Solicitation RFP 75FCMC23R0010.pdf

75FCMC23R0010

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 94

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

01/04/2023 X

MSCG - DMPC

CMS,OAGM,MSCG,DMPC

7500 SECURITY BLVD., MS: B3-30-03

BALTIMORE MD 21244-1850

1200 ES 02/06/2023

Clotie Hopkins 410 clotie.hopkins@cms.hhs.go v786-0348

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Rico Batte

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1 - 5 6 - 9

13 - 14 15 - 25 26 - 47

48 - 56

58 - 72

73 - 90

91 - 94

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 94

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75FCMC23R0010

(A) (B) (C) (D) (E) (F)

Period of Performance: 04/04/2023 to 04/03/2024

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

75FCMC23R0010 Workers’ Compensation Review Contractors

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SERVICES

B.2 TYPE OF CONTRACT/PRICE/PAYMENT

B.3 SCHEDULE OF SERVICES

B.4 WITHHOLDING OF CONTRACT PAYMENTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

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

E.2 APROVALS BY THE CONTRACTING OFFICER’S REPRESENTATIVE (COR)

SECTION F – DELIVERIES OR PERFORMANCE

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

F.2 PERIOD OF PERFORMANCE (JAN 2014)

F.3 DELIVERABLES

F.4 PLACE OF PEROFRMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

G.2 DISSEMINATION, PUBLICATION & DISTRIBUTION OF INFORMATION

G.3 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (SEPT 2021)

G.4 PROPERTY ADMINISTRATION

G.5 PAYMENTS-INVOICES-(RECONCILED CONTRACTS (AUG 2020)

G.6 CORRESPONDENCE PROCEDURES

G.7 DATA TO BE DELIVERED

G.8 USE OF GOVERNMENT DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS)

G.9 TRAVEL

G.10 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

G.11 CONTRACTOR WORK PERFORMED OUTSIDE THE UNITED STATES AND ITS

TERRITORIES (APR 2016)

SECTION H- SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE (DEC 2015)

H.2 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT)

H.3 HIPAA BUSINESS ASSOCIATE CLAUSE (OCT 2014)

H.4 HHSAR 352.211-3 PAPERWORK REDUCTION ACT (DEC 2015)

H.5 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

H.6 CMS INFORMATION SECURITY (APR 2013)

H.7 CONTRACTOR TERMINATION CMS BUILDING PASS

H.8 RESTRICTION AGAINST DISCLOSURE

H.9 MONITORING

H.10 OPEN GOVERNMENT PROACTIVE PRE-DISCLOSURE NOTIFICATION

(OCT 2013)

H.11 CMS SECURITY CLAUSE

SECTION I – CONTRACT CLAUSES

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

I.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATIONS (HHSAR) CLAUSES INCORPORATED BY REFERENCE

I.3 FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.6 FAR 52.219-17 - SECTION 8(a) AWARD (DEC 1996) I.7 FAR 52.219-18 - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

CONCERNS (JUNE 2003)

I.8 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.9 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

I.10 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

I.11 HHSAR 352.239-74 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBILITY (DEC 2015)

SECTION J – LIST OF ATTACHMENTS

J.1 APPENDIX A - STATEMENT OF WORK 2022QUOTE INSTRUCTIONS AND

EVALUATION CRITERIA

J.2 APPENDIX B - WCCCSUSERGUIDE V6.3

J.3 APPENDIX C - WCRC MONTHLY PROGRESS REPORT EXAMPLE

J.4 APPENDIX D - Q&A TEMPLATE

J.5 APPENDIX E- WCMSA REF GUIDE V3-6_031522

J.6 APPENDIX F - WCRC COST TEMPLATE

J.7 CONTRACTOR-BUSINESS-ETHICS-COI-AND-COMPLIANCE-PROGRAM-

REQUIREMENTS JAN 2019

J.8 CONTRACTOR OFFEROR CONFLICT OF INTEREST

J.9 PAST PERFORMANCE QUESTIONNAIRE

J.10 PROPOSAL INSTRUCTIONS AND EVALUATION CRITERIA

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

K.1 TO BE COMPLETED BY THE OFFEROR: [THE REPRENTATIONS AND

CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL AUTHGORIZED

TO BIND THE OFFEROR]

K.2 FAR 52.203-2 CERTIFICATED OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2016)

K.4 FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

(FEB 1999)

K.5 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.6 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA RESTRICTED

COMPUTER SOFTWARE (DEC 2007)

K.7 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

K.8 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

K.9 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

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

QUOTERS

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

(FEB 1998)

L.2 NAICS CODE AND SMALL BUSINESS STANDARD

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

(JAN 2004)

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

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

L.6 HHSAR 352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBILITY NOTICE (DEC 2015)

L.7 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES – CONTRACT AWARD

L.8 COMMUNICATIONS PRIOR TO CONTRACT AWARD

L.9 GENERAL INSTRUCITONS

L.10 PROPOSAL ORGANIZATION

L.11 VOLUME I: TECHNICAL PROPOSAL INSTRUCTIONS

L.12 VOLUME II: BUSINESS PROPOSAL INSTRUCTIONS

L.13 VOLUME III: BUSINESS ETHICS, CONFLICT OF INTEREST AND COMPLIANCE

INSTRUCTIONS

L.14 PROPOSAL ASSUMPTIONS

SECTION M – EVALUATION FACTORS FOR AWARD

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

(FEB 1998)

M.2 GENERAL PROCEDURES FOR AWARD OF CONRACTS

M.3 EVALUATION OF VOLUME I: TECHNICAL PROPOSAL

M.4 EVALUATION OF VOLUME II: BUSINESS PROPOSAL

M.5 EVALUATION OF VOLUME III: BUSINESS ETHICS, CONFLICT OF INTEREST

AND COMPLIANCE

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 DESCRIPTION OF SERVICES

The Workers’ Compensation Review Contractor (WCRC) shall, in accordance with CMS guidelines, evaluate Workers’ Compensation Medicare Set-aside Arrangement (WCMSA) proposals and project the future medical costs, including prescription drugs, related to the workers’ compensation (WC) injury, illness, or disease that would be otherwise reimbursable by Medicare.

B.2 TYPE OF CONTRACT/PRICE/PAYMENT

Payment and billing under this fixed price contract shall be based upon the contract line item numbers (CLIN) and sub-contract line item numbers (SLIN) in the table below. Accordingly, each invoice shall specify the SLIN being billed in addition to the number of units (if applicable) being billed and the unit price. Travel cost billed shall be supported with receipts.

B.3 SCHEDULE OF SERVICES

Base Year Transition (April 4, 2023-July 3, 2023).

Quantity (# of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0001 Price Per WCMSA Recommendation

SLIN

0001AA Transition Activities* $ -

Base Year (July 4, 2023 – April 3, 2024).

of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0002 Price Per WCMSA Recommendation

SLIN

0002AA WCMSA Recommendations - MIP

14,400 $ - $ -

SLIN

0002AB WCMSA Recommendations - Part D

14,000 $ - $ -

SLIN 0002AC Optional WCMSA Recomm Additional Quantity -

MIP

3,000 $ - $ -

0002AD

Optional WCMSA Recomm Additional Quantity - Part D

SLIN 0002AE Optional WCMSA Recomm Additional Quantity -

SLIN 0002AF Optional WCMSA Recomm Additional Quantity -

Total $ -

CLIN 0003 Option Year 1 (April 4, 2024- April 3, 2025).

of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0003 Price Per WCMSA Recommendation

SLIN

0003AA WCMSA Recommendations - MIP

19,200 $ - $ -

SLIN

0003AB WCMSA Recommendations - Part D

19,200 $ - $ -

SLIN 0003AC Optional WCMSA Recomm Additional Quantity -

0003AD

SLIN 0003AE Optional WCMSA Recomm Additional Quantity -

SLIN 0003AF Optional WCMSA Recomm Additional Quantity -

Optional NGHP Price Per LMSA Recommendation

SLIN 0003AK Optional LMSA & NFMSA Recomm - MIP 1,000 $ - $ -

SLIN 0003AL Optional LMSA & NFMSA Recomm- Part D 1,000 $ - $ -

SLIN

0003AM

Optional LMSA & NFMSA Recomm Additional Quantity - MIP

0003AN

Quantity- Part D

CLIN 0004 Option Year 2 (April 4, 2025- April 3, 2026).

of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0004 Price Per WCMSA Recommendation

SLIN

0004AA WCMSA Recommendations - MIP

19,200 $ - $ -

SLIN

0004AB WCMSA Recommendations - Part D

19,200 $ - $ -

SLIN 0004AC Optional WCMSA Recomm Additional Quantity -

0004AD

SLIN 0004AE Optional WCMSA Recomm Additional Quantity -

SLIN 0004AF Optional WCMSA Recomm Additional Quantity -

Recommendation

SLIN 0004AK Optional LMSA & NFMSA Recomm - MIP 1,000 $ - $ -

SLIN 0004AL Optional LMSA & NFMSA Recomm- Part D 1,000 $ - $ -

SLIN

0004AM

0004AN

CLIN 0005 Option Year 3 (April 4, 2026- April 3, 2027).

of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0005 Price Per WCMSA Recommendation

SLIN

0005AA WCMSA Recommendations - MIP

19,200 $ - $ -

SLIN

0005AB WCMSA Recommendations - Part D

19,200 $ - $ -

SLIN 0005AC Optional WCMSA Recomm Additional Quantity -

0005AD

SLIN 0005AE Optional WCMSA Recomm Additional Quantity -

SLIN 0005AF Optional WCMSA Recomm Additional Quantity -

Recommendation

SLIN 0005AK Optional LMSA & NFMSA Recomm - MIP 1,000 $ - $ -

SLIN 0005AL Optional LMSA & NFMSA Recomm- Part D 1,000 $ - $ -

SLIN

0005AM

0005AN

CLIN 0006 Option Year 4 (April 4, 2027- April 3, 2028).

of Proposal

Submissions)

Unit Price (Per Recomm) Total FFP

CLIN0006 Price Per WCMSA Recommendation

0006AA WCMSA Recommendations - MIP

19,200 $ - $ -

SLIN

0006AB WCMSA Recommendations - Part D

19,200 $ - $ -

SLIN 0006AC Optional WCMSA Recomm Additional Quantity -

0006AD

SLIN 0006AE Optional WCMSA Recomm Additional Quantity -

SLIN 0006AF Optional WCMSA Recomm Additional Quantity -

Recommendation

SLIN 0006AK Optional LMSA & NFMSA Recomm - MIP 1,000 $ - $ -

SLIN 0006AL Optional LMSA & NFMSA Recomm- Part D 1,000 $ - $ -

SLIN

0006AM

0006AN

B.4 WITHHOLDING OF CONTRACT PAYMENTS

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

(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 Contractor shall furnish all the necessary services, qualified personnel, material, equipment, facilities, and supplies, not otherwise provided by the Government as needed to perform the requirements set forth in the Statement of Work, J.1 Appendix A. The SOW is entitled “Workers’ Compensation Review Contractor.”

(END OF SECTION C)

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition, as per the Schedule of Deliverables provided in J.1 Appendix A.

(END OF SECTION D)

SECTION E – INSPECTION AND ACCEPTANCE

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

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

E.2 APPROVALS BY THE CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

(END OF SECTION E)

Number Title Date 52.246-4 Inspection of Services- Fixed-Price August 1996

SECTION F – DELIVERIES OR PERFORMANCE

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

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

Number Title Date 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

F.2 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance of this contract is April 4, 2023 – April 3, 2028.

This contract includes the following Option Periods:

Transition-In Activities: April 4, 2023 - July 3, 2023.

Base Year: July 4, 2023 - April 3, 2024 Option Year 1: April 4, 2024 – April 3, 2025 Option Year 2: April 4, 2025 – April 3, 2026 Option Year 3: April 4, 2026 – April 3, 2027 Option Year 4: April 4, 2027 – April 3, 2028

F.3 DELIVERABLES

(a) A list of deliverables is provided under J.1 Appendix A, Schedule of Deliverables, attached hereto and made part of this contract.

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

(c) The Contractor shall submit all required deliverables and reports in accordance with the attached schedule. Reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency.

(d) Satisfactory performance under the contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the schedule, J.1 Appendix A, (reports submitted under the contract shall reference and cite the contract number and identify CMS as the sponsoring agency):

Note: Additional deliverables may be assigned as part of the product planning process.

Individual products may be released on a flow basis, as necessary by the direction of the COR.

All electronic files shall be submitted in a format that is compatible with Microsoft Office PC-based software. As this requirement is subject to change, the contractor shall be able to adapt to any new CMS standard in order to submit deliverables. Unless specifically denoted as “workday(s),” all timeframes are in calendar days, calendar weeks, calendar months, etc. after the effective date of the contract.

F.4 PLACE OF PERFORMANCE

All performance shall take place at the Contractor’s site.

(END OF SECTION F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

CLIN Req. No. Can No. Appropriation No.

Object Class Amount

TBD TBD TBD TBD TBD $TBD

TOTAL $TBD

G.2 DISSEMINATION, PUBLICATION & 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 stipulated. 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 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 is requested pursuant to the Federal Freedom of Information Act.

(f) 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.

(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 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.

(h) The Contractor agrees to acknowledge support by CMS whenever reports of projects funded, 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 acknowledgment substantially, as follows:

"The analyses upon which this publication is based were performed under Contract Number TBD, entitled, Workers’ Compensation Review Contract (WCRC); sponsored by the Centers for Medicare & Medicaid Services, Department of Health & Human Services."

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

G.3 GOVERNMENT REPRESENTATIVES AND RESPONSIBILITIES (SEPT 2021)

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 Division of Medicare Program Contracts ATTN: Rico Batte 7500 Security Blvd.

Baltimore, MD 21244-1850

Phone:410-786-7934

Email Address: rico.batte@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 Division of Medicare Program Contracts ATTN: Clotie Hopkins 7500 Security Blvd.

Baltimore, MD 21244-1850

Phone:410-786-0348 Email Address: clotie.hopkins@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 Financial Management Division of Medicare Secondary Payer Operations ATTN: John Jenkins 7500 Security Blvd.

Mail-stop: C3-16-14 Baltimore, MD 21244-1850

Phone:410-786-3373 Email Address: john.jenkins@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.

The COR will serve as the primary liaison between the Contractor and the Contracting Officer and perform duties within the limitations of the COR’s responsibilities in accordance with FAR 1.602-2(d).

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:

mailto:rico.batte@cms.hhs.gov mailto:clotie.hopkins@cms.hhs.gov mailto:john.jenkins@cms.hhs.gov

(1) 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

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

Technical direction within the scope of the contract, shall be “in writing” whenever possible and routed through the CO prior to release to the Contractor. If technical direction is verbally communicated, the COR must immediately confirm its direction in writing. Where doubt exists as to whether proposed technical direction is within or outside the scope of the contract, the CO shall be contacted.

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.

The COR “has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions” See FAR 1.202-2(d)(5). The COR’s authority is not re-delegable and the COR may be personally liable for unauthorized acts in accordance with FAR 1.202-(d)(7)(iv) and (v). For example, 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.

In addition to the above responsibilities, the COR and/or Contractor shall immediately notify the Contracting Officer of any contractual concerns related to the following:

1. Personal Services: FAR 37.104(a) provides that, “[a] personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract.”

Under this contract, the services to be performed do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor. The services to be performed under this contract is not for personal services as defined by FAR 37.104.

Both the Government and the Contractor have a responsibility to monitor contract activities. The CO must be notified immediately if at any time during contract performance the interaction between the Government representative and Contractor personnel constitute or is perceived to constitute personal services. Both the Government and Contractor personnel must exercise caution to ensure that service contracts not personal in nature avoid even the appearance of a personal services contract.

2. Inherently Governmental Functions: The agency shall not use contractors for the performance of inherently governmental functions unless issued under statutory authority See FAR 7.5 Inherently Governmental Functions. As defined in FAR 2.101, “Inherently Governmental Function” means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Inherently governmental functions DO NOT normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials.

FAR 7.503(c) provides a list of examples of functions considered to be inherently governmental functions or which shall be treated as such.

To this effect, during contract performance, care should be taken to ensure that any change or expansion in scope of the requirement does not include inherently governmental functions. Further, due to the nature of a given requirement, there is a potential for close working relationships to develop between Government and Contractor personnel; however, care should be taken to ensure that any familiarity established between the Government and Contractor personnel never promotes or fosters an environment that allows for the assignment of inherently governmental functions to contractor employee(s).

3. Unauthorized Commitments: In carrying out his/her duties, in accordance with FAR 1.602-2(d)(5), the COR “[h[as no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract, or in any way direct the Contractor, or its Subcontractors, to operate in conflict with the contract terms and conditions.” Doing so constitutes an “unauthorized commitment.” The Contracting Officer is the only individual with the authority to enter https://www.acquisition.gov/content/part-1-federal-acquisition-regulations-system#i1126427 into an agreement on behalf of the Government. An unauthorized commitment is defined as “an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.” FAR 1-602-3(a). Examples of unauthorized commitments include, but are not limited to, the following:

• Orders placed with a Contractor without a valid contractual instrument in place.

• Directing any Contractor to do additional work, in excess of the contract value, or work beyond the Period of Performance.

• Authorize new work to a contract without notifying the Contracting Officer (CO) or Contract Specialist (CS) and having a modification in place for the new work.

• Directing the Contractor, in any way that could change the terms and conditions of the contractual instrument or be deemed outside the Scope of the contract.

Unauthorized commitments are a serious matter and may result in personal liability on the part of the employee who committed the unauthorized commitment. Ratification, is “the act of approving an unauthorized commitment by an official who has the authority to do so.” FAR 1.602-3(a).

G.4 PROPERTY ADMINISTRATION

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

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

Centers for Medicare & Medicaid Services OOM, Administrative Services Group Division of Property and Space Management Attn: Andre Diggs.

7500 Security Boulevard Baltimore, Maryland 21244-1850

(410) 786-6630

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

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

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

G.5 PAYMENTS - INVOICES - (AUG 2020)

a. GENERAL: Effective August 31, 2020, the contractor/vendor shall create an invoice within the Invoice Processing Platform (IPP), a secure Web-based service for federal agencies and their vendors to manage government invoicing from purchase order (PO) through payment notification. Note: All invoice terms and conditions are contract specific and may vary from contract to contract.

b. CONTENT OF INVOICE: FAR 32.905 Payment Documentation and Process, provides the required content for a proper invoice. In addition to the requirements of FAR 32.905, the following items shall also be included on the invoice to be considered proper:

• Line item number (i.e. CLIN/SLIN as applicable);

• Contractor’s UEI Number;

• Period of performance or delivery date of goods or services provided;

• Attachments

c. INVOICE SUBMISSION: The contractor/vendor shall create an invoice from the

Purchase Order (PO)/Contract via the IPP website http://www.ipp.gov/. For questions, call IPP Customer Support at (866) 973-3131 or email the IPP Customer Support at IPPCustomerSupport@fiscal.treasury.gov.

d. PAYMENTS: The Government shall make payment of all proper invoices in accordance with the following clauses, as applicable and included in the respective PO/Contract:

• FAR 52.232-33 Payments by Electronic Funds Transfer – System for Award Management,

• FAR 52.232-1 Payments

• FAR 52.212-4 Contract Terms and Conditions – Commercial Items

• FAR 52.216-7 Allowable Cost and Payment

• FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts

Payment shall be made 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 30 calendar days after receipt of a proper invoice from the Contractor requested at the paying office designated above. Contracts with a 15-day payment term are not subject to interest payments until after day 30.

e. 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_9.html#wp1032997 http://www.ipp.gov/ receipt of a proper invoice in IPP.

Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and 5 CFR 1315.

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 correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the Contracting Officer’s Representative (COR) with an informational copy of the basic correspondence to the Contracting Officer.

(b) Other Correspondence - All other correspondence shall be addressed to the Contracting Officer 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 and assigning consecutive numbers (serial numbers to permit accountability), as illustrated below:

EXAMPLE:

Contract No. - 500-00-XXXX Sequence # - XX (YEAR) - XXXX Subject - Request for Subcontract Consent

G.7 DATA TO BE DELIVERED

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.

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.8. 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.9 TRAVEL

Travel costs shall be reimbursed in accordance with the Federal Travel Regulations (FTR) that can be accessed electronically at:

www.gsa.gov/ftr

G.10 CONTRACTOR PAST PERFORMANCE EVALUATION(S) (OCT 2014)

a. General:

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

CMS will utilize the Contractor Performance Assessment Reporting System (CPARS), the

Government wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate. CPARS is a secure Internet website located at https://www.cpars.gov.

b. CPARS Process:

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

http://www.gsa.gov/ftr https://www.cpars.gov/

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

i. Designate at least one (1) point of contact that will be responsible for serving as the Contractor’s Representative (CR). Additional CRs may also be identified; and,

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

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

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

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

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

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

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

G.11 Contractor Work Performed Outside the United States and its Territories (Jan 2021)

To comply with requirements of Homeland Security Presidential Directive -12 (HSPD-12) and Personal Identity Verification (PIV) of Federal Employees and Contractors, CMS must achieve appropriate security assurance for multiple CMS information systems by efficiently verifying the claimed identity of individuals working on the contract. The Contractor and its subcontractor(s) shall not perform any activities under this contract, including the transmission of data or other information, outside of the United States (U.S.) and its Territories without the prior written approval of the Contracting Officer. If work must be performed outside the U.S., the Contractor shall submit a request to the Contracting Officer, in writing, at least 45 calendar days prior to the work beginning.

The Contracting Officer will consider the following factors in making a decision whether to authorize the performance of work outside the U.S. and its Territories:

1. Statement of Work requirements, which are being requested to be completed outside the U.S.

and its Territories;

2. Total projected dollar value of the work to be performed outside the U.S.;

3. The desired country/location where the work will be performed;

4. FAR Part 25, Foreign Acquisitions, and all other laws and regulations applicable to the performance of work outside the United States;

5. Whether the contractor and/or its subcontractor(s) have plans in place to adequately protect and secure CMS data, as well as abide by all applicable laws and regulations when work is performed outside of the U.S. and its Territories. Plans shall include -

a. Adequate contract terms regarding system security;

b. Adequate contract terms regarding the confidentiality and privacy requirements for information and data protection;

c. Adequate contract terms that are otherwise relevant, including the requirements of the

Statement of Work;

d. The Contractor’s corporate compliance plan and internal policies and procedures designed to prevent and detect violations of applicable law, regulations, rules and ethical standards by employees, agents and others; and,

6. Whether the approval would be in best interests of the United States.

The Contractor’s request for authorization to perform work outside the U.S. shall demonstrate that the performance of the work outside the U.S. satisfies all of the above factors. Contracting Officer approval to perform work outside the U.S. may require additional Statement of Work requirements, additional contract terms and conditions and/or Federal Acquisition Regulation (FAR) clauses to be incorporated into the contract.

(END OF SECTION G)

H.1 – CONFLICT OF INTEREST (OCT 2020)

a. General: The contractor and the services provided under this contract shall be free, to the greatest extent possible, of all Organizational and Personal Conflicts of Interest. Consistent with these terms and conditions, all references to Organizational and/or Personal Conflicts of Interests will be referred to individually or collectively, as Conflicts of Interest (COI).

Except as defined by these terms and conditions and in accordance with FAR 9.503, the Contracting Officer shall not maintain a contract with a contractor the Contracting Officer (CO) determines has, or has the potential for, an unresolved COI.

b. Definitions:

Actual COI– The COI is either currently in existence as determined by the contractor or CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to

CMS.

Affiliates –Associated business concerns or individual(s) if, directly or indirectly, either one controls or can control the other; or a third-party control or can control both.

Apparent (Perceived) COI – The COI on first observation appears to be an actual or potential COI, but may or may not be after analysis.

Avoidance – To prevent the occurrence of a COI through actions such as exclusion of sources or modification of requirements. Avoidance precludes the conflict.

Contractor – The term contractor is used synonymously with offeror.

Financial Relationships – A direct or indirect ownership or investment interest (including a stock option or non-vested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest.

Mitigation– To reduce the effects of a COI to an acceptable level of risk so that the Government’s interest with regard to fair competition and/or contract performance are not impaired. The conflict remains but action was taken that minimizes the impact of the conflict to an acceptable level of risk.

Mitigation Plan – The contractor’s written approach to mitigating a COI as documented in J.8 and J.9.

Neutralization – To counteract, through a specific action, the effects of potential or actual COI. The conflict remains, but the impact of the conflict has been negated.

Organizational Conflict of Interest – Occurs when other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

Personal Conflicts of Interest – A situation in which a person has a financial interest, personal activity, or relationship that could impair the person’s ability to act impartially and in the best interest of the Government when performing under this contract.

Potential COI – A future situation or circumstance that would create a conflict of interest.

Three (3) Types of COIs include:

Conflict Types Definitions

Biased Ground Rules

Consists of situations where a contractor and/or its affiliate(s), as part of its performance of a Government contract, has helped (or is in a position to help) set the ground rules for another Government contract by, for example, writing the statement of work or the specifications, or establishing source-selection criteria. In these “biased ground rules” cases, the primary concern is that the entity could skew the competition, whether intentionally or not, in favor of itself and/or its affiliates.

Impaired Objectivity

Consists of situations where a contractor and/or its affiliate(s) has an interest (typically financial) that may conflict with the interest of the Government to whom the contractor has a contractual obligation, and where the entity’s work under the Government contract could give the contractor the opportunity to benefit its other business interests. If the entity is providing recommendations, judgment or advice, and its other business interests could be affected by that recommendation, judgment or advice, it’s objectivity may be impaired. An example is where the entity was evaluating itself or evaluating an affiliate or a competitor, either through an assessment of performance under another contract or an evaluation of proposals.

Unequal Access to Information

“Unfair” access to non-public information – Consists of situations where a contractor and/or its affiliate(s) has access to nonpublic information (including proprietary information and non-public source-selection information) as part of its performance of a Government contract and that information may provide the entity with a competitive advantage in a later competition for a Government contract.