 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) Facilities Capital Cost of Money

In accordance with HHSAR 315.404-4, when facilities capital cost of money is included as an item of cost, a reduction in profit objective shall be made in an amount equal to the amount of facilities capital cost of money proposed/claimed.