Section L.pdf

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

QUOTERS

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

FAR52.252-1 (FEB 1998)

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): http://farsite.hill.af.mil/.

Federal Acquisition Regulation (FAR) Clauses:

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

(JAN 2017)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT

2010)

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES—IDENTIFICATION

OF SUBCONTRACT EFFORT (OCT 2009)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (MAR 2015)

L.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were provided in full text. Upon request, the Contracting Officer will provide the information in full text. The full text of a clause is also available electronically at http://www.hhs.gov/policies/hhsar/.

352.215-70 LATE PROPOSALS AND REVISIONS (DEC 2015)

352.219-70 MENTOR-PROTÉGÉ PROGRAM (DEC 2015)

L.3 TYPE OF CONTRACT FAR 52.216-1 (APR 1984)

The Government contemplates award of multiple IDIQ contracts with provisions for pricing arrangements including, but not limited to, firm fixed price, cost-plus-fixed-fee, time and materials, and labor hour. Specific tasks and/or work to be performed, will be detailed in, and solicited by, individual Task Orders issued under this IDIQ contract.

L.4 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

AND SMALL BUSINESS STANDARD

A. The NAICS code for this acquisition is 541720.

B. The small business size standard is $28 million.

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

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Centers for Medicare & Medicaid Services ATTN: John Cruse, Contracting Officer 7500 Security Boulevard Baltimore, MD 21244 (410)786-0520

John.Cruse@cms.hhs.gov

AND

RMADA3@cms.hhs.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.6 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY

NOTICE HHSAR 352.239-73 (DEC 2015)

A. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

B. Accordingly, any RMADA 3 IDIQ awardee responding to task order solicitations must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

C. The Section 508 accessibility standards applicable to task order solicitations will be stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, Offerors will be required to submit an HHS Section 508 Product Assessment Template as part of their task order proposals, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows Offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, Offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

D. Respondents to task order solicitations must identify any exception to Section 508 requirements. If a Offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

L.7 GENERAL PROPOSAL INSTRUCTIONS FOR A MULTIPLE AWARD IDIQ

CONTRACT AND TASK ORDERS

This solicitation includes instructions for submission of a proposal for a multiple award

Indefinite Delivery Indefinite Quantity IDIQ contract.

Award of the IDIQ contract will be made based on the Offeror’s ability to respond to all questions in Section L.8.

The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this solicitation.

The proposal shall be compliant with the requirements as stated. To be considered for award, the Offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with all proposal instructions. Proposals that do not comply may be considered nonresponsive, and may render the Offeror ineligible for award. The Government reserves the right to reject any proposal that does not comply with proposal preparation instructions.

L.8 SPECIAL INSTRUCTIONS

This request for proposal consists of a request for one technical proposal, one business proposal, and other administrative data as follows:

1 – Technical proposal for the IDIQ 2 – Business Proposal 3 – Other Administrative Data

A. Submission of Questions

All technical questions concerning this Request for Proposal shall be submitted electronically via e-mail to RMADA3@cms.hhs.gov, no later than February 27, 2025, by 10:00a.m. prevailing Baltimore, MD time. Questions submitted to any other e-mail address, by telephone, or verbally will not be honored.

Submission of questions shall include at a minimum: Company Name, Address, Point of Contact, and Email and Phone Number for the Point of Contact. Offerors shall, as part of their question(s), adhere to the format provided for in Attachment J.3-Question Submission Template, including: cite the specific solicitation Section, paragraph, subparagraph (if applicable) and page number (e.g., page 23).

All questions shall be submitted in one email, as an attachment in Microsoft Excel, using the format provided in Attachment J.3-Question Submission Template. Refer to Attachment J.3, Question Submission Template.

B. Posting of Questions and responses

CMS will respond to relevant questions by amendment to this solicitation, with copies of both the questions and answers being supplied to all prospective Offerors via SAM.gov, without reference as to the originating source. Offerors will not be notified individually.

All Offerors are responsible for checking the website for additional information and amendments that may be issued to the solicitation. Additionally, CMS reserves the right to determine the relevancy of questions.

C. Notice of Intent to Submit Proposals

Offerors that intend to submit a proposal in response to this solicitation are requested to submit a Notice of Intent to Submit a Proposal. Each notice shall be submitted in a separate e-mail with an appropriate subject title, i.e. “RMADA 3 Intent to Submit for [Vendor X]” to RMADA3@cms.hhs.gov no later than March 20, 2025. Please be advised that an intent to submit a proposal is not binding on the Offeror and is for planning/scheduling purposes only. In addition, an Offeror that submits a negative intent or does not submit an intent is not precluded from submitting a proposal.

D. Number of Proposals in the Competitive Range for the RMADA 3

Pursuant to FAR 15.306(c)(2) and FAR 52.215-1 (f)(4), the Government may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

L.9 PROPOSAL ORGANIZATION AND CONTENT

Cover Letter: Offeror Information & Executive Summary Volume I: IDIQ Technical Proposal Volume II: Business Proposal

Volume III: Other Administrative Data

Proposals shall be submitted via email to RMADA3@cms.hhs.gov no later than March 27, 2025, by 10:00a.m. prevailing Baltimore, MD time.

Offerors are responsible for submitting proposals so that they are received by the time specified. Based upon the size of the electronic submissions, Offerors are advised that the Agency often holds transfer of large documents to after core work hours, so as not to disrupt the normal flow of business. Therefore, it is recommended that Offerors account for possible delay and provide additional transmission time.

Please Note: If a subcontractor submits a proposal in a separate e-mail, the e-mail must clearly identify the prime Offeror.

Specifications for electronic submissions:

1. All files shall be compatible with Microsoft Office 2010 or later versions.

2. Each page shall contain a header or footer with the Offeror’s corporate name (or initials), volume number, and page number.

3. Based upon size of potential proposals, Offerors may find it necessary to submit multiple emails. Each email must indicate the solicitation number and total number of emails being submitted.

4. Each of the volumes shall be separate and complete so that the evaluations are independent of each other. The technical proposal must not contain reference to price/cost; however, resource information such as data concerning labor hours and categories, subcontracts, etc., may be contained in the technical proposal so that Offeror’s understanding of the scope of the work may be evaluated.

SECTION CONTENTS FORMAT & PAGE

LENGTH

EMAIL SUBMISSION

TITLE

Cover Letter

1) Cover Page:

Solicitation number Offeror’s legal name and address Name, phone number and email of primary contact DUNS Number Business Size Affirmation that Offeror is registered in SAM with the applicable NAICS Code

Addresses compliance to all RFP requirements and instructions to include any exceptions to the Terms and Conditions of the solicitation and be signed by an officer of the Offeror that is authorized to bind the Offeror's company

PDF Format; the Cover Page shall be a single page, and the Executive Summary shall be no more than three (3) pages in total. A Table of Contents shall be no more than two (2) pages in total should an Offeror decide to include a TOC.

Offerors may include an appendix to this Section to address in detail any exceptions to the Terms and

RMADA 3 Proposal- Cover Page (email # of #)

Affirmation that the Offeror’s proposal is valid for 180 days from the proposal due date.

All authors of the proposal, inclusive of Volume I.

2) Executive Summary shall include (1) why the

Offeror is best suited for the RMADA 3 and (2) how the Offeror is going to address all RMADA 3 requirements listed in Section C.3 of this RFP

(IDIQ SOW)

3) Table of Contents (discretionary)

Conditions, which is excluded from the page limits.

Volume I IDIQ Technical Proposal

1. Technical Approach to CMS’ Effort

2. Personnel/Skill Mix

3. Management Plan

4. Past Performance

PDF Format;

(60) single-spaced pages excluding vitae/resumes and past performance submissions.

Vitae/resumes and any Past Performance Questionnaire attachment submissions shall be included as an appendix to Volume I.

RMADA 3 Proposal- Volume I (email # of #)

Volume II Business Proposal

1. IDIQ Labor Categories and Rates

2. Indirect Cost Rate Agreement, Forward Pricing Rate Agreements and Rate History

3. CAS Disclosure Statement;

4. Approved Accounting System

5. Uncompensated Overtime (FAR 52.237-10)

6. Total Compensation Plan

(FAR 52.222-46)

The narrative shall be in PDF Format. No page limit.

RMADA 3 Proposal- Volume II (email # of

Volume III Other Administrative Data

1. Business Ethics, Conflict Of Interest and Compliance;

2. Contract Form and Representation and Certifications;

3. Subcontractor/ Consultant Information;

including Consent to Subcontract forms.

4. Small Business Subcontracting Plan

PDF Format; no page limit.

RMADA 3 Proposal- Volume III (email # of

L.10 TECHNICAL PROPOSAL INSTRUCTIONS FOR IDIQ (VOLUME I)

Volume I: IDIQ Technical Proposal Technical Proposal Format

1. Technical Approach

2. Personnel/Skill Mix

3. Management Plan

4. Past Performance

Offerors are cautioned that any pages exceeding the aforementioned page limit will not be reviewed or evaluated. The following establishes the acceptable minimum requirements for the format and content of proposals.

1. Technical Approach

The Offeror shall make a clear and concise presentation of the technical approach. This approach should demonstrate an understanding of all aspects of the scope of work. The Offeror shall provide sufficient detail in the proposal to indicate a technical understanding of, and capability for performing all aspects of the SOW. Proposals which merely restate the work in accordance with or as set forth in the SOW will not be eligible for award. Proposals must explain the proposed technical approach in conjunction with the project objectives, the tasks to be performed, and the expected outcomes.

The Offeror shall make a clear concise responses to each of the following questions covering the three (3) major areas of the Statement of Work

A. Implementation

i. Model Attribution

Many models, including primary care and some specialty-focused models, use an attribution algorithm to align beneficiaries to model participants.

Model participants are often identified at the TIN level. In a scenario where no overlaps are allowed with other models or programs, and beneficiaries are attributed through a process of prioritized claims, voluntary alignment, and a plurality of identified services, please describe the steps necessary to attribute beneficiaries to model participants, including all process steps and a description of the necessary data sources.

ii. Model Overlap

Model participants (TIN) level are paid in a model based on historical fee for services billing for a certain set of codes. Model payments are intended to be a monthly capitated rate and are intended to keep pace with changes to codes and rates, as well as increases in utilization. Model payment rebasing should occur at an annual frequency. What data would need to be assessed to determine an updated rate? What additional factors should be considered when making updates to model payment rates?

iii. Model Payments

Many CMMI models now utilize risk adjustment factors such as dual eligible status, Area Deprivation Index, LIS status, and other adjusters to ensure payments are adequate to providers who care for underserved beneficiaries. What options would you consider for risk adjustment and what are the advantages and disadvantages of each approach?

Most CMMI models that capture total-cost-of-care or set a target price for a set of services employ trend factors to ensure that benchmarks and targets appropriately account for changes in health care services. Models employ retrospective and prospective targets, and there has been recent consideration of administrative-based benchmarking as well. What are the features of each of these approaches as they relate to setting prices for different types of models, and what other considerations should CMS have with regard to this topic? How would you go about analyzing which trending approach would make the most sense for a given model type and what features of the model would be most important to consider?

iv. Quality Methodology

Model teams collect a variety of quality and performance metrics. This requires contractors to havethe capabilities to calculate and guide participants on measure specifications, formatting, and submission, including utilizing claims for data calculation. Please describe the tools, processes,and resources you would use to accurately calculate quality measures.

How would you go about designing a methodology to link quality performance to payment? How might this need to be designed differently for different types of models (such as primary care, episode based payment, oncology or other specialty models) and the different considerations related to timing, data sources, and other relevant information?

v. Monitoring Activities

Describe how you would go out setting up a monitoring plan for a mandatory episode-based payment model. What types of activities would the monitoring plan encompass, what data would be required, and what potential roadblocks or policy issues would you encounter in carrying out the plan?

vi. Business Requirements

Contractors frequently need to build, maintain, and update business requirements for managing key model systems and portals. Please describe your approach for finalizing and managing business requirements in the case where there are missing, unclear or incomplete requirements.

vii. Project Management

Project management is critical to ensuring seamless development, implementation, and evaluation of models. Please describe your project management approach, including version control for Requirement Management Documentation, facilitating policy discussions with model teams, contributing to recommendations in cases of escalated decision memos, guidance/comms materials for sharing finalized policy internally (model teams, cross-contractor, cross-systems) and externally (applicants, existing participants, stakeholders), approach to User Acceptance Testing (UAT) in terms of file lay-out/exchange/usage, etc.

B. Evaluation

i. Qualitative

Among those leading primary data collection, what graduate-level training and empirical experience do proposed staff have in qualitative methods specifically (not survey research)? Please identify competencies in methods, sampling, theoretical frameworks, and approaches to coding.

Identify planned avenues for sharing primary data with CMS in accessible formats.

ii. Surveys

If the contractor is proposing surveys, what is the plan to obtain a representative response rate while remaining cost efficient?

iii. Comparison Groups

How will you handle developing comparison groups when considering:

(1) model-specific contexts, such as unobservable selection bias among participants, especially when they are selected based on clinical judgement; (2) broader healthcare trends such as Medicare Advantage penetration or presence of models or programs that overlap with a specific model of interest; and (3) for models that include Medicaid patients, how to account for program differences among states when out-of-state comparators are needed.

iv. Cross-Model Considerations

As part of its specialty strategy, CMMI began in February 2024 providing shadow bundles data to accountable care organizations (ACOs) in the Medicare Shared Savings Program (MSSP) and the ACO Realizing Equity, Access, and Community Health (REACH) model. With this tool, CMMI intends to support access to high-quality, integrated specialty care across the patient journey—both within longitudinal and procedural or acute service delivery and payment frameworks.

How would you approach evaluating shadow bundles data provision under the following two distinct scenarios?

1. As a stand-alone evaluation, as most of CMMI model evaluations have been to date

2. As a coordinated cross-model evaluation, where you will have the opportunity to coordinate with active evaluation contracts of relevant models through their annual evaluation design processes.

v. Integrating Findings and Comprehensive Reporting

How do teams in your organization with different methodological expertise communicate and collaborate to ensure integrated methodological design, analysis, and final products? How do you ensure that subcontractor tasks and work are well integrated into the overall design plan, analysis, and final products?

Describe how you define care delivery transformation as it relates to how CMMI models affect (1) the practices of model participants and (2) the broader health care environment. How will you use different data streams to assess care delivery transformation in addition to consideration of process and outcomes?

Models increasingly emphasize outcomes captured outside non-claims data, such as HRSN screening results or clinical markers captured via ECQMs. Describe your approach to incorporating these data into evaluation design and analysis. Please include specific examples of CMMI models, and how you would think about approaching the evaluation of their key non-claims outcomes and/or your organization’s prior experience in this regard from other contexts.

How will you ensure plain-language writing that conveys findings to broad audiences in terms of interest as well as readability? How will you convey best practices and possible actions?

C. Learning and Diffusion

i. Describe your experience and potential approach to join existing, community-led convenings and coalitions to support participants in identifying and moving towards shared aims for healthcare transformation. These approaches should be informed by a Collective Impact lens. Please share information specific to the following:

1. Experience and approach to building relationships with local conveners not under direct control of the vendor;

2. Experience and approach to engaging with diverse coalitions and working towards a shared priority (e.g., coalitions that bring together community-based organizations and health care provider organizations; payers and health systems; researchers and patient advocates).

ii. Describe your experience and potential approach to building a national learning system network across different models with shared incentives and milestones (e.g., connecting primary and specialty care models; state-based and provider-based models). In addition to different model requirements, participants may vary by type and size, geography/local policy context, levels of sophistication and resourcing.

iii. Describe your experience and potential approach to conducting data-driven and systematic identification and dissemination of strategies and tactics supporting participant success. Include details related to:

1. Utilizing a defined, quantitative process to rapidly identify generalizable participant activities and implementation approaches that enable success;

2. Developing and executing approaches to rapidly disseminate high-quality information to the field (including participants and the public) to inform broad-scale quality improvement (e.g., creating toolkits, change packages, guides);

3. Managing and updating learning resources (e.g., toolkits, change packages, guides) over time to remain accurate and current with the latest available information.

iv. Describe your experience engaging with payers and supporting alignment between payers and other parties. How would you support CMMI goals of multi-payer alignment (e.g., Medicare FFS, Medicare Advantage, Medicaid, commercial and marketplace) around key model components such as shared quality measures, practice supports, and uptake of alternative payment models.

v. Describe your past experiences in and capacity to support in-person and hybrid (in-person and virtual) meetings and conferences. Include details specific to:

1. Developing and executing national and regional meetings of varying sizes and lengths;

2. Coordinating with federal leadership and across agency components to identify topics, develop content, and prepare speakers;

3. Managing meeting logistics including audio-visual technology, identifying and contracting with meeting venues, etc.

4. Identifying and leveraging cost efficiencies and opportunities for maximizing value associated with Government and attendee expenses.

vi. Describe your experiences and internal expertise with developing model recruitment and engagement strategies to increase interest from states, practices/providers, ACOs, hospitals and health care systems in CMMI models. Please include specific information on how you would provide expert support for:

1. Market and landscape analyses to summarize existing contexts and climates that may influence participant/awardee needs and considerations for participation;

2. Analysis of model recruitment ‘footprint’ or reach, particularly with regard to providing insights toward more effectively reaching safety net provider organizations and communities that have not typically engaged in CMMI models despite potential to benefit;

3. Development of content, technical assistance and informational materials to help CMMI engage potential participants, provide education about models and model participation, and build engagement in model application.

vii. Describe your expertise and potential approach to increasing CMMI engagement with key interested parties to better understand unmet needs and potential areas for consideration during model development and build relationships. Please include information specific to the following key audiences:

1. Beneficiaries / families

2. Plans and purchasers

3. Healthcare delivery systems

4. Other industry, policy, advocacy orgs

viii. Describe your understanding of the current health care transformation landscape including key audiences to engage for broad adoption and coordination around APMs. What is your experience working with these types of entities, and how would you approach increasing participation of major stakeholders in a public-private partnership. Please apply this information specifically as it applies to the Health Care Payment Learning & Action Network.

1. Driving consensus around and adoption of APMs and accountable care

2. Increasing participation and engagement with executives and key decision-makers relevant to the national health care landscape

3. Development of events and materials for public dissemination to support awareness of APMs to provide education and increase the uptake of information and shared action around APM adoption.

2. Personnel/Skill Mix

The Offeror should identify its proposed key personnel and include educational background, professional experience, and special qualifications directly related to the requirement. The information should also state if key individuals are employees of the prime contractor, employees of a proposed subcontractor, or a consultant; and how they will be integrated organizationally, and their proposed responsibilities.

At a minimum, Key Personnel for the IDIQ shall include:

A. Program Director

The Program Director shall be employed by the prime Contractor. The

Contractor must ensure contractual requirements in accordance with HHSAR 352.237-75.

B. As identified by the Offeror, other key personnel and essential staff

Describe functions and duties Provide (in an appendix) a current resume indicating relevant specific experience and education.

For persons who would be categorized as “a planned hire”, the Offeror must provide documentation detailing the type of commitment (such as a letter of commitment) for each person.

The author(s) of the proposal must be identified in the Cover Letter.

3. Management Plan

The Offeror shall describe how the organization will organize and manage the overall IDIQ contract as well as how tasks order awards will be managed at a global level, and what management control and coordination tools will be used to assure the timely and successful oversight and conduct of all awarded task orders.

The plan should also address the process to handle task orders that may occur simultaneously. It should include: resource allocations, milestone measures by task orders, and a plan for overseeing and controlling all aspects of performance by the prime, by subcontractors, and by various consultants. The plan should also describe the lines of communication among all of the responsible partners, and clearly identify and associate staff leads and time estimates with critical path tasks. Additionally, the plan shall also address how the prime contractor will monitor subcontract COIs for the entire duration of the IDIQ and any task orders.

The following information shall also be included:

a) If the Offeror has existing contracts with the Centers for Medicare and Medicaid Services or other private or Government Agencies for the same or similar services described in Section C of this RFP:

o What are the common difficulties that your organization has faced with performing these types of tasks?

o How has your organization worked proactively from one effort to another to avoid these problems?

o What is your plan of action for any unforeseen obstacles that may arise?

b) If your organization were to be awarded one of the IDIQ contracts, what would be your organization’s position on which task orders to submit proposals in consideration of resources, conflicts of interest, etc.

c) Based on your organization’s understanding of Section C of the RFP, what are the outcomes that CMS is looking to achieve at a global level under this

RMADA3.

4. Past Performance

A. Definitions:

Relevant – Relevant past performance information is described in FAR 42.1501, General. For the purposes of this solicitation, ‘relevant’ is also past performance information which is similar in size, scope and complexity to this contract.

Significant Subcontractor – A subcontractor performing major or critical aspects of the requirements relevant to the prospective contract.

B. Instructions

The Offeror shall demonstrate satisfactory performance on current and completed contracts within the last three (3) years. Within the last 3 years may mean any contract that has started in the last 3 years or was/is in a continuing status within the last 3 years. It does not refer to any contract that ended more than 3 years prior to the date of submission. This is not a request for a complete listing of contracts.

All contracts included as past performance must be related and relevant to the SOW in size and scope. Offerors shall submit information as part of their proposal for both the Offeror and proposed significant subcontractors.

The relevant past performance information shall be supplied in a list format along with a brief summary of the relevance the contract has to the RMADA 3 IDIQ SOW. The contracts, subcontracts and task/purchase orders may be with CMS, other federal government agencies, state agencies, local government and/or commercial firms for the same or similar services required by this solicitation.

The list of directly related projects/contracts shall cover at least the last 6 months, but not more than the most recent 3 years.

When providing CPARS information:

Provide the contract number, order number and the period of performance so that a CPARS record may be located.

When providing non-CMS and/or non-CPARS information, the Offeror shall provide the following:

Name of Contracting Activity Contract Number and Task Order Number, if applicable Contract Type Period of Performance Total Contract Value Brief Contract Description Contracting Officer/Contact Person, Address and Telephone Program Manager and Telephone Key Project Staff Information on Problems Encountered and Offeror's Corrective Action (if applicable) The Offeror shall identify the methods and outcomes of its evaluation of proposed subcontractors.

The below table should be used when providing a list of the past performance information:

Customer/

Agency

Contract No./

Order No.

POC Total Contract Value

Period of Performance

Description of Services

Relevance Other

CMS utilizes the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS) for recording and storing all CMS Contractor performance evaluations. CMS will access CPARS and PPIRS for all relevant CMS performance history, if available;

Therefore, Offerors shall not submit Past Performance information pertaining to performance completed as the prime contractor under the existing RMADA IDIQ.

However, Offerors should identify relevant Non-RMADA CMS Past Performance information in its written proposal.

Offerors are reminded that they are responsible for ensuring that accurate information is provided with the reference material, including up-to-date telephone numbers and points of contact.

Past Performance information will be used for both the responsibility determination and as an evaluation factor when determining best value to the Government.

The Government is not required to contact all references provided by the Offeror.

Also, references other than those identified by the Offeror may be contacted by the Government to obtain additional information that will be used to evaluate the Offeror’s past performance.

Limit the number of Non-CMS related past performance references to six (6) for the prime Offeror and three (3) for each significant subcontractor.

Attachment J.4, Past Performance Questionnaire, shall be submitted by the prime Offeror and significant subcontractors for each past performance reference that is not available in CPARS/PPIRS.

L.11 BUSINESS PROPOSAL (Volume II)

1. IDIQ Labor Categories For labor categories anticipated at the IDIQ level, please identify the appropriate labor category and rates for each category determined to be relevant to perform the functions of the Statement of Work

2. Indirect Cost Rate Agreement, Forward Pricing Rate Agreements and Rate History

The Offeror shall provide a copy of any forward pricing rate agreements and/or Government approved provisional indirect cost rate agreements used in pricing herein.

If the Offeror has no prior history of Government approved indirect cost rates, then supporting documentation consisting of the following shall be provided:

1. The last two years of actual indirect rates with a rate schedule showing both the pool (by cost centers) and base of allocation for each indirect rate.

2. Provide budgeted out-year indirect rates with sufficient detail to support the basis of estimate for each cost center in the overheard pool. The indirect bases should be in line with anticipated future work.

3. CAS Disclosure Statement

Offerors shall submit a Disclosure Statement in accordance with FAR Part 30 and FAR 52.230-1. If Offeror’s Cost Accounting Standards (CAS) Disclosure Statement has previously been considered adequate, the Offeror may satisfy the requirement for submission by providing the information requested in paragraph

(c) of Part I of FAR 52.230-1.

4. Instructions for Submitting Accounting System Information (June 2018)

An Offeror will only be eligible for award if, at the time of proposal submission, its accounting system is either acceptable for award of a prospective contract (as recommended by a preaward accounting system survey/audit or as determined by a Contracting Officer), or adequate for accumulating and billing costs government contracts (as recommended by a postaward accounting system audit or as determined by a Contracting Officer).

The Offeror must select one of the following four options, listed in descending order of preference, and provide copies of the document(s) stated in that option in Volume III, Other Administrative Data.

(1) A written determination by a Federal Government Contracting

Officer that the Offeror’s accounting system is acceptable for award of a prospective contract or adequate for accumulating and billing costs on Government contracts, or

(2) A post-award accounting system audit performed by a Federal Government Agency, finding the Offeror’s accounting system adequate for accumulating and billing costs on Government contracts, or

(3) A pre-award accounting system audit performed by a Federal Government Agency (such as the Defense Contract Audit Agency) finding the Offeror’s accounting system acceptable for award of a prospective contract, or

(4) A Standard Form (SF) 1408, Preaward Survey of Prospective Contractor - Accounting System, completed and signed by an independent Certified Public Accountant (CPA) Firm, recommending that the Offeror’s accounting system is acceptable for award of a prospective contract. All documentation must be dated within three years of proposal submission. The SF 1408 can be found at: https://www.gsa.gov/reference/forms/preaward-survey-of-prospective-contractor-accounting-system

Proposals that do not include all documentation required for the above option selected by the Offeror may not be further considered for award.

5. Uncompensated Overtime (FAR 52.237-10)

The Offeror is required to include a copy of its policy on “uncompensated overtime” with its proposal. Uncompensated overtime is defined as “hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act.”

6. Total Compensation Plan (FAR 52.222-46)

The Offeror shall submit a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract.

Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

L.12 Other Administrative Data (VOLUME III) (NO PAGE LIMIT)

1. Business Ethics, Conflicts of Interest and Compliance Proposal Submission Instructions To the extent that the Offeror (including proposed subcontractors) identify any pre-award organizational or personal business, investment or other interest that could give rise to an Organizational/Personal Conflict of Interest (hereinafter collectively or individually referred to as COI) on the contract resulting from this solicitation, the Offeror (including proposed subcontractors) shall explain the actions it intends to use to address such COIs, e.g., by submitting a mitigation plan and/or accepting a limitation on future contracting. Discretion rests with the Contracting Officer to determine whether a COI exists and whether it has been adequately addressed. If the Offeror believes that a COI must be disclosed, it shall refer to Attachments J.6 and J.7 for guidance, as identified in Section H.3 Business Ethics, Conflicts of Interest and Compliance.

In accordance with Section H.1 of the solicitation, the offeror shall complete and submit Attachment J.6 and J.7 Contractor/Offeror Conflict of Interest as Volume

III, with its proposal (or a document containing similar information). A response must be provided for all sections of the form even if no conflict exists. The Prime Contractor/Offeror shall conduct an analysis of each of its subcontractors’ COI submissions (attachment J.6 or similar information) in order to ensure that the subcontractor can perform services conflict-free. The Prime Contractor/Offeror shall include each of its subcontractors’ analysis with its proposal. The Prime Contractor shall not submit the underlying J.6 for subcontractor disclosures to CMS, however, the Contracting Officer may request a copy of the subcontractor submission.

2. Contract Form and Representation and Certifications

The SF33 and the Representations and Certifications contained in Section K must be executed by an official authorized to bind the Offeror and provided by the Prime Contractor and subcontractors. In addition, Sections G of the solicitation shall be completed where applicable.

3. Subcontractor/Consultant Information

Offeror shall include the following information for subcontractors.

a) Attachment J.2_Consent to Subcontract

b) A statement as to the adequacy of the subcontractor’s accounting system, with supporting documentation. In accordance with Section VII, Instructions for Submitting Accounting System Information, below, include documentation of the subcontractor’s an adequate accounting system. If a subcontractor does not have an adequate accounting system, the subcontractor will be unable to be awarded cost reimbursement subcontracts until their accounting system is deemed adequate.

c) Proposed indirect forward pricing rates with supporting documentation detailing how the rates are calculated. Provide schedules for each indirect rate pool proposed showing expenses by general ledger account, as well as the related allocation base for each pool.

d) If the subcontractor is required to submit a Cost Accounting Standards (CAS) Disclosure Statement, has this been done and has the submitted disclosure statement been reviewed for adequacy and compliance? Please identify the agency that made the determination and copy of the adequacy and compliance determination.

e) Provide subcontractor responsibility determinations pursuant to FAR 9.104-4(a), including a statement as to whether the proposed subcontractor is on the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

4. Small Business Subcontracting Plan

In accordance with FAR 19.702, each large business offeror shall submit a completed Small Business Subcontracting Plan (as provided in Attachment J.1).

For this procurement, HHS expects all proposed subcontracting plans to contain at a minimum the percentages as identified in Section G.11.

Please note that the small business subcontracting goals reflect a percentage of the total subcontracting opportunities included in your proposal. Please understand that the Small Business Administration will not approve of your small business subcontracting plan, if you propose less than the stated goals.

Additionally, please be aware that the Small Business Administration expects all contractors to provide documentation as to how they plan on meeting the stated goals (i.e. contacted small business counsels, etc.)