PRESOL | 52 | Workers Compensation Review Contractor (Recompete) - J.8. Governmnet-Owned Property at incumbent WCRC - J.3. WCCCS User Guide - J.11- Consent to Subcontract requested information - J.10 - Travel Cost Worksheet - cost proposal form - J.1 - Statement of Work - WCRC - J.12 - COI Attestation - J.14 - Questionaire to request 3rd party past-performance information - J.5. - WCRC-Weekly Report Format - J.9. - Sample Format for Cost Proposal sheets/submission - J.7. Sample Wage Determination-Service Contract Act - J.6. Monthly Report Format - J.13 - Organizational Conflict of Interest Certificate - J.2 - Statement of Work-Addendum#1-WCRC - J.4. SOW Deliverables Listing

FBO DAILY ISSUE OF MAY 30, 2010 FBO #3109
SOLICITATION NOTICE

52 -- Workers Compensation Review Contractor (Recompete) - J.8. Governmnet-Owned Property at incumbent WCRC - J.3. WCCCS User Guide - J.11- Consent to Subcontract requested information - J.10 - Travel Cost Worksheet - cost proposal form - J.1 - Statement of Work - WCRC - J.12 - COI Attestation - J.14 - Questionaire to request 3rd party past-performance information - J.5. - WCRC-Weekly Report Format - J.9. - Sample Format for Cost Proposal sheets/submission - J.7. Sample Wage Determination-Service Contract Act - J.6. Monthly Report Format - J.13 - Organizational Conflict of Interest Certificate - J.2 - Statement of Work-Addendum#1-WCRC - J.4. SOW Deliverables Listing

Notice Date: 5/28/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 524298 — All Other Insurance Related Activities
Contracting Office: Department of Health and Human Services, Centers for Medicare & Medicaid Services, Office of Acquisition and Grants Management, 7500 Security Blvd., C2-21-15, Baltimore, Maryland, 21244-1850
ZIP Code: 21244-1850
Solicitation Number: RFP-CMS-2010-8A-0005
Point of Contact: Alan F Fredericks, Phone: 410-786-8622, Mark W Werder, Phone: 410-786-7839
E-Mail Address: Alan.Fredericks@cms.hhs.gov, mark.werder@cms.hhs.gov
(Alan.Fredericks@cms.hhs.gov, mark.werder@cms.hhs.gov)
Small Business Set-Aside: Competitive 8(a)
Description: Attachment J.4. - Deliverables Listing - New WCRC SOW Attachment J.2-New WCRC SOW-Addendum#1 Attachment J.13 - Organizational Conflict of Interest Certificate Attachment J.6. -New WCRC Monthly Status Report (Requested Format) Attachment J.7. Sample Wage Determination - Baltimore County, MD.(New WCRC recompete) Attachment J.9. New WCRC recompete - Cost Proposal Sheets (Templates) Attachment J.5. - WCRC Weekly Report (Suggested Format) Attachment J.14 - Past performance Questionaire/Cover letter Attach. J.12 - conflict of Interest Attestation New Workers Compensation Review Contractor Statement of Work Attachment J.10.New WCRC - Requested Travel Cost Worksheet Attachment J.11 - Subcontract Checklist-the information required to be provided to allow CMS Contracting Officer to review and approve Subcontractor. Attachment J.3 - New WCRC, Draft Workers Comp Case Control System (WCCCS) Manual Attachment J.8 - Inventory Report of Governmnet-owned Equipment/Property at existing WCRC facility (Annapolis Junction, MD.) TABLE OF CONTENTS SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 DESCRIPTION OF SERVICES B.2 TYPE OF CONTRACT B.3 SCHEDULE OF SERVICES B.4 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT CONTRACTS) B.5 WITHHOLDING OF FEE/PAYMENT B.6 INDIRECT COST RATES B.7 MATERIAL/TRAVEL/OTHER DIRECT COST 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 INSPECTION AND ACCEPTANCE E.3 ACCEPTANCE BY THE PROJECT OFFICER SECTION F - DELIVERIES OR PERFORMANCE F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) F.2 PERIOD OF PERFORMANCE F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE F.4 TIME AND PLACE OF DELIVERIES SECTION G - CONTRACT ADMINISTRATION DATA G.1 ACCOUNTING AND APPROPRIATION DATA G.2 INVOICING AND PAYMENT INFORMATION G.3 METHOD OF PAYMENT G.4 TRAVEL COSTS G.5 DIRECT COST G.6 AUDIT OF HOURS G.7 HHSR 352.270-5 KEY PERSONNEL (JAN 2006) G.8 CONTRACTOR PROJECT DIRECTOR G.9 GOVERNMENT REPRESENTATIVES G.10 PROJECT OFFICER G.11 CONTRACTING OFFICER REPONSIBILITY: G.12 TECHNICAL DIRECTION G.13 DESIGNATION OF PROPERTY ADMINISTRATOR G.14 USE OF GOVERNMENT - DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS) G.15 DATA TO BE DELIVERED G.16 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION G.17 SERVICE OF CONSULTANTS /SUBCONTRACTORS G.18 CONSENT TO SUBCONTRACT G.19 SUBCONTRACT CONSENT G.20 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE G.21 CORRESPONDENCE PROCEDURES SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 CODE OF CONDUCT H.2 HHSAR 352.224-70 CONFIDENTIALITY OF INFORMATION (JAN 2006) H.3 HHSAR 353.270-7 PAPERWORK REDUCTION ACT (JAN 2006) H.4 CONDITIONS OF PERFORMANCE H.5 ORGANIZATIONAL CONFLICTS OF INTEREST H.6 INFORMATION TECHNOLOGY INVESTMENT ACQUISITION REQUEST H.7 MONITORING H.8 EMPLOYMENT OF CMS PERSONNEL RESTRICTED H.9 HIPAA BUSINESS ASSOCIATE PROVISION II H.10 ADP SYSTEMS SECURITY REQUIREMENTS H.11 HHSAR 352.270-19 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JAN 2006) H.12 REHABILITATION ACT, SECTION 508, ACCESSIBILITY STANDARDS H.13 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT) H.14 SECURITY CLAUSE -BACKGROUND - INVESTIGATIONS FOR CONTRACTOR PERSONNEL H.15 HHSAR 352.270-11 PRIVACY ACT (JAN 2006) H.16 SYSTEMS OF RECORDS H.17 WAGE DETERMINATION SECTION I - CONTRACT CLAUSES I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) I.2 FAR 52.204-8(d) ANNUAL REPRESENTATION AND CERTIFICATION (FEB 2009) I.3 FAR 52.209-7 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006) I.4 FAR 52.222-42 STATEMENTOF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) I.5 FAR 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990) I.6 FAR 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (FEB 1990) I.7 FAR 52.219-17 SECTION 8(A) AWARD (DEC 1996) I.8 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) I.9 FAR 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) I.10 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) I.11 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTERESTS WHEN SUBCOINTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) I.12 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS (HHSAR) SECTION J - LIST OF ATTACHMENTS J.1 STATEMENT OF WORK(SOW) J.2 SOW-Appendix-Change & Innovation Report J.3 APPENDIX A-WCCCS User's Guide J.4 APPENDIX B-WCRC DELIVERABLES LISTING J.5 APPENDIX C- WCRC WEEKLY REPORT J.6 APPENDIX D-WCRC MONTHLY STATUS REPORT J.7 WAGE DETERMINATION J.8. September 30, 2009 GFE/GFP Inventory Listing J.9. COST PROPOSAL SPREAD SHEET(FORMAT) J.10 TRAVEL SPREAD SHEET J.11 SUBCONTRACTOR CONSENT LIST J.12 CONFLICT OF INTEREST ATTESTATION J.13 ORGANIZATIONAL CONFLICT OF INTEREST SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) K.2 REPRESENTATIONS AND CERTIFICATIONS (THE OFFEROR'S REPRESENTATIONS AND CERTIFICATIONS MUST BE EXECUTED BY AN INDIVIDUAL AUTHORIZED TO BIND THE OFFEROR) K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2005) K.5 FINANCIAL INFORMATION K.6 FAR 52.209-5 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2008) K.7 FAR 52.209-7 ORGANIZATION CONFLICT OF INTEREST CERTIFICATE - MARKETING CONSULTANT (NOV 1991) SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS L.1 PROCUREMENT TIMELINE L.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) L.3 SOLICITATION PROVISION L.4 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS STANDARD L.5 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2004), Alternate I (Oct 1997) L.6 TYPE OF CONTRACT (APR 1984) L.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) L.8 SUBMISSION OF REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) L.9 SMALL BUSINESS SUBCONTRACTING PLAN L.10 SOLICITATION QUESTIONS L.11 PROPOSAL SUBMISSION AND DELIVERY L.12 GENERAL INSTRUCTIONS L.13 PROPOSAL ASSUMPTIONS L.14 COMMUNICATIONS PRIOR TO CONTRACT AWARD L.15 WRITTEN TECHNICAL PROPOSAL ORGANIZATION L.16 VOLUME I - WRITTEN TECHNICAL PROPOSAL INSTRUCTIONS L.17 VOLUME II - BUSINESS PROPOSAL ORGANIZATION L.18 GENERAL BUSINESS PROPOSAL INSTRUCTIONS L.19 CONFLICT OF INTEREST L.20 ORAL PRESENTATION INSTRUCTIONS L.21 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997) - ALT IV (OCT 1997) SECTION M - EVALUATION FACTORS FOR AWARD M.1 GENERAL PROCEDURES FOR AWARD OF CONTRACTS M.2 TECHNICAL EVALUATION CRITERIA &emsp; SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 BRIEF DESCRIPTION OF SERVICES This contract will be awarded to procure the services of an 8(A) Small Business to act as an impartial entity, and not as an agent of the Federal Government, to; 1) independently price/cost the future Medicare-covered medical services costs related to Workers' Compensation injury, illness, and/or disease, and; 2) to price/cost the future covered prescription drug expenses related to the Workers' Compensation injury, illness, and/or disease; 3) thereby taking Medicare's payment interests appropriately into account. B.2 TYPE OF CONTRACT (CPFF) The Government anticipates award of a Cost-Plus-Fixed-Fee (CPFF) type contract. It is estimated that the total cost to the Government for full performance of this contract will be in accordance with the Contract Line Item Number (CLIN) identified in Section B.3 "Schedule of Services" set forth below. NOTE: In accordance w/FAR 16.301-3 a cost-reimbursement type contract may be used only when -"The Contractor's accounting system is adequate for determining costs applicable to the contract..." Therefore, any offeror submitting a proposal as a prospective prime contractor under this solicitation, must submit evidence of prior Government audit/review of their accounting system, and Government acceptance/determination that the accounting system is adequate to perform upon a cost-reimbursement type contract. B.3 SCHEDULE OF SERVICES CLIN DESCRIPTION Hours CPFF Ceiling Start End 0001 Transition Period TBD TBD 9/15/2010Est 11/19/2010 0002 Base Production Period TBD TBD 11/20/2010 11/19/2011 0003 Option Period #1-Production TBD TBD 11/20/2011 11/19/2012 0004 Option Period #2-Production TBD TBD 11/20/2012 11/19/2013 0005 Option Period#3-Production TBD TBD 11/20/2013 11/19/2014 0006 Option Period#4-Production TBD TBD 11/20/2014 11/19/2015 B.4 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT CONTRACTS) The Contractor shall voucher for payment in accordance with the instructions provided in Section G.2 of this contract. The Contractor shall bill fee on a monthly basis and the Government shall make monthly payments of Fixed Fee, in accordance with FAR 52.216-8(a), entitled, "FIXED FEE", and the following schedule established at the time of award: CLIN Period # of Pmts Pmt per MO 15% Withheld per Month Payment per Month Total Payment Total 15% Withheld Total Fixed Fee *The final payment of $TBD________________________ (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit. B.5 WITHHOLDING OF FEE/PAYMENT A. In accordance with FAR 52.216-8, entitled "FIXED FEE:" a. The Government shall pay the Contractor, for performing this contract, the fixed fee amount specified in Section B.4. b. Payment of the fixed fee shall be made as specified in the schedule, provided that thru payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less. B. 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. B.6 INDIRECT COST RATES A. Pursuant to the provisions of FAR 52.216-7 entitled "Allowable Cost and Payment," in Section I of this contract, the allowable indirect costs under this contract shall be obtained by applying the final rates or rates negotiated to the appropriate bases. The period or periods for which such rates will be established shall correspond to the contractor's fiscal year(s). The final rate proposal is to be submitted to the Contracting Officer at the following address: Centers for Medicare and Medicaid Services OAGM/MCG/DMSC ATTN: Mark W. Werder, Mail Stop C2-21-15 7500 Security Boulevard Baltimore, MD 21244 In the event that the final rate proposal is submitted to the cognizant audit agency, the Contractor shall advise the Contracting Officer in writing and to whom it was submitted. B. Pending establishment of final rates for any period, provisional reimbursement will be made on the basis of the provisional rates shown below (as applicable). To prevent substantial over or under payment, and to apply wither retroactively or prospectively, provisional rates may, at the request of either party, be revised by mutual agreement. &emsp; Type Cost Center Rate Period Rate Base Provisional Fringe Calendar Year 2010 (a) Provisional Overhead Calendar Year 2010 (b) Provisional G&A Calendar Year 2010 (c) NOTE: a. applied to: ( direct labor). b. applied to: ( direct labor and fringe). c. applied to: (total cost input). C. In accordance with FAR 42.707, entitled "Cost Sharing Rates and Limitations on Indirect Cost Rates," the following indirect cost ceiling(s) is hereby established: Type Cost Center Rate Period Rate Base Ceiling Fringe Calendar Year 2010 (a) Ceiling Overhead Calendar Year 2010 (b) Ceiling G&A Calendar Year 2010 (c) NOTE: a. applied to: ( direct labor). b. applied to: ( direct labor and fringe). c. applied to: ( total cost input). B.7 MATERIAL/TRAVEL/OTHER DIRECT COST The Contractor and the Government have negotiated an amount(tiny_mce_marker______________), which shall constitute an absolute cost-only ceiling of travel and per diem charges to be incurred during performance of the services set forth in Section B.3.-Schedule, and payable IAW Section G.4 "Travel", in this contract. (End of Section B) &emsp; 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, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, SECTION J, ATTACHMENT J.1, entitled HIGLAS Operations Support Services Scope of Work, attached hereto and made a part of this contract/solicitation. (End of Section C) &emsp; SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING All deliverables required under this contract shall be packaged, marked and shipped so that they are received in immediate usable and acceptable condition and any requirements set forth in individual task orders. (End of Section D) &emsp; 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. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far/fac.html Federal Acquisition Regulation (FAR) Clauses: 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT. (APR 1984) E.2 INSPECTION AND ACCEPTANCE a. All work under this contract is subject to inspection and final acceptance by the Contracting Officer, their designee, or the duly authorized representative of the Government. b. The Project Officer (PO) is the duly authorized representative responsible for inspection and acceptance of all items to be delivered under this contract. c. Inspection and acceptance of the Contractor's performance shall be in accordance with the applicable FAR Clauses in Section E.1 above. E.3 ACCEPTANCE BY THE PROJECT OFFICER All items to be delivered to the PO will be deemed to have been accepted 30 calendar days after the date of delivery, except as otherwise specified in this contract if written approval or disapproval has not been given within such period. The PO's acceptance or revision to the items submitted shall be within the general scope of the work stated in this contract. (End of Section E) &emsp; SECTION F - DELIVERIES OR PERFORMANCE F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses provisions by reference, with the same force and affect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ NUMBER TITLE DATE 52.242-15 STOP WORK ORDER AUG 1989 52.242-15 STOP WORK ORDER (ALTERNATE I) APR 1984 52.242-17 GOVERNMENT DELAY OF WORK APR 1984 52.247-34 F.O.B. DESTINATION NOV 1991 F.2 PERIOD OF PERFORMANCE The period of performance for this Contract- CLIN 0001-Transition Period shall be three months from the date of contract award or as authorized by the Contracting Officer for acceptable delay. The period of performance for this Contract -CLIN 0002 - Base Production Period, shall be 12 months, commencing November 20, 2010. The incumbent contract ends November 19, 2010, and stops work - the new Workers' Compensation Review Contractor (WCRC) must be up and running no later than the morning of November 20, 2010. F.3 ITEMS TO BE FURNISHED AND DELIVERY SCHEDULE The Contractor shall furnish the items required under this contract in accordance with the reporting instructions and delivery schedule set forth in Section J, Attachment J.1, SOW. F.4 TIME AND PLACE OF DELIVERIES a. The supplies/services to be furnished shall be delivered in accordance with the delivery schedule as specified in the Section J, Attachment J.1, SOW. b. Satisfactory performance of the contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, in accordance with the stated delivery schedule of the contract. (End of Section F)&emsp; SECTION G - CONTRACT ADMINISTRATION DATA G.1 ACCOUNTING AND APPROPRIATION DATA Requisition # Appropriation # CAN # Object Class Amount $ G.2 INVOICING AND PAYMENT INFORMATION 1) Submission of Invoices and Place of Payment: a) Once each month following the effective date of the Contract, the Contractor may submit to the Government an invoice (or public voucher) for payment, in accordance with FAR Clause 52.216-7 "Allowable Cost & Payment", and 52.232-1 "Payments". The Government shall make provisional payments on all invoices - pending the completion of a final audit of the Contractor's cost records, at performance completion. b) To expedite payment, hard copy-paper invoices shall be submitted as follows: (i) One Original and four (4) copies must be submitted to the address below: Department of Health and Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations P.O. Box 7520 Baltimore, Maryland 21207-0520 (ii) If overnight delivery is desired: Department of Health and Human Services Centers for Medicare & Medicaid Services OFM/Division of Accounting Operations 7500 Security Blvd, M/S: C3-11-03 Baltimore, Maryland 21244-1850 c) Invoices shall contain the following information, at a minimum: (i) Contractor's name; (ii) Invoice unique identifying number and invoice date; (iii) Period of Performance (Covered by Invoice); (iv) Contract number; (v) Description, cost or price, and quantity of property and/or services actually delivered or rendered; (vi) Other substantiating documentation or information as considered necessary to support the invoice; (vii) Name, title, phone number, and complete mailing address of Contractor official to whom payment questions can be addressed by the Government; 2) Invoice Payment a) In accordance with FAR 52.232-33, the Centers for Medicare and Medicaid Services (CMS) shall only make an electronic reimbursement/payment. b) In accordance with FAR 52.204-7, the contractor must register in the Central Contractor Registration (CCR) database. Failure to register in CCR may prohibit CMS from making awards to your organization. c) The contractor shall notify CMS' Division of Accounting Operations of all EFT and address changes in CCR via the following email address: CCRChanges@cms.hhs.gov d) Reimbursement for invoices/vouchers submitted under this contract shall be made not later than thirty (30) days after receipt of an acceptable original invoice and requested copies, from the contractor, at the paying office designated in Section A above. e) Payment will be authorized after the Division of Financial Operations has audited the invoice for accordance to Federal regulations. This audit includes certification of the invoice by the Contracting Officer Technical Representative (COTR)(FKA Program Officer), and the cognizant Contract Specialist, and subsequent verification that the invoice amount is consistent with the payment schedule set forth under Section B, Price and Payment of individual task orders. Any discrepancies determined as a result of the audit could delay the processing of the invoice and may result in the invoice being returned to the contractor for corrections. Inquiries relating to payments should be directed to Janet Kahler (410) 786-5427. 3) Interest on Overdue Payment a) 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 payment of interest on payments made more than 30 days after receipt of an invoice by the Division of Accounting Operations. b) Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Office of Management and Budget Circular A-125. &emsp; G.3 METHOD OF PAYMENT In accordance with FAR 52.204-7, the Contractor must register in the Central Contractor Registration (CCR) Database, and maintain all information as most current. Failure to register in CCR, or allowing registration to expire, may prohibit CMS from making awards/payments to your organization. G.4 TRAVEL COSTS a. Costs incurred for lodging, meals and incidental expenses shall be considered to be reasonable, allocable and allowable under this contract only to the extent that they do not exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the latest Federal Travel Regulations (FTR) and applicable cost principles set forth in FAR Part 31 - Contract Cost Principles and Procedures, Subpart 31.205-46 "Travel Costs" (a) (2) (i) Federal Travel Regulations, prescribed by the General Services Administration, for travel in the contiguous United States...(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States...(iii) Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in (a)(2)(i) and (ii) of this paragraph. Federal Travel Regulations, as well as Per Diem rates, can be found at the following www.gsa.gov/travel G.5 DIRECT COST In accordance with FAR 31.202, 1) "No final cost objective shall have allocated to it as a direct cost, any cost, if other costs incurred for the same purpose, in like circumstances, have been included in any indirect cost pool to be allocated to that, or any other final cost objective. Direct costs of the contract shall be charged directly to the contract. All costs specifically identified with other final cost objectives of the contractor are direct costs of those cost objectives and are not to be charged to the contract directly or indirectly. 2) For reasons of practicality, the contractor may treat any direct cost of a minor dollar amount as an indirect cost if the accounting treatment - a) Is consistently applied to all final cost objectives; and b) Produces substantially the same results as treating the cost as a direct cost." G.6 AUDIT OF HOURS 1) In addition to the examination of costs, as detailed in FAR Clause 52.215-02, entitled: "Audit-Negotiation", the Contracting Officer, or his representatives will have the right to examine all books, records, documents, and other data, of the Contractor relating to this contract for the purpose of evaluating the accuracy and completeness of the hours and costs which the Contractor has recorded on his invoices as expended toward satisfaction of the requirements of this contract. 2) The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit, or reproduction until: a) The expiration of three (3) years from the date of final payment under this contract, b) The expiration of three (3) years from the date of final settlement resulting from a termination or a partial termination of this contract. G.7 HHSR 352.270-5 KEY PERSONNEL (JAN 2006) 1) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs, or contracts, (or as soon as is possible, if an individual must be replaced. For example, as a result of leaving the employ of the Contractor, the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel, at the request of the Contractor or Government. 2) All proposed substitutions shall be submitted, in writing, to CMS at least 30 days prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstance necessitating the proposed substitution, a complete resume and any other information requested by CMS of the proposed replacement. All proposed substitution personnel shall possess qualifications equal to, or greater than the person being replaced. 3) Contractor key personnel shall be: Name Title _______________________ Project Director ________________________ Operations Manager ________________________ Quality Assurance Mgr/Continuous Quality Improvement Manager ________________________ Network Administrator/H/W Specialist 4) CMS believes that the following non-key personnel are important, and should be included in the WCRC contractor's staffing plan; however, the contractor is not required to obtain prior CMS approval of the persons selected to fill them. Please see SOW for more detail. Systems Security Officer, Physician, Pharmacist, Pharmacy Technician(s), Attorney, Case Reviewer(s), Quality Assurance Analyst, Training Specialist, Supervisor, Customer Service Represetative(s) G.8 CONTRACTOR PROJECT DIRECTOR: _______________will serve as the Contractor Project Director/Project Manager. It will be his or her responsibility to obtain the staff necessary and to direct the work for the conduct of this project. The Government reserves the right to approve any necessary successor to be designated as Project Director/Project Manager. G.9 GOVERNMENT REPRESENTATIVES The following CMS personnel are points of contact for this contract: a. Project Officers (PO): Mr. Frank Johnson OFM/FSG/DMBC 7500 Security Boulevard, Baltimore, MD 21244 Phone: (410) 786-2892 Email: frank.johnson@cms.hhs.gov Ms. Cynthia Gross OFM/FSG/DMBC 7500 Security Boulevard, Baltimore, MD 21244 Phone: (410) 786-xxxx Email: cynthia.gross@cms.hhs.gov b. Contracting Officer (CO): Mr. Mark Werder OAGM/MCG/Division of Medicare Support Contracts 7500 Security Boulevard, M/S C2-21-15 Baltimore, MD 21244 Phone: (410)786-7839 Email: Mark.Werder@cms.hhs.gov c. Contract Specialist (CS): Al Fredericks OAGM/MCG/Division of Medicare Support Contracts 7500 Security Boulevard, M/S C2-21-15 Baltimore, MD 21244 Phone: (410)786-6648 Email: alan.fredericks@cms.hhs.gov G.10 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE: 1) The following COTR(s) will represent the Government, for the purpose of this contract Mr. Frank Johnson Ms. Cynthia Gross OFM/FSG/DBMC OFM/FSG/DBMC Email: frank.johnson@cms.hhs.gov Email: Cynthia.gross@cms.hhs.gov Phone: (410) 786-2892 Phone: (410) 786-xxxx Mail stop: Mail stop: 2) The COTR is responsible for (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction in accordance with Section G-14 entitled, "Technical Direction"; and (7) reviewing of invoices/vouchers. 3) The COTR does not have the authority to act as an agent of the Government, under this contract. Only the Contracting Officer has authority to (1) direct and/ore negotiate changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor of any costs incurred during performance of this contract; or (5) otherwise change any terms and conditions of this contract. 4) The Government may unilaterally change its COTR designation. Government Task Leaders (GTL's) may assist the COTR. The GTL's will not have the authority to provide technical direction in accordance with Section G-12, entitled, "Technical Direction", however, they may be responsible for: a) monitoring the Contractor's technical progress, including surveillance and assessment of performance and compliance with all substantive project objectives b) interpreting the statement of work and any other technical performance requirements c) performing technical evaluation as required d) performing technical inspections and acceptances required by the contract e) assisting in the resolution of technical problems encountered during performance; and f) reviewing of invoices/vouchers. G.11 CONTRACTING OFFICER REPONSIBILITY: In accordance with FAR 52.201-1 Definitions, The term Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority delegated by the Contracting Officer. Notwithstanding any of the other provisions of this Contract, the Contracting Officer shall be the ONLY individual authorized to: a) Enter into and commit/bind the Government by contract for supplies or services; b) Accept nonconforming work or waive any requirement of this Contract; c) Authorize reimbursement to the Contractor for any costs incurred during the performance of the Contract, and d) Modify any term or condition of this Contract, i.e., make any changes in the Statement of Work; modify/extend the period of performance; change the delivery schedule. G.12 TECHNICAL DIRECTION 1) Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "technical direction" is defined to include, without limitation, the following: a) Technical Direction to the Contractor, which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work. b) Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description. c) Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract. 2) Technical direction must be within the general Statement of Work, as stated within the contract. The COTR/GTL does not have the authority to and may not issue any technical directions which: a) Constitutes an assignment of additional work outside the general Statement of Work of the contract. b) Constitutes a change as defined in the FAR contract clause entitled: FAR 52.243-1 Changes Fixed-Price (AUG 1987), FAR 52.243-2 Changes - Cost Reimbursement (AUG 1987), FAR 52.243-3 Changes Time-and-Material or Labor-Hour (SEPT 2000) c) In any manner cause an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance. d) Change any of the expressed terms, conditions, or specifications of the contract. 3) All technical direction shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance. 4) The Contractor shall proceed promptly with the performance of technical direction duly issued by the PO in the manner prescribed by this article and within his/her authority under the provisions of this article. If, in the opinion of the Contractor, any instruction or direction issued by the PO is within one of the categories as defined in 2(a) through 2(d) above, the Contractor shall not proceed but shall notify the Contracting Officer in accordance with FAR 52.243-7, Notification of Changes. G.13 DESIGNATION OF PROPERTY ADMINISTRATOR 1. Pursuant to FAR Part 45 - Government Property 52.245-1, of this Contract, the Contractor is hereby authorized to purchase the following equipment for use under this contract. It is understood and agreed, that title to all such equipment shall vest in the Government: Property Identified: Please see separate Government Property Inventory List. 2. 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. a) The Inventory Report shall include all items acquired, furnished, rented or leased under the contract and shall include subcontractor inventory information as well. 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 following address (with courtesy copy to the CMS Contracting Officer): Centers for Medicare & Medicaid Services OOM, Administrative Services Group Division of Property and Space Management 7500 Security Boulevard, MS SLL-14-06 Baltimore, Maryland 21244-1850 b) Commercially leased software is subject to these reporting requirements. c) Upon ultimate final contract performance completion, a comprehensive physical inventory of all Government property shall be performed and reported IAW above. The Final Inventory Report shall indicate all items required for continued CMS contract performance (if applicable), and are of acceptable quality. Property which is no longer usable, or required for continuing CMS contract performance shall be reported as such and shall be reported, along with condition, with CMS disposition requested. G.14 USE OF GOVERNMENT - DATA (REPORTS/FILES/COMPUTER TAPES OR DISCS) 1) 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 is adequate compensation for the use of this data. 2) Upon request of the Contracting Officer, or expiration date of this contract, whichever shall come first, the Contractor shall return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the Contractor retain the data for a specific period of time, which period shall be subject to agreement by the Contractor. Whether the data are to be returned, retained, or destroyed, shall be a 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.15 DATA TO BE DELIVERED 1) 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. 2) In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered "PROPRIETARY DATA" and are not subject data to be delivered under this contract. G.16 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION 1) 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. 2) Some data or information may require special consideration with regard to the timing of its disclosure so that preliminary findings, which could create erroneous conclusions, are not stimulated. Also, some data or information, which relate to policy matters under consideration by the Government, may also require special consideration with regard to the timing of its disclosure so that the open and vigorous debate, within the government, of possible policy options is not damaged. 3) 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. 4) 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 determinations, and if the Contractor and the Contracting Officer cannot settle this disagreement in a mutually satisfactory manner, then the issue will be settled pursuant to the Disputes clause. 5) Any presentation of any report, statistical or analytical material based on information obtained from this contract shall be subject to review by the PO/GTL before dissemination, publication, or distribution. Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. This does not apply to information that would be available under the Federal Freedom of Information Act. The PO/GTL review shall cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation shall be denied until the offending materials is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated. 6) 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 PO/GTL shall immediately inform the Contractor, in writing, of the nature of the problem. If the Contractor disagrees, the PO/GTL may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation. 7) The Contractor agrees to acknowledge support by CMS whenever reports of projects funding, in whole or in part, by this contract are published in any medium. The Contractor shall include in any publication resulting from work under this contract, an acknowledgment substantially, as follows: 8) "The analyses upon which this publication is based were performed under Contract Number [ ], entitled, [ ], sponsored by the Centers for Medicare & Medicaid Services, Department of Health and Human Services." The Contracting Officer shall approve any deviation from the above legend, in writing. G.17 SERVICE OF CONSULTANTS /SUBCONTRACTORS 1) For the purposes of this contract, consultants are considered subcontractors. 2) When requesting Contracting Officer consent(s) to subcontract for consultants and/or subcontractors, the Contractor shall follow the procedures established in FAR Part 44.201-1. Federal Acquisition Regulation (FAR) Clauses FAR 52.244-2 Subcontracts (Jun 2007) FAR 52.244-5 Competition in Subcontracting (Dec 1996) FAR 52.244-6 Subcontracts for Commercial Items (Mar 2009) G.18 CONSENT TO SUBCONTRACT 1) In accordance with FAR, Subpart 44.201 entitled, "Consent and advance notification requirements", the following consent to subcontract provisions apply: a) If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. Subcontracts may be identified by subcontract number or by class of items (e.g., subcontracts for engines on a prime contract for airframes). b) If the contractor does not have an approved purchasing system, consent to subcontract is required for cost-reimbursement, time-and-materials, labor-hour, or letter contracts, and also for unpriced actions (including unpriced modifications and unpriced delivery orders) under fixed-price contracts that exceed the simplified acquisition threshold, for- (1) Cost-reimbursement, time-and-materials, or labor-hour subcontracts; and (2) Fixed-price subcontracts that exceed- either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. c) Consent may be required for subcontracts under prime contracts for architect-engineer services. d) The contracting officer's written authorization for the contractor to purchase from Government sources (see Part 51) constitutes consent. 2) In accordance with FAR, Subpart 44.201-2 entitled "Advance notification requirements." Under cost-reimbursement contracts, the contractor is required by statute to notify the contracting officer as follows: For civilian agencies even if the contractor has an approved purchasing system, 41 U.S.C. 254(b) requires notification before the award of any cost-plus-fixed-fee subcontract, or any fixed-price subcontract that exceeds either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. G.19 SUBCONTRACT CONSENT To facilitate the review of a proposed subcontract, by the Project Officer and the Contracting Officer, the Contractor shall submit the information required by the FAR Clause 52.244-2 entitled, "Subcontracts", to the assigned GTL, who shall in turn forward the information, with his/her recommendation to the Contracting officer. The Contractor shall complete the attached Subcontract Checklist (Attachment J-4) to facilitate this request either prior to, or after award. The Contracting Officer shall review the request for subcontract approval and the GTL recommendation, and shall advise the Contractor of his/her decision to consent or dissent from the proposed subcontract, in writing. Consent is granted to the following subcontractors: TBD G.20 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE Interim, annual, and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. At the discretion of the Contracting Officer, interim evaluations may be conducted. Annual evaluations shall be prepared to coincide with the anniversary date of the contract. A copy of all evaluations should be provided to the Contractor as soon as practicable after completion of the annual and final evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to the Deputy Director, Office of Acquisition and Grants Management, whose decision will be final. Copies of the evaluation, contractor responses, and review comments, if any, will be retained as part of the contract file, and will be used to support future award decisions. a. Electronic Access to Contractor Performance Evaluations Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address: https://cpscontractor.nih.gov. To register, simply logon and click on the "Register Here" link. This site provides instructions on how to register and offers computer-based training for contractors through the "CPS Contractor On-Line Training" hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered contractors for review 30 days from the date the evaluation is sent. The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame. G.21 CORRESPONDENCE PROCEDURES To promote timely and effective administration (except for invoices/public vouchers, technical progress reports, deliverables) correspondence submitted under this contract shall be subject to the following procedures: a. Technical Correspondence-Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms, or conditions of this contract) shall be addressed to the Project Officer, with an information copy of the basic correspondence to the Contracting Officer. b. Other Correspondence-All other correspondence shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the Project Officer. 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: Subject: Contract No. Contractor's Name Request for Subcontract Approval (End of Section G)&emsp; SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 CODE OF CONDUCT: a. SMOKING - Smoking is not permitted anywhere on the CMS single site campus. This includes all areas outside the building, such as off-site facility, entranceways, sidewalks and parking areas. Smoking will not be permitted anywhere in Regional Offices or Washington, D.C. Office locations unless permitted by GSA guidelines or local landlord requirements. Contractor employees are subject to the same restrictions as government personnel. Fines up to $50 per occurrence will be issued and enforced by the Federal Protective Service. HHSAR 352.270-13 Tobacco-Free Facilities (January 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties'' includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy. b. DRESS - The preferred dress code at CMS facilities is professional attire, business attire or business casual attire. H.2 HHSAR 352.224-70 CONFIDENTIALITY OF INFORMATION (JAN 2006) (a) Confidential information, as used in this clause, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization. (b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the ‘‘Disputes'' clause. (c) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (d) Confidential information, as defined in paragraph (a) of this clause, shall not be disclosed without the prior written consent of the individual, institution, or organization. (e) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (f) Contracting Officer determinations will reflect the result of internal coordination with appropriate program and legal officials. (g) The provisions of paragraph (d) of this clause shall not apply to conflicting or overlapping provisions in other Federal, State, or local laws H.3 HHSAR 353.270-7 PAPERWORK REDUCTION ACT (JAN 2006) a. In the event that is subsequently becomes a contractual requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties, the Paperwork Reduction Act of 1980 (Pub. L. 96-511) shall apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single-time) may be used without first obtaining clearance from the Assistant Secretary for Management and Budget (ASMB) within the Department of Health and Human Services (HHS) and the Office of Management and Budget (OMB). Contractors and Project Officers should be guided by the provisions of 5 CFR 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officers to determine the procedures for acquiring ASMB and OMB clearance. b. The Contractor shall obtain the required ASMB and OMB clearance through the Project Officer before expending any funds or making public contacts for the collection of data. The authority to expend funds and proceed with the collection of information shall be in writing by the Contracting Officer. The Contractor must plan at least 120 days for ASMB and OMB clearance. Excessive delay caused by the Government which arises out of causes beyond the control and without the fault or negligence of the Contractor will be considered in accordance with the Excusable Delays or Default clause of this contract. H.4 CONDITIONS OF PERFORMANCE In addition to the performance requirements of this contract set forth under Section C, Description/Specifications, Work Statement, the Contractor may be required to comply with the requirements of any revisions in legislation or regulations, which may be enacted or implemented during the period of performance of this contract, and are directly applicable to the performance requirements of this contract. In the event that revisions in legislation or regulations are enacted and do impact the performance requirements of this contract, the Contractor will have an opportunity to assess the cost and schedule impacts of such revisions and will, when applicable, be provided an equitable adjustment mutually agreed by the parties. H.5 ORGANIZATIONAL CONFLICTS OF INTEREST "Organizational conflict of interest" as defined per FAR 2.101, "means that because of 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." (A) Purpose: The purpose of this clause is to ensure that the Contractor (1) is not biased because of its financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract. This clause has been created to implement the organizational conflict of interest requirements of FAR 9.5. (B) Scope: The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (C) Use of Contractor's Work Product: If the Contractor performs advisory, consulting, analytical, evaluation, study, or similar work under this contract, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the Contractor agrees not to perform similar work for prospective Offeror's with respect to any such contractual efforts. The Contractor shall be ineligible to participate in any contracts, subcontracts, or proposals (solicited and unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of one (1) year after the completion of this contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any system engineering or technical direction support work under this contract on any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their development or marketing. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts or subcontracts for advisory and assistance services. (D) If, under this contract, the Contractor prepares a complete or essentially complete statement of work or specifications to be used in CMS competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such CMS statement of work or specifications. The Contractor shall not incorporate its products or services in such CMS statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply. (E) Access to and use of information: (1) If the Contractor, in the performance of this contract, obtains access to information, such as Government plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data which has not been released or otherwise made available to the public, the Contractor agrees that it shall not: (a) Use such information for any private purpose unless the information has been released or otherwise made available to the public; (b) Compete for work based on such information for a period of one (1) year after either the completion of this contract, or until such information is released or otherwise made available to the public, whichever is first; (c) Submit an unsolicited proposal which is based on such information until six (6) months after such information is released or otherwise made available to the public; and, (d) Release such information unless such information has previously been released or otherwise made available to the public by the Government. (2) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information. (F) Disclosure after award: (1) The Contractor agrees that, if changes, including additions, to the facts disclosed by it prior to award of this Contract, occur during the performance of this Contract, it shall make an immediate and full disclosure of such changes in writing to the Contracting Officer. Such disclosure shall include a description of any action which the Contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest. The Government may, however, terminate for convenience if it deems such termination to be in the best interest of the Government. (2) In the event that the Contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the Contracting Officer, the Contracting Officer may terminate for default. (G) Remedies: For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict of interest at the time of or after award, the Government may terminate for default, and pursue such other remedies as may be permitted by law. (H) Waiver: In accordance with FAR 9.503, any request for waiver must be in writing, shall set forth the extent of the conflict, and requires approval by the agency head or a designee. Agency heads shall not delegate waiver authority below the level of head of a contracting activity. The agency head or a designee may waive any general rule or procedure of this subpart by determining that its application in a particular situation would not be in the Government's interest. (I) Subcontracts: This Organizational Conflict of Interest clause shall flow down to all subcontractors unless an exemption is specifically approved by Contracting Officer, CMS. H.6 INFORMATION TECHNOLOGY INVESTMENT ACQUISITION REQUEST The Contractor must obtain written CMS, Office of Information Services' (OIS) approval for all Information Technology (IT) Investments (e.g. acquisition of hardware, software, telecommunication protocols, networking, etc.), to ensure compatibility and successful integration with CMS' infrastructure. Any request for an IT investment acquisition should be submitted to the Government Project Officer (PO) or Government Task Leader (GTL) with a copy to the Contracting Officer. The Contracting Officer shall notify the contractor in writing of CMS' approval or disapproval of the acquisition requests. If approved, the contract shall be modified accordingly and the contractor may proceed with the IT investment acquisition. The Government may disallow any contractor incurred costs that would not be allocable to the approved IT investment acquisition. H.7 MONITORING The Contractor shall be subject to periodic contract performance reviews as may be deemed necessary by the Contracting Officer or the COTR as his/her designee. The contractor shall make its records and facilities available to the Contracting Officer for purposes of such monitoring of contract performance. H.8 EMPLOYMENT OF CMS PERSONNEL RESTRICTED In performing this contract, the Contractor shall not use as a consultant or employ (on either a full or part time basis) any CMS personnel without the prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will exist. H.9 HIPAA BUSINESS ASSOCIATE PROVISION II Definitions: All terms used herein and not otherwise defined shall have the same meaning as in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA," 42 U.S.C. sec. 1320d) and the corresponding implementing regulations. Provisions governing the Contractor's duties and obligations under the Privacy Act (including data use agreements) are covered elsewhere in the contract. "Business Associate'' shall mean the Contractor. "Covered Entity" shall mean CMS' Medicare Fee for Service program and/or Medicare's Prescription Drug Discount Care and Transitional Assistance Programs. "Secretary" shall mean the Secretary of the Department of Health and Human Services or the Secretary's designee. Obligations and Activities of Business Associate (a) Business Associate agrees to not use or disclose Protected Health Information ("PHI"), as defined in 45 C.F.R. § 160.103, created or received by Business Associate from or on behalf of Covered Entity other than as permitted or required by this Contract or as required by law. (b) Business Associate agrees to use safeguards to prevent use or disclosure of PHI created or received by Business Associate from or on behalf of Covered Entity other than as provided for by this Contract. Furthermore, Business Associate agrees to use appropriate administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information ("EPHI"), as defined in 45 C.F.R. 160.103, it creates, receives, maintains or transmits on behalf of the Covered Entity to prevent use or disclosure of such EPHI. (c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Contract. (d) Business Associate agrees to report to Covered Entity any use or disclosure involving PHI it receives/maintains from/on behalf of the Covered Entity that is not provided for by this Contract of which it becomes aware. Furthermore, Business Associate agrees to report to Covered Entity any security incident involving EPHI of which it becomes aware. (e) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Contract to Business Associate with respect to such information. Furthermore, Business Associate agrees to ensure that its agents and subcontractors implement reasonable and appropriate safeguards for the PHI received from or on behalf of the Business Associate. (f) Business Associate agrees to provide access, at the request of Covered Entity, to PHI received by Business Associate in the course of contract performance, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR § 164.524. (g) Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 upon request of Covered Entity. (h) Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to Covered Entity, or to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the various rules implementing the HIPAA. (i) Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. (j) Business Associate agrees to provide to Covered Entity, or an individual identified by the Covered Entity, information collected under this Contract, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. Permitted Uses and Disclosures by Business Associate Except as otherwise limited in this Contract, Business Associate may use or disclose PHI on behalf of, or to provide services to, Covered Entity for purposes of the performance of this Contract, if such use or disclosure of PHI would not violate the HIPAA Privacy or Security Rules if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. Obligations of Covered Entity (a) Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI. (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. (c) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. Permissible Requests by Covered Entity Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy or Security Rules. Term of Provision (a) The term of this Provision shall be effective as of {insert effective date}, and shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. (b) Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (1) Provide an opportunity for Business Associate to cure the breach or end the violation consistent with the termination terms of this Contract. Covered Entity may terminate this Contract for default if the Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; or (2) Consistent with the terms of this Contract, terminate this Contract for default if Business Associate has breached a material term of this Contract and cure is not possible; or (3) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. (c) Effect of Termination. (1) Except as provided in paragraph (2) of this section, upon termination of this Contract, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. (2) In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon such notice that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Contract to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. Miscellaneous (a) A reference in this Contract to a section in the Rules issued under HIPAA means the section as in effect or as amended. (b) The Parties agree to take such action as is necessary to amend this Contract from time to time as is necessary for Covered Entity to comply with the requirements of the Rules issued under HIPAA. (c) The respective rights and obligations of Business Associate under paragraph (c) of the section entitled "term of Provision" shall survive the termination of this Contract. (d) Any ambiguity in this Contract shall be resolved to permit Covered Entity to comply with the Rules implemented under HIPAA. H.10 ADP SYSTEMS SECURITY REQUIREMENTS The central tenet of the CMS Information Security (IS) Program is that all CMS information and information systems shall be protected from unauthorized access, disclosure, duplication, modification, diversion, destruction, loss, misuse, or theft-whether accidental or intentional. The security safeguards to provide this protection shall be risk-based and business-driven with implementation achieved through a multi-layered security structure. All information access shall be limited based on a least-privilege approach and a need-to-know basis, i.e., authorized user access is only to information necessary in the performance of required tasks. Most of CMS' information relates to the health care provided to the nation's Medicare and Medicaid beneficiaries, and as such, has access restrictions as required under legislative and regulatory mandates. The CMS IS Program has a two-fold purpose: (1) To enable CMS' business processes to function in an environment with commensurate security protections, and (2) To meet the security requirements of federal laws, regulations, and directives. The principal legislation for the CMS IS Program is Public Law (P.L.) 107-347, Title III, Federal Information Security Management Act of 2002 (FISMA), http://csrc.nist.gov/drivers/documents/FISMA-final.pdf. FISMA places responsibility and accountability for IS at all levels within federal agencies as well as those entities acting on their behalf. FISMA directs Office of Management and Budget (OMB) through the Department of Commerce, National Institute of Standards and Technology (NIST), to establish the standards and guidelines for federal agencies in implementing FISMA and managing cost-effective programs to protect their information and information systems. As a contractor acting on behalf of CMS, this legislation requires that the Contractor shall: • Establish senior management level responsibility for IS, • Define key IS roles and responsibilities within their organization, • Comply with a minimum set of controls established for protecting all Federal information, and • Act in accordance with CMS reporting rules and procedures for IS. Additionally, the following laws, regulations and directives and any revisions or replacements of same have IS implications and are applicable to all CMS contractors. • P.L. 93-579, The Privacy Act of 1974, http://www.usdoj.gov/oip/privstat.htm, (as amended); • P.L. 99-474, Computer Fraud & Abuse Act of 1986, www.usdoj.gov/criminal/cybercrime/ccmanual/01ccma.pdf P.L. 104-13, Paperwork Reduction Act of 1978, as amended in 1995, U.S. Code 44 Chapter 35, www.archives.gov/federal-register/laws/paperwork-reduction; • P.L. 104-208, Clinger-Cohen Act of 1996 (formerly known as the Information Technology Management Reform Act), http://www.cio.gov/Documents/it_management_reform_act_Feb_1996.html; • P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (formerly known as the Kennedy-Kassenbaum Act) http://aspe.hhs.gov/admnsimp/pl104191.htm; • OMB Circular No. A-123, Management's Responsibility for Internal Control, December 21, 2004, http://www.whitehouse.gov/omb/circulars/a123/a123_rev.html; • OMB Circular A-130, Management of Federal Information Resources, Transmittal 4, November 30, 2000, http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html; • NIST standards and guidance, http://csrc.nist.gov/; and, • Department of Health and Human Services (DHHS) regulations, policies, standards and guidance http://www.hhs.gov/policies/index.html These laws and regulations provide the structure for CMS to implement and manage a cost-effective IS program to protect its information and information systems. Therefore, the Contractor shall monitor and adhere to all IT policies, standards, procedures, directives, templates, and guidelines that govern the CMS IS Program, http://www.cms.hhs.gov/informationsecurity and the CMS System Lifecycle Framework, http://www.cms.hhs.gov/SystemLifecycleFramework. The Contractor shall comply with the CMS IS Program requirements by performing, but not limited to, the following: • Implement their own IS program that adheres to CMS IS policies, standards, procedures, and guidelines, as well as industry best practices; • Participate and fully cooperate with CMS IS audits, reviews, evaluations, tests, and assessments of contractor systems, processes, and facilities; • Provide upon request results from any other audits, reviews, evaluations, tests and/or assessments that involve CMS information or information systems; • Report and process corrective actions for all findings, regardless of the source, in accordance with CMS procedures; • Document its compliance with CMS security requirements and maintain such documentation in the systems security profile; • Prepare and submit in accordance with CMS procedures, an incident report to CMS of any suspected or confirmed incidents that may impact CMS information or information systems; and • Participate in CMS IT information conferences as directed by CMS. If the contractor believes that an updated IS-related requirement posted to the CMS website may result in a significant cost impact, the contractor may submit a request for equitable cost adjustment before implementing change. H.11 HHSAR 352.270-19 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JAN 2006) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by Public Law 105-220 under Title IV (Rehabilitation Act Amendments of 1998) and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that all EIT acquired must ensure that: a. 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; and b. Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities. This requirement includes the development, procurement, maintenance, and/or use of EIT products/services; therefore, any proposal submitted in response to this solicitation must demonstrate compliance with the established EIT Accessibility Standards. Information about Section 508 is available at http://www.section508.gov/. (End of provision) H.12 REHABILITATION ACT, SECTION 508, ACCESSIBILITY STANDARDS The contractor shall comply with the Rehabilitation Action, Section 508, Accessibility Standards as referenced below. Federal Government Standards Rehabilitation Act, Section 508, Accessibility Standards 29 U.S.C. 794d (rehabilitation Act as amended) 36 CFR 1194 (508 standards) www.access-board.gov/sec508/508standards.htm (508 standards) www.section 508.gov (website) FAR 39.2 (Section 508) www.access-board.gov/sec508/guide.htm (guide for standards) H.13 APPROVAL OF CONTRACT ACQUIRED INFORMATION TECHNOLOGY (IT) a. The Contractor must obtain the Contracting Officer's written approval prior to the acquisition of any IT investments (see FAR 2.101), for definition of IT to ensure compatibility and successful integration with CMS's infrastructure/architecture. b. In performance of a system life cycle development project, the Contractor must submit to the Project Officer the technical specifications for each of the following incremental phase of the projected life cycle prior to the commencement of work. (i) Design and Engineering (ii) Development, and (iii) Testing c. Upon written approval from the Contracting Officer, the Contractor shall commence work under the approved technical specification for the authorized incremental phase. d. In either instance of an approved IT investment acquisition, or an incremental phase of a system life cycle development project, the contract shall be modified accordingly and the Contractor shall proceed. e. CMS may disallow any contractor incurred cost that would not be allocated to the approved IT investment acquisition. H.14 SECURITY CLAUSE -BACKGROUND - INVESTIGATIONS FOR CONTRACTOR PERSONNEL If applicable, Contractor personnel performing services for CMS under this contract, task order or delivery order shall be required to undergo a background investigation. CMS will initiate and pay for any required background investigation(s). These provisions may be added to an existing contract, task order or delivery order when it is mutually determined by the CMS Project Officer (PO), the Security and Emergency Management Group (SEMG) and the Contracting Officer (CO) that contractor personnel need access to CMS data and/or facilities to perform the contract. After the effective date of this contract, task order, or delivery order modification, the PO and SEMG, with the assistance of the Contractor, shall perform a position-sensitivity analysis based on the duties contractor personnel shall perform on the contract, task order or delivery order. The results of the position-sensitivity analysis will determine first, whether the provisions of this clause are applicable to the contract and second, if applicable, determine each position's sensitivity level (i.e., high risk, moderate risk or low risk) and dictate the appropriate level of background investigation to be processed. Investigative packages may contain the following forms: 1. SF-85, Questionnaire for Non-Sensitive Positions, 09/1995 2. SF-85P, Questionnaire for Public Trust Positions, 09/1995 3. OF-612, Optional Application for Federal Employment, 12/2002 4. OF-306, Declaration for Federal Employment, 01/2001 5. Credit Report Release Form 6. FD-258, Fingerprint Card, 5/99, and 7. CMS-730A, Request for Physical Access to CMS Facilities (NON-CMS ONLY), 11/2003. The Contractor personnel shall be required to undergo a background investigation commensurate with one of these position-sensitivity levels: 1) High Risk (Level 6) Public Trust positions that would have a potential for exceptionally serious impact on the integrity and efficiency of the service. This would include computer security of a major automated information system (AIS). This includes positions in which the incumbent's actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned government activities, whether or not actual damage occurs, particularly if duties are especially critical to the agency or program mission with a broad scope of responsibility and authority. Major responsibilities that would require this level include: a. development and administration of CMS computer security programs, including direction and control of risk analysis and/or threat assessment; b. significant involvement in mission-critical systems; c. preparation or approval of data for input into a system which does not necessarily involve personal access to the system but with relatively high risk of causing grave damage or realizing significant personal gain; d. other responsibilities that involve relatively high risk of causing damage or realizing personal gain; e. policy implementation; f. higher level management duties/assignments or major program responsibility; or g. independent spokespersons or non-management position with authority for independent action. Approximate cost of each investigation: $2,900 2) Moderate Risk (Level 5) Level 5 Public Trust positions include those involving policymaking, major program responsibility, and law enforcement duties that are associated with a "Moderate Risk." Also included are those positions involving access to or control of unclassified sensitive, proprietary information, or financial records, and those with similar duties through which the incumbent can realize a significant personal gain or cause serious damage to the program or Department. Responsibilities that would require this level include: a. the direction, planning, design, operation, or maintenance of a computer system and whose work is technically reviewed by a higher authority at the High Risk level to ensure the integrity of the system; b. systems design, operation, testing, maintenance, and/or monitoring that are carried out under the technical review of a higher authority at the High Risk level; c. access to and/or processing of information requiring protection under the Privacy Act of 1974; d. assists in policy development and implementation; e. mid-level management duties/assignments; f. any position with responsibility for independent or semi-independent action; or g. delivery of service positions that demand public confidence or trust. Approximate cost of each investigation: $2,400 3) Low Risk (Level 1) Positions having the potential for limited interaction with the agency or program mission, so the potential for impact on the integrity and efficiency of the service is small. This includes computer security impact on AIS. Approximate cost of each investigation: $550 The Contractor shall submit the investigative package(s) to the SEMG within three (3) days after being advised by the SEMG of the need to submit packages. Investigative packages shall be submitted to the following address: Centers for Medicare & Medicaid Services Office of Operations Management Security and Emergency Management Group Mail Stop SL-13-15 7500 Security Boulevard Baltimore, Maryland 21244-1850 The Contractor shall submit a copy of the transmittal letter to the CO. Contractor personnel shall submit a CMS-730A (Request for Badge) to SEMG (see attachment in Section J). The Contractor and the PO shall obtain all necessary signatures on the CMS-730A prior to any Contractor employee arriving for fingerprinting and badge processing. The Contractor must appoint a Security Investigation Liaison as a point of contact to resolve any issues of inaccurate or incomplete form(s). Where personal information is involved, SEMG may need to contact the contractor employee directly. The Security Investigation Liaison may be required to facilitate such contact. SEMG will fingerprint contractor personnel and send their completed investigative package to the Office of Personnel Management (OPM). OPM will conduct the background investigation. Badges will not be provided by SEMG until acceptable finger print check results are received; until then the contractor employee will be considered as an escorted visitor. The Contractor remains fully responsible for ensuring contract, task order or delivery order performance pending completion of background investigations of contractor personnel. SEMG shall provide written notification to the CO with a copy to the PO of all suitability decisions. The PO shall then notify the Contractor in writing of the approval of the Contractor's employee(s), at that time the Contractor's employee(s) will receive a permanent identification badge. Contractor personnel who the SEMG determines to be ineligible may be required to cease working on the contract immediately. The Contractor shall report immediately in writing to the SEMG with copies to the CO and the PO, any adverse information regarding any of its employees that may impact their ability to perform under this contract, task order or delivery order. Reports should be based on reliable and substantiated information, not on rumor or innuendo. The report shall include the contractor employee's name and social security number, along with the adverse information being reported. Contractor personnel shall be provided an opportunity to explain or refute unfavorable information found in an investigation to SEMG before an adverse adjudication is made. Contractor personnel may request, in writing, a copy of their own investigative results by contacting: Office of Personnel Management Freedom of Information Federal Investigations Processing Center PO Box 618 Boyers, PA 16018-0618. At the Agency's discretion, if an investigated contractor employee leaves the employment of the contractor, or otherwise is no longer associated with the contract, task order, or delivery order within one (1) year from the date the background investigation was initiated by CMS, then the Contractor may be required to reimburse CMS for the full cost of the investigation. Depending upon the type of background investigation conducted, the cost could be approximately $550 to $2,900. The amount to be paid by the Contractor shall be due and payable when the CO submits a written letter notifying the Contractor as to the cost of the investigation. The Contractor shall pay the amount due within thirty (30) days of the date of the CO's letter by check made payable to the "United States Treasury." The Contractor shall provide a copy of the CO's letter as an attachment to the check and submit both to the Office of Financial Management at the following address: Centers for Medicare & Medicaid Services PO Box 7520 Baltimore, Maryland 21207 The Contractor must immediately provide written notification to SEMG (with copies to the CO and the PO) of all terminations or resignations of Contractor personnel working on this contract, task order or delivery order. The Contractor must also notify SEMG (with copies to the CO and the PO) when a Contractor's employee is no longer working on this contract, task order or delivery order. At the conclusion of the contract, task order or delivery order and at the time when a contractor employee is no longer working on the contract, task order or delivery order due to termination or resignation, all CMS-issued parking permits, identification badges, access cards, and/or keys must be promptly returned to SEMG. Contractor personnel who do not return their government-issued parking permits, identification badges, access cards, and/or keys within 48 hours of the last day of authorized access shall be permanently barred from the CMS complex and subject to fines and penalties authorized by applicable federal and State laws. Work Performed Outside the United States and its Territories The contractor, and its subcontractors, shall not perform any activities under this contract at a location outside of the United States, including the transmission of data or other information outside the United States, without the prior written approval of the Contracting Officer. The factors that the Contracting Officer will consider in making a decision to authorize the performance of work outside the United States include, but are not limited to the following: 1. All contract terms regarding system security 2. All contract terms regarding the confidentiality and privacy requirements for information and data protection 3. All contract terms that are otherwise relevant, including the provisions of the statement of work 4. Corporate compliance 5. All laws and regulations applicable to the performance of work outside the United States 6. The best interest of the United States In requesting the Contracting Officer's authorization to perform work outside the United States, the contractor must demonstrate that the performance of the work outside the United States satisfies all of the above factors. If, in the Contracting Officer's judgment, the above factors are not fully satisfied, the performance of work outside the United States will not be authorized. Any approval to employ or outsource work outside of the United States must have the concurrence of the CMS SEMG Director or designee. H.15 HHSAR 352.270-11 PRIVACY ACT (JAN 2006) This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) (New Window) and applicable agency regulations. The term ‘‘system of records'' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)) (New Window). The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as HHS employees. These provisions also apply to all subcontracts awarded under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)) (New Window). The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work to be performed by the Contractor; and (b) specifies the disposition to be made of such records upon completion of contract performance. H.16 SYSTEMS OF RECORDS The Privacy Act of 1974, Public Law 93-579, and the regulations and general instructions issued by the Secretary pursuant thereto, are applicable to this contract, and to all subcontractors there under to the extent that the design, development, operation or maintenance of a system of records as defined in the Privacy Act is involved. H.17 WAGE DETERMINATION is hereby incorporated as follows as Attachment J-6: Wage Determination No.: 2005-2247 Revision No.: 9 Date Of Revision: 05/26/2009 (End of Section H) SECTION I - CONTRACT CLAUSES I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) is hereby revised in its entirety as follows: 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ a) The following general clauses are applicable: NUMBER TITLE DATE 52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.203-13 Code of Business Ethics and Conduct DEC 2007 52.203-14 Display of Hotline Poster(s) DEC 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-6 52.204-7 Data Universal Number System (DUNS) Number Central Contractor Registration APR 2008 JUL 2006 52.209-6 52.209-8 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Organizational Conflicts of Interest Certificate - Advisory and Assistance Services JAN 2005 NOV 1991 52.215-2 Audit and Records - Negotiation JUN 1999 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications OCT 1997 52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-13 Subcontractor Cost or Pricing Data - Modifications OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications OCT 1997 52.216-7 Allowable Cost and Payment DEC 2002 52.216-8 52.217-5 Fixed Fee Evaluation of Options MAR 1997 JUL 1990 52.217-8 Option to Extend Services NOV 1999 52.219-8 Utilization of Small Business Concerns. MAY 2004 52.219-14 Limitations on Subcontracting DEC 1996 52.222-1 52.222-2 Notice to the Government of Labor Disputes Payment for Overtime Premiums FEB 1997 JUL 1990 52.222-3 52.222-20 Convict Labor Walsh-Healey Public Contracts Act JUN 2003 DEC 1996 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans SEP 2006 52.222-36 Affirmative Action for Workers with Disabilities JUN 1998 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans SEP 2006 52.222-41 52.222-49 52.222-50 Service Contract Act of 1965, as Amended Service Contract Act-Place of Performance Unknown Combating Trafficking in Persons NOV 2007 MAY 1989 AUG 2007 52.223-6 Drug-Free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases. FEB 2006 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-11 Patent Rights-Ownership by the Contractor. DEC 2007 52.227-14 Rights in Data - General DEC 2007 52.228-7 Insurance - Liability to a Third Person MAR 1996 52.229-3 52.232-9 Federal, State, and Local Taxes Limitation on Withholding of Payments APR 2003 APR 1984 52.232-17 52.232-19 Interest Availability of Funds for the Next Fiscal Year JUN 1996 APR 1984 52.232.20 Limitation of Cost APR 1984 52.232-22 Limitation of Funds APR 1984 52.232-23 Assignment of Claims JAN 1986 52.232-25 Prompt payment OCT 2003 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration OCT 2003 52.233-1 Disputes - Alternate I (DEC 1991) JUL 2002 52.233-3 Protest After Award - Alternate I (JUN 1985) AUG 1996 52.233-4 52.237-2 52.237-3 Applicable Law for Breach of Contract Claim Protection of Government Buildings, Equipment, and Vegetation Continuity of Services OCT 2004 APR 1984 JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs. MAY 2001 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-2 Changes - Cost-Reimbursement - Alternate I APR1984 52.243-7 Notification of Changes APR 1984 52.244-2 Subcontracts - Alternate I (June 2007) JUN 2007 52.244-5 52.244-6 Competition in Subcontracting Subcontracts For Commercial Items DEC 1996 MAR 2009 52.245-1 Government Property JUN 2007 52.245-9 Use and Charges AUG 2005 52.246-25 Limitation of Liability-Services FEB 1997 52.249-6 Termination (Cost-Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 I.2 FAR 52.204-8(d) ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http:/ /orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision) I.3 52.207-3 Right of First Refusal of Employment. RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006) (a) The Contractor shall give Government personnel who have been or will be adversely affected or separated as a result of award of this contract the right of first refusal for employment openings under the contract in positions for which they are qualified, if that employment is consistent with post-Government employment conflict of interest standards. (b) Within 10 days after contract award, the Contracting Officer will provide to the Contractor a list of all Government personnel who have been or will be adversely affected or separated as a result of award of this contract. (c) The Contractor shall report to the Contracting Officer the names of individuals identified on the list who are hired within 90 days after contract performance begins. This report shall be forwarded within 120 days after contract performance begins. (End of clause) I.4 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. Reference http://www.opm.gov/ for a detailed listing of General Schedule (GS) pay scales. This Statement is for Information only; it is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Project Manager GS 14 Operations Mgr GS 13/14 Quality Assurance Mgr GS 12/13 Network Administrator GS 12/13 Q/A Specialist GS 11 Case Analyst GS 7/9 Customer Service Rep GS 4/6 I.5 FAR 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990) The Small Business Administration (SBA) agrees to the following: (a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party. (c) Except for novation agreements and advance payments, delegate to the Centers for Medicare and Medicaid Services (CMS), the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the Centers for Medicare and Medicaid Services (CMS) shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government. (d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the Centers for Medicare and Medicaid Services (CMS). (e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract. (f) To notify the Centers for Medicare and Medicaid Services (CMS) Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (End of clause) I.6 FAR 52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (FEB 1990) (a) The Small Business Administration (SBA) has entered into Contract No. _____________ to furnish the supplies and services as described herein. A copy of the contract is attached hereto and made a part hereof. (b) The _________________ subcontractor, hereafter referred to as the subcontractor, agrees and acknowledges as follows: (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ____________________ for the consideration stated therein and that it has read and is familiar with each and every part of the contract. (2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the ________________ with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract. (3) That it will not subcontract the performance of any requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting officer of the __________________. (4) That it will notify the _________________ Contracting Officer in writing immediately upon entering an agreement to transfer all or part of its stock or other ownership interest to any other party. (5) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ________________. I.7 FAR 52.219-17 SECTION 8(A) AWARD (DEC 1996) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following: (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (2) Except for novation agreements and advance payments, delegates to the Centers for Medicare and Medicaid Services (CMS) the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the Centers for Medicare and Medicaid Services (CMS) Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Centers for Medicare and Medicaid Services (CMS). (End of clause) I.8 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) (a) The Contractor shall make the following notifications in writing: (1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. (2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership. (b) The Contractor shall-- (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractors ownership changes; and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change. (c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k). I.9 FAR 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (a) Definition. As used in this clause-- "United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)). Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number: National Labor Relations Board Division of Information 1099 14th Street, N.W. Washington, DC 20570 1-866-667-6572 1-866-316-6572 (TTY) To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov (c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor. (d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law. (e) The requirement to post the employee notice in paragraph (b) does not apply to-- (1) Contractors and subcontractors that employ fewer than 15 persons; (2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees; (3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements; (4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-- (i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and (ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or (5) Work outside the United States that does not involve the recruitment or employment of workers within the United States. (f) The Department of Labor publishes the official employee notice in two variations; one for Contractors covered by the Railway Labor Act and a second for all other Contractors. The Contractor shall-- (1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or (3) Reproduce and use exact duplicate copies of the Department of Labor's official poster. (g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of Clause) I.10 FAR 52.233-2 SERVICE OF PROTEST 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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) I.11 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) (a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (End of clause) I.12 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS (HHSAR) NUMBER TITLE DATE 352.202-1 Definitions JAN 2006 352.216-72 352.223-70 352.224-70 Additional Cost Principles Safety and Health Confidentiality of Information JAN 2006 JAN 2006 JAN 2006 352.228-7 Insurance - Liability to Third Persons DEC 1991 352.232-9 Withholding of Contract Payments JAN 2006 352.233-70 Litigation and Claims JAN 2006 352.242-71 Final Decision on Audit Findings APR 1984 352.249-14 Excusable Delays JAN 2006 352.270-1 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities JAN 2001 352.270-4 Pricing of Adjustments JAN 2001 352.270-5 Key Personnel JAN 2006 352.270-6 Publication and Publicity JAN 2006 352.270-7 Paperwork Reduction Act JAN 2006 352.270-10 Anti-Lobbying JAN 2006 352.270-13 Tobacco Free Facilities JAN 2006 352.270-19a Electronic and Information Technology Accessibility JAN 2006 (End of Section I) &emsp; SECTION J - LIST OF ATTACHMENTS J.1 STATEMENT OF WORK J.2 Appendix A-WCCCS User's Guide J.3 Appendix B-WCRC Deliverables List J.4 Appendix C-WCRC Weekly Report J.5 Appendix D- WCRC-Monthly Status Report J.6 WAGE DETERMINATION J.7 September 30, 2009 GFE/GFP Inventory Listing J.8 Past-Performance Questionnaire J.9 Organizational Conflict of Interest (End of Section J) &emsp; SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (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): www.arnet.gov/far/ 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) K.2 REPRESENTATIONS AND CERTIFICATIONS (The Offeror's representations and certifications must be executed by an individual authorized to bind the Offeror): The offeror makes the following Section K Representations and Certifications as part of its proposal (complete all appropriate information as identified in Section K). _____________________________ ________________________ (Name of Offeror) (RFP No.) _____________________________ ________________________ (Signature of Authorized Individual) (Date) ________________________________________________________________ (Typed Name of Authorized Individual) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12). (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) is hereby incorporated by reference it his provision. (c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract. (d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure. K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is 524298. (2) The small business size standard is NOT TO EXCEED $7,000,000. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ X ] (i) Paragraph (c) applies. (See Section I, 52.204-7, CMS requires CCR registration.) [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. K.5 FINANCIAL INFORMATION - The Offeror shall complete the information below for proposal submission: a. Contractor: ______________________________________ ______________________________________ Address:* ______________________________________ ______________________________________ ______________________________________ ______________________________________ Telephone No.____________________________________ Individual(s) to contact regarding this proposal: ___________________________________ ___________________________________ Dun & Bradstreet, Data Universal Numbering System (DUNS) No.________________________________ (See FAR 52.204-6 -- Data Universal Numbering System (DUNS) Number) *If financial records are maintained at some other location, show the address of the place where the records are kept b. Sales - Please provide the following information with regard to your organization's annual sales: Work distribution for the last complete fiscal accounting period: Government cost reimbursement (includes T&M) type prime contracts and subcontracts: tiny_mce_marker______________ Government fixed price prime contracts and subcontracts: tiny_mce_marker___________ Commercial Sales: tiny_mce_marker______________ Total Sales: tiny_mce_marker______________ c. Separate Entity or Segment: Is your organization a separate entity or separate segment of a parent corporation? __________________________________________________________ If a separate segment of a parent corporation, name parent company: __________________________________________________________ __________________________________________________________ __________________________________________________________ d. Manpower - Total number of organization employees:______________ e. Place of Performance: The offeror shall perform the majority of work on this contract at the following location: Place of Performance - (Name of Facility, Street Address, City, State, Zip) __________________________________________________________________ __________________________________________________________________ c. Estimating System: Has your cost estimating system been approved by any Government agency? Yes_____No_____ If yes, give name and address of agency that approved the system: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ d. Accounting System - Has your accounting system been approved for use on Government cost reimbursement contracts? Yes_____No_____ If yes, give name and address of agency that approved the system: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ What type of software does your organization utilize for its accounting system? _________________________________________________ h. Property Control System - Has your property control system been approved by a Government agency? Yes____No____ If yes, give name and address of agency that approved the system: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ i. Purchasing System - Has your purchasing system been approved by a Government agency? Yes_____No_____ If yes, give name and address of agency that approved the system: __________________________________________________________________ __________________________________________________________________ If no, are purchasing procedures written? Yes____No____ j. Compensation System - Has your compensation system been approved by a Government agency? Yes____No____ If yes, give name and address of agency that approved the system: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Does your organization have an established written incentive compensation or bonus plan for all employees? Yes_____No_____ (If yes, specific policy(ies) may be required at a later date.) Does your organization comply with the limitations of FAR 31.205-6 Compensation for Personal Services? Yes_____No_____. If no, please explain. __________________________________________________________________ __________________________________________________________________ K.6 FAR 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2008) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ❏ are not ❏ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ❏ have not ❏, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property. (C) Are ❏ are not ❏ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The Offeror has ❏ has not ❏, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) K.7 52.209-7 Organizational Conflict of Interest Certificate-Marketing Consultants (NOV 1991) ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE - ADVISORY AND ASSISTANCE SERVICES In accordance with the requirements of FAR 52.209-8, Organizations Conflicts of Interest Certificate - Advisory and Assistance Services (November 1991), and the Office of Federal Procurement Policy Letter 89-1, Conflict of Interest Policies Applicable to Consultants, as a condition of award of a contract, the apparent successful offeror submits to the contracting officer the certificate below: Solicitation No.(Insert RFP No.), with (Insert ICD) for (Provide a brief description of services to be provided) 1. Apparent Successful Offeror Name: Address: Telephone No. including area code: Federal Taxpayer Identification No.: 2. Please list below (or use additional paper if necessary), the name, address, telephone number of the client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer/employee of the offeror who is knowledgeable about the services rendered to each client, if, in the 12[1] months preceding the date of the certification, services were rendered to the Government or any other client, (including any foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter: [Please list the agency and contract number, if applicable.] 3. The individual signing this certificate below certifies that to the best of his/her knowledge and belief, no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant contract, or that any actual or potential conflict of interest or unfair competitive advantage that does exist with respect to the contract in question has been communicated in writing to the contracting officer or his or her representative. Name: Title: Signature: Employer's Name: Employer's Address: Telephone Number: In accordance with the requirements of FAR 52.209-7, Organizational Conflicts of Interest - Marketing Consultants (November 1991), and the Office of Federal Procurement Policy (OFPP) Letter 89-1, Conflict of Interest Policies Applicable to Consultants, as a condition of award of a contract. An individual or firm that employs, retains, or engages contractually, one or more marketing consultants in connection with respect to each marketing consultant, the certificate below: On Solicitation Number (Insert RFP No.), with the (Insert ICD), NIH 1. The following services have been rendered by, or are to be the following marketing consultant: a. Name of Marketing Consultant: b. Address: c. Telephone No., Including Area Code: d. Federal Taxpayer Identification No.: e. Name, Address and Telephone No. of Officer/Employee of Marketing Consultant who has Personal Knowledge of the Marketing Consultant's Involvement in the Contract: f. Description of Nature of Services: 2. Name, address and telephone of the client(s), name of responsible officer/employee of the marketing consultant who is knowledgeable about the services provided to such client(s), if, based on information provided to the contractor by the marketing consultant, any marketing consultant is rendering or, in the 12[1] months preceding the date of the certificate, has rendered services respecting the same subject matter of the instant solicitation, or directly relating to such subject matter, to the Government or any other client (including any foreign Government or person). (IF NONE, PLEASE INSERT "N/A") 3. The individual signing this certificate below for the prime contractor certifies that he/she has informed the marketing consultant of the existence of Subpart 9.5 of the FAR and of the OFPP Policy Letter 89-1. Name: Title: Signature: Employer's Name: Employer's Address: Telephone No., Including Area Code: In addition to this certification, the apparent successful offeror shall forward to the contracting officer a certificate signed by the marketing consultant that the marketing consultant has been informed of the existence of FAR Subpart 9.5 and of OFPP Policy Letter 89-1, and that to the best of the marketing consultant's knowledge and belief, he/she has provided no unfair competitive advantage to the prime contractor with respect to services rendered to be rendered in connection with this solicitation, or that any unfair competitive advantage that does or may exist has been disclosed to the offeror. THIS CERTIFICATE SHOULD ACCOMPANY THE ABOVE CERTIFICATE EXECUTED BY THE APPARENT SUCCESSFUL OFFEROR AND BE SENT TO THE CONTRACTING OFFICER PRIOR TO AWARD. Footnotes: [1] for Appendix 1, # 2 - If approved by the head of the contracting activity, this period may be increased up to 36 months. [2] for Appendix 2, # 2 - If approved by the head of the contracting activity, this period may be increased up to 36 months. -End of Section K- &emsp; Section L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS L.1 PROCUREMENT TIMELINE (Dates are estimates) Request for Proposal (RFP) Released: May 28, 2010 Questions Due: June 7, 2010 Answers To Be Issued: June 14, 2010 Notice of Intent To Submit Proposals: June 15, 2010 Technical & business Proposals are Due: June 30, 2010 Past Performance Questionnaires are Due: June 29, 2010 Schedule Oral Presentations: July 6, 2010 Oral Presentations Begin: July 19, 2010 Oral Presentations End: July 30, 2010 L.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (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://www.arnet.gov/far/ Federal Acquisition Regulation (FAR) Clauses: 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003) 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 52.222-46 EVALUATION OF COMPENSATION FOR PROEFSSIONAL EMPLOYEES (FEB 1993) 52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997) 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984) L.3 SOLICITATION PROVISION As indicated in the general rules in 9.505, significant potential organizational conflicts of interest are normally resolved by imposing some restraint, appropriate to the nature of the conflict, upon the contractor's eligibility for future contracts or subcontracts. Therefore, affected solicitations shall contain a provision that- (a) Invites offerors' attention to this subpart; (b) States the nature of the potential conflict as seen by the Contracting Officer; (c) States the nature of the proposed restraint upon future contractor activities; and (d) Depending on the nature of the acquisition, states whether or not the terms of any proposed clause and the application of this subpart to the contract are subject to negotiation. (A) Due to the overriding need for contractor independence and to avoid significant potential organization conflicts of interest (as defined in FAR 9.501) and/or the appearance of impartiality and/or unfair competitive advantage the awardee and their subcontractor's may be precluded from the future award of CMS related contracts and/or subcontracting or consulting for a CMS supplier. (B) Since the contractor's independence is vital to the usefulness and value of its services and the contractor's findings and recommendations may affect future CMS contracting, CMS foresees very few circumstances under which the contractor could perform other CMS contracts, or commercial work related to support the activities, processes, and tools required for the operations of the Workers Compensation Review program or subcontracts without presenting a potential organizational partiality and/or unfair competitive advantage. In accordance with the FAR, the CMS Contracting Officer will make a case-by-case determination of the existence of organizational conflicts of interest. If a potential organizational conflict of interest is identified, the Contracting Officer will determine if the conflict can be sufficiently mitigated. Prior to proposal, offerors should examine relevant Federal laws and regulations on organizational conflict of interest, including but not limited to FAR 9.501 - 9.508. If awarded this contract, the Contractor must disclose its contract status in all future bids and/or proposals made to CMS for a period of one year after the conclusion of this contract. The impact of the FAR 9.501 - 9.508 and/or the terms of this clause are subject to negotiation. (C) The successful offeror must have complete independence in this effort (unless specifically exempted by the CMS Contracting Officer). Contractors desiring to provide services to CMS under this procurement shall be ineligible to participate in any contracts, subcontracts, or proposals (solicited and unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of one (1) year after the completion of this contract. CMS does not intend to suspend, terminate, or otherwise end current contract(s) with the successful offeror due to award of this contract. However, proposals on this effort submitted by offeror(s) who currently have a contract with CMS which contains either option years, or the potential for additional period(s) of performance, will be reviewed to determine whether the offeror can be awarded this contract and maintain complete independence. However as the clause in H.5 indicates the Contractor is not precluded from competing for follow-on contracts or subcontracts for advisory and assistance services (D) Contractors must disclose all potential and actual conflicts of interest. Contractors shall submit a plan to mitigate all potential and actual conflicts described in its proposal with the information required at Section H.5 of the WCRC contract or a certification that all work to be performed under this contract is free of conflicts of interest. Note: The contractor is also responsible for determining if an organizational conflict of interest exists with subcontractors and in subcontracts and for ensuring that the subcontractor has mitigated any conflict or potential conflict prior to the award of any subcontract for furnishing supplies or services under the prime contract. (E) The following paragraphs illustrate situations in which questions concerning conflicts of interest may arise. These situations are not all inclusive, but are intended to help contractors identify their own organizational conflicts of interest. 1. During the performance of this requirement, it is anticipated that the contractor will have access to proprietary information. When a contractor requires proprietary information from others to perform a Government contract and can leverage the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. Therefore, if two or more primes are teaming with the same subcontractor, there would be an actual conflict. In this case, the subcontractor would not be able to mitigate its prior knowledge of the proposals to the other primes without complete recusal of the subsequent teaming arrangements). However, this would not preclude an otherwise successful prime from subcontracting with the same subcontractor after the solicitation phase and award of the contract. 2. WCRC Support may also involve the review of the cases, products, or services of other firms who had been commercial competitors. A WCRC contract shall not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government's interests. 3. If the offeror has been substantially involved in, and continues the representing of beneficiaries and claimants within any Workers Compensation state system and then competes for any of the CMS system(s) or its components, the offeror would potentially be biased in evaluating and testing those prior cases. (F) CMS will not award a contract to an offeror who has an unresolved conflict of interest. L.4 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS STANDARD The NAICS code for this acquisition is 524298 The small business size standard is $7 million average annual income. L.5 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2004) Definitions. As used in this provision -- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the Offeror being allowed to revise its proposal." "In writing," "writing," or "written" means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the Offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show -- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and -- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. ii(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an Offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (4) Unless otherwise specified in the solicitation, the Offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the Offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall -- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitstion to the responsible offeror(s) whose proposal(s) represent s the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government's interest. (3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer 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. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal. (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest(s) to do so. The Government reserves the right to change the type of contract to be awarded, if it is determined in the Government's best interest(s) to do so. (7) Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful Offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) If a post-award debriefing is given to requesting Offerors, the Government shall disclose the following information, if applicable: (i) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror's offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed Offeror and past performance information on the debriefed Offeror. (iii) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection. (iv) A summary of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror. (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency L.6 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a cost plus fixed fee contract. For purposes of evaluation, Offerors shall submit proposals based upon a cost plus fixed fee type contract. However, the Contracting Officer reserves the right to award any contract type/pricing arrangement. Offerors should note that the Government reserves the right to expand and/or modify any resultant contract and it's SOW in order to ensure continued services and to promote efficiency within the Medicare program. L.7 52.233-2 SERVICE OF PROTEST (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: Mark Werder, Mailstop C2-21-15 7500 Security Boulevard Baltimore, Maryland 21244-1850 (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.8 SUBMISSION OF REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) In accordance with FAR 52.204-8, Annual Representations and Certifications (JAN 2006) Offerors are required to maintain and submit representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website. The ORCA website can be accessed via the Internet at http://www.bpn.gov. Agency-specific representations and certifications must be completed and submitted in hardcopy format. The Section K Agency-specific representations and certifications provided in Section K as K.1 through K.3 must be submitted in hardcopy format as a separate section of the Offeror's business proposal. For additional details regarding electronic submission of annual representations and certifications see: http://www.acqnet.gov/far/FAC/fac2001-26.pdf L.9 SMALL BUSINESS SUBCONTRACTING PLAN This provision does not apply to small business concerns. L.10 SOLICITATION QUESTIONS All questions concerning this formal Request for Proposal shall be submitted electronically via email to the following address: alan.fredericks@cms.hhs.gov by 5:00pm Eastern Standard Time (EST) Monday, June 7, 2010. Answers to questions that CMS determines to be necessary for proposal preparation will be conveyed in the form of a solicitation amendment and posted on the FEDBIZOPPS website (www.fedbizopps.gov) on or about Monday, June 14, 2010. Technical questions submitted by telephone or verbally will not be honored. The Offeror shall group its questions by RFP contract sections A through M. The offer shall indicate the solicitation number in the subject line of all emails pertaining to this solicitation. Submission of questions shall include at a minimum, company name, address, point of contact, phone number. EACH question submitted by the Offeror shall be numbered and include: (1) SOW section number and/or title (including subparagraph designations) or solicitation section and/or title being referenced. (2) Complete description of the question NOTE: Questions submitted in chart or graph format will not be accepted. L.11 PROPOSAL SUBMISSION AND DELIVERY The Offeror shall deliver to the address below on or before Wednesday, June 30, 2010 by 2:00pm EST: • Two(2) paper/hard copy Written Technical Proposal - Volume I; plus six(6) CD-ROM copies. • Two(2) paper/hard copy Business Proposal - Volume II; plus six (6) CD-ROM copies of the Business Proposal Cost Templates; Copies of each of the Proposal (Volumes I, II,), in their entirety, shall be submitted on a CD-ROM submitted in Microsoft Office Word or Excel - Version 2003 or 2007. Signed annual reports and corporate policies may be submitted in Adobe Acrobat or PDF format. Organizational charts may be submitted in Microsoft PowerPoint or Adobe version 2003 or 2007. Note: Microsoft Project Files are not acceptable (version 2003 or 2007). The Offeror should submit its proposal PRINTED and COPIED DOUBLE-SIDED on RECYCLED PAPER to the greatest extent practicable to: Centers for Medicare & Medicaid Services Office of Acquisitions and Grants Management Attn: Al Fredericks, Contract Specialist 7500 Security Boulevard Mail Stop C2-21-15 Baltimore, Maryland 21244-1850 Offerors are hereby advised that the place for submission of proposals (*CMS Single Site at 7500 Security Blvd, Baltimore (Woodlawn), Maryland), is a secure building. Proposal delivery must be made to the exact location stated in this solicitation on or before the date and time specified. Offerors are also advised to make sure that the proposal is clearly marked as to: A. The RFP number and title; B. Submitting organization identification/phone number C. The date and time due for receipt; Offerors shall enter the CMS single site facility through the Main Gate-Security Blvd. Delivery shall be made to the front security guard desk in the main lobby. Packages can not be left with security. Upon arrival, offerors must call the Contract Specialist, Alan Fredericks, at 410-786-8622 to receive the package. Offerors are cautioned that proposals are considered ‘received' by CMS when the Offeror receives a signed receipt by the Contract Specialist or Contracting Officer or their designees indicating the time and date of proposal receipt; which, if following the above guidance, will take place at the CMS front lobby security desk. Proposal delivery by a private mail carrier/courier service are not accepted in the CMS mailroom and therefore, Offerors' proposals may not be delivered timely to the location and person specified in this solicitation. L.12 GENERAL INSTRUCTIONS The Offeror shall identify, in the header or the footer throughout the proposal, the Offeror's name and the solicitation number/title for which the Offeror is submitting the proposal. Sections ‘a' through ‘o' establish the acceptable minimum requirements for the format and content of proposals. a. General The following instructions will establish the acceptable minimum requirements for the format and contents of proposals. The Offeror's proposal submission shall consist of: 1. Volume I Written Technical Proposal See specific instructions in L.14 2. Volume II Business Proposal See specific instructions in L.15 3. Oral Presentations - See specific instructions in L.18 Each of the volumes shall be separate and complete so that the evaluation of one may be accomplished independent of the evaluation of the other. b. Oral Presentations Oral Presentations will be conducted with all Offerors who submit a written proposal that are determined to be responsive to the solicitation requirements. The CMS will schedule oral presentations after receipt and review of the written proposals. c. Performance of Work It is the Government's intention that all work under this contract shall be performed within the United States d. Section M. Evaluation Factors for Award The Government will evaluate proposals in accordance with the evaluation criterion set forth in Section M., Evaluation Factors for Award, of this solicitation. e. Proposals Included in the Official Contract File Offerors are advised that its proposal will not become part of the official contract file. f. Clauses Any resultant contract shall include the FAR clauses applicable to the selected Offeror's organization and type of contract award. Copies of the FAR clauses may be obtained at the following address: http://www.arnet.gov/far. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included. g. Costs for Proposal Submission This solicitation does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. h. Late Proposals Late proposals will be handled in accordance with FAR 52.215-1, Instructions to Offerors Competitive Acquisition (JAN 2004) (Solicitation Section L.5.). i. Intent to Submit a Proposal The Offeror shall indicate its intent to submit a proposal for this solicitation no later than COB-June 15, 2010. This notice shall be submitted via e-mail to the following email address: alan.fredericks@cms.hhs.gov. The intent to submit a proposal is not binding. It is for planning purposes only. Failure to indicate intent to submit a proposal does not preclude an Offeror from submitting a proposal. At a minimum, the Offerors shall provide the name of the company/entity intending to submit a proposal. j. Signature The proposal must be signed by an official authorized to bind its organization. l. Binding and Labeling Offerors shall use three-ringed binders to submit proposals. A binder cover sheet shall be affixed to each volume, which clearly identifies each volume, volume number, copy number (i.e., copy 1 of 2), the solicitation identification number, and the Offeror's name. The original of Volumes I, and shall be marked ORIGINAL and all other copies shall be marked COPY # ___ of ___. m. Indexing TAB indexing shall be used to identify all sections. Each section shall be organized such that an extensive search of documents is not necessary to review the proposal. n. Amendment/Cancellation CMS reserves the right to amend or cancel the solicitation as necessary to meet CMS requirements. o. Page Size, Typing, Spacing, and Page Numbering (1) Page size shall be 8.5 by 11 inches unless otherwise indicated. Foldouts will count as two pages. (2) Page size for Business Proposal templates may be 11 inches by 17 inches and must be readable. (3) The proposal shall be page numbered. (4) Submit proposals, to the extent possible, on high-grade white paper, which can be recycled. (5) Type size shall not be less than 11-point font type Times New Roman. (6) Each page shall be single-spaced and shall not be compressed. Each page shall have a 1" margin on all 4 sides; header and footer information may be contained within the 1" area. (7) Proposal text headings shall be no smaller than 10-point Arial Narrow Bold. (8) Table text shall be no smaller than 8-point Arial-Narrow, single-line spacing, no compression. (9) Proposal Graphics shall be no smaller than 8-point Arial Narrow, single-line spacing, no compression. (10) The Contracting Officer, at his/her discretion, shall have the authority to waive minor deviations from the above specifications. If an Offeror would like to request a deviation from the listed specifications, then the Offeror must submit this request in writing to the Contracting Officer and Contract Specialist at least two weeks prior to the date proposals are due. L.13 PROPOSAL ASSUMPTIONS Offerors shall use the following assumptions when developing their proposal: a. Implementation Cutover Date: 11/20/2010 The Offeror shall use the Implementation cutover date developed by CMS when developing its proposed CLIN costs associated with its Project Plan. At the implementation cutover date the outgoing Workers' Compensation Review Contractor (WCRC) ceases Medicare operations and the incoming WCRC begins to perform full Medicare production business functions. b. It is anticipated that the CMS contract award for the WCRC shall be made on or before September 15, 2010. This will allow at least a 60 -day transition/ramp-up period. c. For estimating purposes, the annual workloads in the Statement of work shall be used by all Offerors in preparing their technical and business proposals. d. Change Requests Historically, any and all changes to the Workers Compensation Case Control System (WCCCS), which is maintained by CMS and another third-party contractor and which is utilized by the WCRC to prepare WCMAs, are coordinated with, and input is solicited from, the WCRC. (1) For proposal purposes, Offerors shall assume that the estimated workload and the production Workers' Compensation Review solution/process are stable and static. However - the volume of new cases received in any given month, and therefore, the inventory of total cases to be worked, will vary. The anticipated volume of monthly new case receipts can be any number between 2500 to 1500. L.14 COMMUNICATIONS PRIOR TO CONTRACT AWARD Offerors shall direct all communications to the attention of the Contract Specialist/Contracting Officer cited on the cover letter of this solicitation unless otherwise amended. Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement. L.15 WRITTEN TECHNICAL PROPOSAL ORGANIZATION The Offeror shall identify, in the header or the footer throughout the proposal, the Offeror's name and the jurisdiction for which the Offeror is submitting the proposal. Offerors must adhere to the page limits defined below. Pages provided beyond the limit will not be viewed, but will be discarded and not evaluated. Volume I should NOT contain reference to price/cost. a. Volume I - Written Technical Proposal (limit of 50 pages) The Offeror's technical written proposal shall be organized as follows: L.16 VOLUME I - WRITTEN TECHNICAL PROPOSAL INSTRUCTIONS (limit of 50 pages) Tab A: Table of Contents (not included in 50-page limit) Offerors shall include a Table of Contents that identifies and clearly labels the various Volume I sections. Tab B: Past Performance Instructions (maximum 3 references - not included in 50-page limit) In determining the overall rating for the Past Performance criteria, CMS will consider the findings in relation to four elements: Customer Service, Financial Management&Control, Operational Excellence(Quantity), and Production Quality. These elements align to CMS' goals in the SOW (see Attachment J-1 of this solicitation) and are defined in section M.1 of this solicitation. Offerors shall submit the information described below as part of its written technical proposal for both the Offeror (as prime) and proposed subcontractors. Offerors shall submit a Past Performance Questionnaire (PPQ) from a maximum of three (3) contracts and/or subcontracts for same or similar work (completed and/or currently in progress) for the prime contractor and any subcontractors for the last five (5) years. Offerors and proposed subcontractors shall limit the number of PPQs submitted to no more than five each. Contracts listed may include those entered into with the Federal Government, agencies of state and local governments and commercial customers. Include the following information for each contract and subcontract: • Name of Contracting Activity • Contract Number and Task order Number, if applicable • Contract Type • Total Contract Value • Brief Contract Description - No more than ¼ page each • Government Contracting or Technical Program Officer and Telephone • Information on problems encountered and Offeror's corrective action (if applicable) - No more than ½ page each • A copy of each reference's PPQ identified above If the Offeror has performance evaluations stored in the NIH Contractor Performance System (CPS), the requirement for submission of the hard copy performance evaluations may be eliminated since CMS has access to information contained in the NIH CPS. In these scenarios, the Offeror shall identify those evaluations held in the NIH CPS. 1. A joint venture having no past performance history itself may provide references based on the constituent companies. In addition, Offerors having no organizational past performance record may provide references for proposed personnel. 2. The Offeror may describe any quality awards or certifications received in the past five (5) years that indicate the Offeror possesses a high-quality process for developing and producing the services required. Describe when the award or certification was bestowed, by whom, and how earned. 3. The attached questionnaire (Attachment J.14) must be submitted directly by the references listed in paragraph L.14. above. Attachment J.14 includes a sample cover letter, instructions for questionnaire response and the questionnaire. References shall be asked to submit their responses directly to CMS no later than one (1) week after the proposal due date. References other than those identified by the Offeror may be contacted by the Government with the information received and used in the evaluation of the Offeror's past performance. CMS may also review the NIH Contractor Performance System (CPS) and may review the Federal Government's Past Performance Information Retrieval System (PPIRS) for existing performance evaluations. If your designated reference above has previously submitted an evaluation in either of these systems they do not need to resubmit using the form attached. CMS will locate the evaluation in the appropriate performance system. When making the competitive range determination, an Offeror's past performance rating will contain information up to the date of initial proposal submission. When making the contract award determination, an Offeror's past performance rating will contain information up to the date of final proposal submission. However, the Government is not prevented from considering any other relevant past performance information that may become available. TAB C: Technical Understanding (included in 50 page limit) In determining the overall rating for the technical understanding criteria, CMS will consider the findings in relation to Section M2 criteria. These elements align to CMS' goals in the SOW (see Attachment J-1 of this solicitation). Tab C.1: Personnel Tab C.1.1: Staffing Plan (included in 50-page limit) The Offeror shall submit a staffing plan that presents/outlines the Offeror's staffing strategy for providing and retaining qualified personnel for the life of the contract across the prime and subcontractors. 1. The Offeror shall describe its staffing strategy to ensure that the FTEs proposed are in place prior to the start of the base year (CLIN 0002) operations. 2. The Offeror shall also describe its recruitment strategy and timeline for obtaining those staff, and contingency plans to respond to staff turnover. 3. The offer shall describe a training approach for staff under the WCRC contract. This approach will include a training program and timeline for new hires, and ongoing training and education for staff during the performance of the contract. Tab C.1.2: Position Descriptions by function (not included in 50 page limit) For each labor category, the Offeror shall provide a description of the activities performed and the minimal education and/or experience requirements. When the same labor category is identified for multiple SOW WBS line items (e.g., Analyst I is proposed for C.5.3, C.5.8, and C.5.10), the Offeror shall provide a description of activities performed specific to each SOW WBS line item. Tab C.1.3: Key Personnel (resumes limited to 2 pages each and letters of commitment limited to one (1) page each (not included in 50-page limit) The Offeror shall identify and provide resumes for all (four) key personnel identified in the SOW. The Offeror shall provide a letter of commitment for all key personnel not currently employed by the Offeror or subcontractor. Letters of Commitment shall include the date of availability, how long the individual's commitment is binding, and be signed by the individual and the Offeror's corporate authorized official. Resumes and Letters of Commitment shall be provided and is not included in the technical proposal page limit; resumes should not exceed two pages each. Each resume shall begin with a summary of the experience and expertise directly applicable to this contract, including, where applicable, the number and level of expertise of all personnel managed. Each resume shall contain sufficient detail to clearly indicate the person is qualified for the position proposed (i.e., length of time for which the experience applies, the number and level of personnel managed, the directly applicable Medicare experience, the directly applicable technical experience, etc.). Each resume shall contain the following, at a minimum: Individual's Name and the position being considered. Educational background, including academic degrees and the year conferred. Technical training, including program year completions. Years of applicable experience. Citizenship/if resident alien-visa/work status History of applicable employment experience only identifying the technical qualifications relevant to the SOW and labor categories. History of other experience and professional accomplishments that the Offeror may wish to present to demonstrate qualifications of the proposed individual. Tab C.2: Transition Plan (included in the 50-page limit) The offeror should perform and detail the requirements review to be performed, and list those assets and capabilities required to successfully perform WCRC production activities. 1. Any assets or capabilities which are not already on hand, and which are to be sourced, procured, and put in place, shall be identified. A detailed schedule and discussion of activities and efforts to acquire, put-in-place, train, and make ready to commence production 11/20/10 shall be provided. 2. One composite/comprehensive schedule of all activities/WBS, with time phased target achievement dates, shall be provided, in order to allow new WCRC to commence production 11/20/10. 3. Offerors' are to see inventory listing of existing WCRC-program specific GFE provided as attachment J.8., to this solicitation. Offerors are advised however that this equipment is, for the most part, currently in production at incumbent WCRC contractor, and will not become available for use until after 11/20/10, with the closure and dissolution of existing WCRC contractor offices, therefore, offerors should not assume that existing equipment inventory is available to perform transition. TAB C.3 Project/Production Plan/Concept of Operations (included in-50 page limit) 1. Offeror should provide production flow chart to detail how they envision the production of work to flow through their facility. Individual process steps and work inputs shall be identified and discussed, and Offeror shall describe accomplishment of WCMSA pricing function 2. Offeror may include any pertinent operational information it believes will demonstrate/evidence its capacities to accomplish the SOW, its understanding of the SOW, and convey the high probability of a successful outcome in performing the SOW. Tab C.4: Quality Assurance/Quality Control/Continuous Improvement Plan(s)(included in 50 page limit) Tab C.5: Medical/Prescription Review Strategy (included in 50 page limit) The Offeror shall provide its proposed Medical/Prescription Review strategy to support its proposed Medical Reviewworkloads. The Offeror shall describe actions to prevent inappropriate payments while ensuring that services rendered to Medicare beneficiaries are medically necessary, correctly coded, and reimbursed to legitimate providers. The Offeror shall also describe its quality assurance process for its Medical Review activities. *Note: The Offeror's oral presentation will be considered when assessing technical understanding. Section L.19 of this solicitation provides the organization and instructions for the oral presentation. TAB D: Attestations (not included in the 50 page limit) The Offeror shall submit two attestations with its Proposal to demonstrate that it complies with CMS' requirements: • Information Security Attestation. The Offeror shall attest that its Information and System Security Plans are in compliance with CMS policies, procedures, and requirements set forth in the Business Partner System Security Manual found at www.cms.hhs.gov/informationsecurity. • Conflict of Interest Attestation. Each offeror shall supply a written attestation with its proposal submission that the signing official has no knowledge of any circumstances, arrangements, or facts, which can be construed as an organizational conflict of interest. The attestation shall be signed by the same company official signing the proposal. This attestation shall be a continuing annual requirement and will be re-newed and resubmitted annually upon the start of each new annual performance period. Please see contract clause for information on organizational conflict of interest. L.17 VOLUME II - BUSINESS PROPOSAL ORGANIZATION Volume II Business Proposal Cost Templates - (CD-ROM) The Offeror's business proposal narratives shall be organized as follows: TAB A Table of Contents TAB B Proposal Checklist TAB C Contract Representation and Certifications (Include Section K from RFP) Copy of Certificate of Current Cost /Price (from FAR) TAB D Indirect Cost Rate Agreement and Rate History (if available) TAB E Cost proposal Breakdown & Detail Sheets TAB F Other Narrative Information TAB F.1 Business Proposal (Price & Cost) Assumptions TABF.2 TAB F.3 Business/Corporate (Cost) Organization & Structure Identification, maturity and status of business systems. TAB F.4 Uncompensated Overtime policy/Definition of an FTE/Explain Company benefit package and policies. TAB G Subcontractors and proposed subcontracts identified as to type of agreement and explain why chosen TAB H Equipment and Property TAB I Service Contract Act, Union involvement, if any. TAB J Responsibility Determination L.18 GENERAL BUSINESS PROPOSAL INSTRUCTIONS The Offeror's business proposal must stipulate that it is predicated upon all the terms and conditions of this solicitation. In addition, it must contain a statement to the effect that it is firm for a period of at least 180 days from the date specified for receipt of offers by the Government. Proposal submission of other than cost or pricing data is required to be in the format prescribed in the business proposal spreadsheet templates - Attachments J.9. In addition, FAR 15.408, Table 15-2 provides instructions on preparing a proposal and the supporting documentation required. For assistance in proposal preparation, see publication DCAAP 7641.90 dated January 2004 entitled "Information for Contractors" published by the Defense Contract Audit Agency. The full text of this publication is available on the Internet at http://www.dcaa.mil. Business proposals will be submitted following the instructions included in Table 15-2 at FAR 15.408, the CLIN structure provided with the solicitation, and in accordance with the SOW. The business proposal is presumed to represent an Offeror's best effort to respond to the solicitation. Any inconsistency, whether real or apparent, between promised performance and price should be explained in the proposal. Any significant inconsistency, if not explained, raises a fundamental issue of the understanding of the nature and scope of the work required and of the Offeror's financial ability to perform the contract and may be grounds for rejection of the offer. The burden of proof for cost credibility is with the Offeror. Prospective Offerors, at a minimum, must submit a business proposal supported by information other than cost and pricing data (See FAR 15.4) adequate to establish the reasonableness and realism of the proposed business proposal. Facilities Capital Cost of Money: Pursuant to HHSAR 315.404-4, when facilities capital cost of money (cost of capital committed to facilities) is included as an item of cost, a reduction in the profit objective shall be made in an amount equal to the amount of facilities capital cost of money proposed/claimed. Indirect Cost Rates: In accordance with FAR 42.707, entitled "Cost Sharing Rates and Limitations on Indirect Cost Rates," CMS will establish indirect cost ceilings in the contract. The indirect cost ceilings will be established at 3% above the indirect rates negotiated prior to award. Reimbursement will be limited to the negotiated indirect cost ceilings established in the contract. The Government has no obligation to pay any additional amount to the contractor should the final indirect cost rates exceed the negotiated ceilings as stated in the contract. Additional detail: Tab D: Indirect Cost Rate Agreement and Rate History 1. The Offeror shall provide a rate history for direct and indirect rates for the last two fiscal years. If they are not available or do not exist, a statement to this effect shall be made. The Contractor shall also provide a copy of any forward pricing rate agreements and Government approved indirect cost rate agreements used in pricing herein. 2. If the Contractor has no prior history of government approved indirect cost rates, then support documentation consisting of; prior 2 years and a current year operating budget; and, a forecast covering the anticipated period of performance shall be submitted. The budget should also detail the indirect expenses and show the relationship of direct labor (or other indirect expenses allocation bases) to sales projections. (Source: DCAAP 7641.90) TAB E : Cost Proposal Breakdown & Detail Sheets The Offeror shall use the business proposal templates and instructions (Attachment J.9 ) for all business proposal spreadsheet submissions. The business proposal spreadsheet templates indicate the levels of proposed costs that are to be provided to the extent that an Offeror's accounting system is able to capture cost data for that particular section. The business proposal spreadsheets shall be submitted for each and every CLIN, including options. The business proposal spreadsheets shall also be provided on CD-ROM (six (6) copies). The CMS will evaluate the Offeror's proposed costs for all CLINS, for the entire contract period of performance, as a whole, to determine best value to the Government. The Offeror shall use the business proposal spreadsheets for all pricing and include the following: • Labor for Prime and Subcontractors: Offerors shall provide labor rates for all labor categories that are expected to be used in the performance of the WCRC contract. Such labor rates shall be projected for the base year and all option years. • Travel: All travel costs proposed shall be reimbursed on a cost reimbursement basis in accordance with the Federal Travel Regulation (FTR). Offerors are required to submit a breakdown of proposed travel expenses consisting of the following: "From" and "To" cities, number, types and purpose of trips, number of travelers, duration of trip for each destination, mileage, per diem, air fare, and miscellaneous expenses. • Other Direct Costs (ODCs): These include materials, equipment, etc. It is recommended that the Offeror consolidate ODCs into one line item. However, a separate schedule should be provided for detail on ODCs. The schedule shall provide a detailed itemization of each ODC. • Subcontracts: All proposed subcontractors shall submit complete business proposal spreadsheets in the same format as the Offeror's business proposal spreadsheets. Subcontractors may submit business proposal spreadsheets showing the breakdown of costs to CMS in a separately sealed package. • Indirect Rates: The Offeror shall provide the indirect rates as applicable along with the relative percentages on the business proposal spreadsheets. For Business Proposal pricing purposes, your organization should develop its proposed indirect rates for this proposal using a business base that includes current actual workload and the award of the WCRC contract. At this time, please provide the indirect rates only that will be applied during the time of request for Revised Final Proposal Revision. Provide a break-out of the business base included in the rates. • Fee: The Offeror shall provide each fee separately on the business proposal spreadsheets. • Summary Rollup of All Costs: In addition to the individual contract line item summaries the Offeror shall include a summary sheet inclusive of all costs. Tab F: Other Narrative Information CMS will use Tab F, Other Narrative Information, to support the review of the Offeror's business proposal. Tab F.1: Business Proposal Assumptions Offerors shall provide all proposal assumptions for both its Technical (Volume I) and Business (Volume II) proposals in detail that are used in preparing their business proposal spreadsheet submission. The Offeror shall clearly mark each assumption as applying to either the Technical and/or Business Proposal. Assumptions should include rationale for all business proposal elements. The business proposal narratives shall be used to support the business proposal spreadsheets (Volume II) and include, at a minimum, the following: Labor: • If the labor rates are escalated, the Offeror shall provide rationale for the proposed escalation rate. • The Offeror's productive labor hours for exempt and non-exempt employees. What is the definition of an FTE? Travel: • The Offeror shall provide the basis/reasoning for estimate and detailed rationale for all travel. ODCs: • The Offeror shall provide the basis of estimate and detailed rationale for each item of ODC. If purchased or leased equipment/facilities cost are included in ODCs, then the offeror should include copies of quote(s). Fee: • The Offeror shall provide the basis of estimate and detailed rationale for all proposed fee. The Offeror shall also disclose if any fees are added to the subcontractors. Offerors can refer to the HHSAR for explanation of fee weighted guidelines computation. TAB F.2 Business/Corporate (Cost) Organization & Structure Offerors shall submit an organization structure chart that depicts the relationships between the parent company and its subsidiaries (if applicable). This structure should also include Business Units, Divisions, etc. An organization chart of the business unit responsible for performance of the WCRC shall be provided with officers and titles identified. Another organization structure chart should be provided in subcontractor submissions (if applicable). Note: If there are corporate flowdowns included within the cost proposal, please discuss magnitude and basis for allocation. Tab F.3: Identification, Maturity, and Status of Business Systems Offerors shall have accounting and estimating systems that are in compliance with applicable Contract Cost Principles and Procedures of FAR Part 31, Contract Cost Principles and Procedures, as well as FAR. Being a Small Business Setaside, the offeror need not be compliant with, Cost Accounting Standards (CAS) in order to be considered for award of this Cost type contract. Offerors shall state if their practices used in estimating costs are consistent with their cost accounting practices used in accumulating, segregating and reporting costs. The Contractor shall state whether or not they have a Government approved accounting system as identified in Section K. The offeror shall provide identity of Government approver, date approved, and contact information. In the event that the offeror does not have a Government approved accounting system and/or has never had a Government cost reimbursement contract, award to the offeror can not be considered, at this time, as the prime. Tab F.4: Uncompensated Overtime Offerors are required to describe its policy on "uncompensated overtime" with the business proposal (FAR 52.237-10). 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." Tab G: Subcontractors and Subcontracts The Offeror's business proposal narrative submission shall include the following subcontract information to be evaluated: a. A copy of the subcontract agreement which includes, at a minimum: (1) The supplies or services to be subcontracted with identification of associated SOW tasks; (2) Identification of the type of subcontract to be used (e.g. Time and Material, Firm Fixed Price); (3) Proposed subcontract price; and, (4) Flow down of appropriate FAR and prime contract clause from prime contractor. (5) Duration, performance period for the subcontract b. Subcontractors' Certificate(s) of Current Cost or Pricing Data; as appropriate, c. Subcontract Negotiation Memorandum reflecting: (1) The rationale why particular subcontractor was selected; (2) The principal elements of the subcontract price negotiations/considerations; (3) The extent, if any, to which the Offeror relied on the subcontractor's cost or pricing data in determining the price objective and in negotiating the final price; (4) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decision used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. d. Extent to which adequate price competition was obtained, or justification for its absence. e. Statement as to whether the proposed subcontractor is on the List of Parties Excluded from Federal Procurement and Non-procurement Programs. f. Offerors-being small business primes- are not required to submit a small business subcontracting plan. g. Offerors are advised that in response to a Small Business Setaside solicitation- any proposal must show that that the Small Business Prime provide/perform at least 51% of the effort toward completion of the work. Any proposal not meeting this requirement will be determined as non-compliant to the solicitation and will not be evaluated or considered for award. Tab H: Equipment and Property a. Equipment to be purchased: If additional equipment must be acquired or leased, you must include in your business proposal the description and estimated cost of each item and whether you propose to furnish the item with your own funds. b. Government Property: (1) It is the Department of Health and Human Services' (HHS) policy that contractors provide all equipment and facilities necessary for performance of the contract; however, in some instances, an exception may be granted to furnish government owned property or to authorize a purchase with contract funds. (2) You must identify all government-owned property in your possession and all property acquired from federal funds, to which you have title, which is proposed to be used in the performance of this prospective contract. (3) The management and control of government property must be in accordance with FAR Part 45. (4) Offerors should see provided Government Property inventory, Attachment J.8. Tab I: Service Contract Act The work to be performed under this solicitation is subject to the Service Contract Act. Offerors should identify those proposed labor categories subject to the Service Contract Act of 1965, as Amended (FAR 22.10) and provide a crosswalk to the labor category in the applicable Wage Determination survey for their place of performance. Offerors may obtain Wage Determinations at www.servicecontract.fedworld.gov (click on "selecting SCA WDs" to obtain wage determination). Tab J: Responsibility Determination The Contracting Officer will make a responsibility determination in accordance with FAR Subpart 9.104-1. The Offeror shall demonstrate the degree to which it has met each area of responsibility. The Offeror shall submit sufficient, current and adequate documentation that demonstrates the Offeror has addressed each area of responsibility below. If no information is available, Offerors shall state non-applicable. CMS will evaluate and assess the documentation and other available information in making a responsibility determination. The responsibility determination is not point-scored; however, it will be used as a factor in making a recommendation for contract award. a. Offeror's Financial Capability: Your proposal must indicate whether you have the necessary financial capacity, working capital, and other resources to perform the contract without assistance from any outside source (If not, indicate the amount of financing required and the anticipated source). Working Capital: In reviewing the financial statement, CMS will apply standard tests to ensure that the company has adequate working capital to operate the contract(s). Standard Form 1407, which is often used for pre-award surveys, identifies these tests. For instance, the amount of cash and cash-equivalents will be compared to near-term liabilities. b. Capacity : Offerors shall describe how they are able to comply with the required or proposed performance schedule, taking into consideration all other existing and continuing commercial and governmental business. c. Internal Controls: CMS will review any and all available information relating to the Offeror's establishment and operational effectiveness of their internal control system designed to provide reasonable assurance financial, programmatic and compliance objectives. Examples of information as evidence of the design and effectiveness of an Offeror's internal control system includes previous Statement on Auditing Standards 70 review results, independent third party reviews of the system, corporate integrity programs, awards and citations, or other such information as offeror deems appropriate. L.19 CONFLICT OF INTERST AND COMPLIANCE PROGRAM ORGANIZATION Conflict of Interest In order to be eligible for award of the WCRC contract, the Government must ensure that an Offeror is free, to the greatest extent possible, of all conflicts of interest. The WCRC will be acting on behalf of the Government determining in-part, its financial responsibilities to third parties working within the Workers' Compensation Community. Therefore, the Offeror is required to submit the disclosure of information contained in contract section H.5 Conflict of Interest, in order to be considered for award, and Section K. Failure to submit the required information may deem an Offeror's proposal to be non-responsive to the solicitation. Examples of methods an Offeror may use to mitigate conflicts of interest, including those created as a result of the financial relationships of individuals within the organization are provided below. The examples are not intended to be an exhaustive list of all the possible methods to mitigate conflicts of interest, further the Contracting Officer is not obligated to approve a mitigation method that uses one or more of these examples. An Offeror's method of mitigating conflicts of interest will be evaluated on a case-by-case basis during the proposal evaluation process. Divestiture of, or reduction in the amount of, the financial relationship the organization has in another organization to a level acceptable to CMS and appropriate for the situation; If shared responsibilities create the conflict, a plan, included in the Conflicts of Interest Certificate and approved by CMS, to separate lines of business and management or critical staff from work on the WCRC contract; If the conflict exists because of the financial relationships of individuals within the organization, divestiture of the relationships by the individual involved; If the conflict exists because of an individual's indirect interest, divestiture of the interest to levels acceptable to CMS or removal of the individual from the work under the contract. Compliance Awareness In order to be eligible for award of a contract, the Offeror must have in place an Organizational Conflict of Interest compliance awareness that is acceptable to CMS. The awareness shall cover the WCRC SOW and shall consider the elements, personnel, processes and procedures the Offeror intends to utilize; to assure that the Offeror, including any business associates or subcontractors of the Offeror, are in compliance with all appropriate statutes, regulations and WCRC contractual requirements. If the Offeror has an "enterprise" compliance program already in place with a dedicated "corporate" compliance officer, then the Offeror shall demonstrate that a Medicare-specific compliance program supplement has been created, including required documentation and the appointment of a Medicare compliance official who is dedicated to the Medicare line(s) of business and who is a member of the senior management team and has day-to-day responsibility for the Medicare lines of business. Note: offerors need not create an enterprise compliance program if one is not in place. For the purpose of this solicitation, organizational awareness, education, initial and annual attestations, and mitigation (if necessary) are sufficient. For additional guidance, Offerors may reference the compliance guidance located at: http://www.cms.hhs.gov/MedicareContractingReform/Downloads/compliance.pdf Contractor Integrity/Misconduct CMS will review any and all available information relating to administrative misconduct. CMS will review any and all available information relating to integrity violations, and contractual or administrative misconduct. Offerors shall disclose any and all known False Claims Act, Civil Monetary Penalties, criminal investigations and/or indictments, qui tam lawsuits or other administrative misconduct of the Offeror and/or of any parent or affiliated company of the Offeror whose conduct may be attributed to the Offeror, within the past ten (10) years. Negative responses are required relative to this consideration. L.20 ORAL PRESENTATION INSTRUCTIONS The CMS will schedule oral presentations with those Offerors, who submit a proposal, which is determined to be responsive to the requirements of the solicitation. The oral presentation, alone, will be the basis for CMS determination of offeror technical qualifications. Offerors should not assume or expect CMS to dig/find pertinent information from the written proposal. Therefore, the oral presentation is critical to offeror success. Oral presentations will be scheduled in various different CMS buildings and rooms, as space and time permits. It is the intention of CMS to audio/video record the presentations and Q&A. Each Offeror will present its oral presentation to the same CMS audience consisting of the Technical Evaluation Panel (TEP) and responsible acquisition officials. The presentation should be with PowerPoint (or similar) slides for TEP review. Offerors must bring their own projector(s) and power cord(s). Offeror's should also bring at least 10 printed (hard copies) of their presentation overhead slides. The following oral presentation organization/instructions are provided as guidance to the Offerors. The Government reserves the right to revise or change any portion of the information prior to the oral presentations. Offerors can, but are not required to, organize their oral presentations and PowerPoint slides as follows: Introduction: The Offeror shall provide information about its organization, history, services, and capabilities. The Offeror shall also discuss its proposed organizational structure for managing the contract requirements. Finally, the Offeror shall introduce all speakers for the oral presentation. The Offeror shall have in attendance those individuals who will be key personnel. Offerors are requested not to have extra observers, Counsel, or company staff officials in attendance due to space limitations. Body: The Offeror shall describe its understanding of the WCRC SOW requirements and its approach to perform those requirements. At a minimum, the Offeror shall present its oral response to each area of CMS interest. The presentation should cover functional areas outlined in the WCRC SOW for this solicitation, and see Section M2 for areas (criteria) subject to technical evaluation. Conclusion: The Offeror shall summarize the main points of its presentation and state why the Government should select the Offeror for contract award. 1. Purpose The purpose of conducting oral presentations is to enable the Technical Evaluation Panel (TEP) to assess each Offeror's understanding of and approach to the SOW requirements. The TEP will concentrate on the oral presentation, Offerors are not to assume that the TEP will resource answers out of the written tech proposal submittal. The presentation should also emphasize unique, relevant capabilities that the Offeror brings to this project and any other advantages that the Offeror may provide. 2. Time Allowed for Presentation The Offeror shall be allotted two hours to complete the oral technical proposal presentation, which includes a thorough response to each area of interest to CMS. One 10 minute break will be scheduled to occur at the Offeror's discretion. Following presentation conclusion, there will be a 15 minute break, and then there will be one hour allowed for Q&A from the TEP. The Contracting Officer or Contract Specialist will tell the Offeror when to start its presentation, keep time, and stop the presentation at the end of two hours, whether or not the Offeror has finished. 3. Participation and Attendance Only members of the Offeror's or the subcontractor's in-house staff may participate in the oral presentation. Offeror (or subcontractor) senior or general managers/officials or other employees not proposed as key personnel on this contract, should not participate in the Offeror's presentation. The Government will not consider substitution of any key personnel or Offeror senior or general managers for presentation duties. The Government will not accept oral presentations made by non-project marketeers or consultants. 4. Schedule The Government reserves the right to reschedule any Offeror's presentation at the discretion of the Contracting Officer. The Offeror will be notified by electronic mail of the scheduled date, time, and location of its presentation. Oral presentations are not subject to the rules for the late submission of proposals in Federal Acquisition Regulation (FAR) 52.215-1. The Offeror's allotted two (2) hour time limit will begin running at the scheduled time. The Offeror is responsible for appearing on time. Any delay for which the Offeror is responsible will not be restored to the Offeror's available presentation time. Presentation Materials: The Offeror shall provide a copy of the presentation on one CD in PowerPoint 2003 or 2007 format. The Offeror shall provide all other equipment necessary for the presentation. The only written information that may be submitted during the oral presentation is copies of PowerPoint slides or other form of presentation handout. No additional submitted written information will be considered in scoring the oral presentation. There is no limitation on the number of slides that the Offeror may use. However, the production and use of an excessive number of slides may be detrimental to an Offeror's interest. When reviewing and evaluating the oral presentations, the Government will not review or evaluate any slide that was not projected and addressed during the oral presentation. 5. Question and Answer Session The purpose of the Q&A will be for the TEP to ask any clarification questions of the offeror. This Q&A will not be discussions, within the FAR meaning of the word, but will afford the offeror the courtesy of being fully understood in what they have said, by allowing the TEP to ask for repetition or clarification on stated points from the oral presentation (ONLY). L.21 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997) - ALT IV (OCT 1997) a. Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, Offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include- (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror's determination of the prices to be offered in the catalog or marketplace. -End of Section L- M.1 GENERAL PROCEDURES FOR AWARD OF CONTRACTS a. General: This procurement is for the award of a single Cost plus Fixed Fee (CPFF) contract. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. Award will be made to the Offeror(s) whose proposal contains the combination of criteria offering the best overall value to the Government. In making this determination, the Government will combine the Offeror's scores for the Oral Presentation, with consideration of the cost and pricing data. Cost and Pricing data are required for, and will be looked at, for the Transitions period, Base, and all four Option Periods of Performance. Cost and Price will be evaluated as a composite whole, over the entire life of the contract. Transitions/ramp-up will not be examined as part of steady-state operations cost. A trade-off technique will be used that allows the Government to consider award to other than the lowest priced/cost Offeror or other than the highest technically rated Offeror. It permits tradeoffs among cost/price and non-cost/price evaluation factors. In making this comparison, the Government is more concerned with obtaining superior technical/management features and achieving successful production of WCMSA's than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve slightly superior technical or management features. b.Technical Evaluation: The Technical Evaluation Panel (TEP) will evaluate and score each oral presentation, by applying the weighted technical criteria and sub-criteria set forth in Section M.1 below. The evaluation will produce numerical scores (points) for each Offeror based upon the information contained in the Oral Presentation alone. Therefore, the Oral Presentation shall provide all information necessary to properly evaluate the proposals in accordance with the evaluation criteria. In addition to determining a numerical score (points) for each Offeror, the TEP will 1) recommend whether or not a proposal is technically acceptable or technically unacceptable; and 2) identify its strengths, weaknesses and deficiencies. c. Business Evaluation: The business proposal will be analyzed and evaluated by the Government to determine the reasonableness and the realism of the proposed cost/price. The purpose of this cost realism analysis will be to determine if the Offeror's proposed costs reflect the Offeror's understanding of the Government's requirements and if the proposed costs are consistent with the various elements of the Offeror's technical proposal. In addition all other areas of the Business Proposal will be evaluated for their value and contribution to success, and whether they either contribute to, or mitigate risk to, the Government d. Past Performance: The Offeror will be evaluated on the performance of work on contracts completed or currently in progress, within the last 5 years for both award of the IDIQ contract and the task orders. In accordance with FAR 9.104-1, General standards, the Offeror must have a satisfactory performance record in order to be considered for award. See also FAR 9.104-3(b), Satisfactory Performance Record, and FAR 42.15, Contractor Performance Information. e. Clarification/Communications with Offerors Before Establishment of the Competitive Range: In accordance with FAR 15.306, Exchanges with Offerors After Receipt of Proposals, the Government may be required to conduct clarifications and/or communications with the Offeror prior to the establishment of the Competitive Range. These clarifications/communications are in addition to the Oral Presentation question and answer session identified above. Discussions, as defined in FAR 15.306(d) may be conducted after establishment of the Competitive Range. An Offeror should not assume that the Contracting Officer will independently obtain information necessary to evaluate its proposal and should therefore supply all information required to evaluate its proposal. Failure to provide the information required in order to evaluate a proposal could result in a less satisfactory TEP evaluation or rejection of the proposal as being technically unacceptable. f. Competitive Range: Based on the evaluations of each Offeror against all evaluation criteria and other requirements of the solicitation, the Contracting Officer shall establish a Competitive Range for the contract comprised of all of the most highly evaluated proposals, unless the range is reduced for purposes of efficiency or unless award is made without discussions. Further, if the Contracting Officer determines that the number of proposals that would otherwise be in the Competitive Range exceeds the number at which an efficient competition can be conducted, the Contracting Officer 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. Offerors will be notified by email/letter whether or not it has been included in the Competitive Range. Offerors not in the Competitive Range will be eliminated from further consideration for award. Offerors excluded or otherwise eliminated from the Competitive Range may request a debriefing in accordance with FAR 15.505, Pre-award Debriefing of Offerors. h. Discussions: After announcement of the Competitive Range and upon completion of discussions (if required) in accordance with FAR 15.3, a request for final revised proposals may be issued to all Offerors still within the Competitive Range. If, after discussions have begun, an Offeror originally in the Competitive Range is no longer considered to be among the most highly rated Offerors being considered for award, that Offeror may be eliminated from the Competitive Range whether or not all material aspects of the proposal have been discussed, or whether or not the Offeror has been afforded an opportunity to submit a proposal revision. After receipt and evaluation of a final revised proposal, if requested, an Offeror may be selected for award and may be involved in final negotiations. The content of such negotiations would not have any bearing on the selection process and would be in accordance with HHSAR 315-370, "Finalization of details with the selected source." However, the Contracting Officer reserves the right to make award of a contract(s) without regard to "discussions." If the Government awards without discussions, a competitive range will not be established. Therefore, it is in the best interest of the Offeror to submit the most advantageous proposal to the Government with the initial submission. You are reminded that inclusion in the Competitive Range is not a guarantee for award of a contract. Offeror's eliminated from the Competitive Range will be notified in accordance with FAR 15.503, Notice to Unsuccessful Offerors. i. Source Selection: Source selection will be made in accordance with the guidelines of the Federal Acquisition Regulation (FAR) and The Department of Health and Human Services Acquisition Regulations (HHSAR) and this solicitation. Award of the single contract under this solicitation shall be made to the offeror whose proposal is determined to provide the best value to the Government. j. Amendment or Cancellation of Solicitation: CMS reserves the right to amend or cancel this solicitation as necessary to meet CMS requirements. M.2 TECHNICAL EVALUATION CRITERIA The following evaluation criteria, with the relative weights assigned to each criterion as indicated, will be applied to the technical evaluation of each oral presentation only. Supplemental materials included as part of the written proposal (resumes, examples of work breakdown structure (WBS)/ business project plan, and organizational charts for prime and subcontractors) will be reviewed but not scored. Please note that "Subcontracting Approach" is a "Pass/Fail" rating. If you are utilizing subcontractors for this effort, you must receive a "Pass" in the subcontractor evaluation to be considered for contract award. Workers' Compensation Review Contract The maximum number of points that may be earned for the Offeror's technical proposal is 1200 points. CRITERIA POINTS TECHNICAL PROPOSAL EVALUATION A) Technical/Management Approach 700 1. Evaluation/Review and Processing of WCMSA Proposals 150 2. Personnel/Staffing 150 3. Customer Service 100 4. Internal Controls 100 5. HIPAA Systems Security and Privacy Rule Provision Requirements 100 6. Administrative Printing/Mailing/Report Creation Requirements 50 7. Outreach and Education Activities 50 B) Corporate Experience 300 C) Transition Planning 100 D) Past Performance -- Non-Oral Evaluation 100 E) Subcontracting/Teaming (Pass/Fail) P/F F) Business Proposal (not scored) 0 Total Overall Points 1200 A. TECHNICAL/MANAGEMENT APPROACH (700 Available Points)- In general, the Offeror shall demonstrate its understanding of the WCMSA review and recom- mendation process through an explanation of its technical/management approach to accomplishing all SOW requirements. Though not all inclusive, the Offeror shall specifically address its technical/management approach for meeting SOW requirements in the following specific areas: 1) Evaluation/Review and Processing of WCMSA Proposals (150 Total Points)- The Offeror shall, at a minimum, discuss its technical/management approach for: • Applying policies, procedures, and guidelines relating to Medicare Parts A, B, C, D claims and payment systems, as well as various codes, including ICD-9, HCPCS, CPT-4, to the WCMSA evaluation/review process. • Applying existing knowledge of state workers' compensation statues, regulations, policies, guidelines, procedures, as well as fee pricing schedules to its review of individual WCMSA submissions to ensure adequacy for protecting Medicare's interests. • Forecasting of future ongoing medical and pharmaceutical expenses (i.e., making a determination and recommendation as to a WCMSA amount that is adequate to protect Medicare's interests) for casually-related beneficiary or claimant work-acquired illnesses, injuries, and diseases documented in incoming WCMSA proposals. • Using a case management system to assign work tasks at various stages within the WCMSA review and recommendation process; and using a case management system to simultaneously track, recall, and manage a variety of independent WCMSA cases in various stages of development and review. • Using an internal case or document management system/product to identify, sort, and discriminate among individual cases based upon external characteristics that warrant first-degree prioritization (e.g., natural disaster, congressional inquiry), and to track case processing through to completion. • Communicating with external submitters within clearly defined timeframes to indicate that their WCMSA proposals contain missing or inappropriate required information that it needs to determine adequacy for protecting Medicare's interests. Control and track correspondence, and requests/receipts of information. • Addressing and accomplishing re-evaluation requests as they arise, including interaction with CMS as necessary. 2) Personnel/Staffing (150 Total Points)- The Offeror shall, at a minimum, demonstrate its ability to assemble a highly qualified staff, of sufficient size, and experience to begin work immediately upon contract award. In this regard, the Offeror shall demonstrate that: • Through its proposed labor mix, it is able to manage all aspects of the SOW requirements, including technical performance, and to accomplish tasks effectively and on time. • Its proposed labor mix, including key as well as non-key staff, is appropriately qualified (including maintenance of needed licensure and certification) to meet all the requirements of the SOW (NOTE: The Offeror shall include resumes for its proposed key staff personnel). • It has a staffing plan/strategy that can quickly accomplish hiring and needed training of new staff with the least amount of disruption to contracted work activities as possible. • It has, or can acquire, the personnel needed to independently price and fully evaluate and/or re-evaluate WCMSAs, per the requirements of the SOW. • Its staffing model promotes flexibility in handling shifting workload quantities, contingencies, and requirements. • Its staff will have access to continuing educational opportunities specific to changes and developments in the workers' compensation industry. • As required by the SOW, and contract, it conducts background investigations and obtains needed security clearances as part of its processes for hiring key and non-key staff to work under this contract. 3) Customer Service (100 Total Points)- The Offeror shall, at a minimum, demonstrate its understanding of the SOW requirements and provide its technical/management approach for: • Meeting or exceeding the internal control requirements for customer service functions, as documented in the SOW, in the area of call management operations and in the processing and handling of written inquiries. • Developing continuous training on workers' compensation or related subject materials for customer service staff as well as for newly hired employees. 4) Internal Controls (100 Total Points)- The Offeror shall maintain effective internal controls for continuity of business operations as well as assurance of quality work processes and products. At a minimum, the Offeror shall demonstrate that it has or is able to acquire: • Applied experience in developing, documenting, implementing, and training staff on standard operating procedures. • Applied skill and experience in developing, instituting, and monitoring compliance with respect to quality assurance and quality improvement programs and procedures. • The ability to maintain and, if necessary, activate a business continuity plan. • Knowledge of and adherence to 508 compliance requirements. • The ability to develop and implement corrective action plans as needed. 5) HIPAA Systems Security and Privacy Provision Requirements (100 Total Points)- The Government shall evaluate the Offeror's technical understanding in this area by assessing whether the Offeror effectively demonstrates, at a minimum, through its technical/management management approach that it has: • A proficient technical understanding of, and adherence to, Federal systems and industry security requirements, (NIST), as well as the requirements of HIPAA privacy regulations. 6) Administrative Printing/Mailing/Report Creation Requirements ( 50 Total Points) - At a minimum, the Offeror shall demonstrate its: • Ability to create and submit detailed contractor reports that are in compliance with 508 requirements within the timelines stated in the SOW. • Awareness of the requirements of the US Postal Service and other national mail carrier systems as well as cost saving methods. • Ability to perform scanning of case information, printing, and mail handling operations as indicated in the SOW. 7) Outreach and Educational Activities (50 Total Points)- The Offeror shall, at a minimum, demonstrate its understanding of the SOW requirements and provide its technical/management approach for: • Developing various multi-media-based training materials and seminars for internal as well as external stakeholders, while adhering to all 508 compliance requirements. • Providing workers' compensation subject-specific outreach to CMS Regional Office personnel and to external stakeholders within the workers' compensation industry, most notably attorneys and insurance companies/third party organizations. B. CORPORATE CHARACTERISTICS & EXPERIENCE (Total 300 Points) - The Offeror shall, at a minimum, demonstrate that its corporate characteristics, management capability, and experience, enable it to successfully fulfill the requirements of this SOW through a discussion of the following: • Availability of corporate facilities, including sufficient space for staff and operations, and the infrastructure necessary to perform all contract requirements. • Application of various policies, procedures, and guidelines in association with Medicare Parts A, B, C, D claims and payment systems, as well as applied use of ICD-9, HCPCS, and CPT-4 codes in the context of its assessment of workers' compensation cases. • Application of workers' compensation rules, policies, guidelines, procedures, and fee schedules within the context of current projects. • Application of independent medical review guidelines to the medical and pharmaceutical components of workers' compensation claims or cases. • Use, ongoing maintenance, and upgrading of an internal case management system (or document or content management system). • Applied experience participating with other internal testers in the testing of systems release changes and offers evidence of its understanding of the testing relationships arising from any changes. • Continuous application and performance of record retention requirements in association with contract or project business and technical processes. C. TRANSITION PLANNING (Total 100 Points) The Offeror shall include with its technical proposal response, a written transition plan that may be actualized. At a minimum, the Offeror's transition plan shall address how it will: • Work with CMS in effecting change from incumbent and establishing new operations as applicable. • Partner with CMS in effecting transfer of equipment, systems interfaces (as applicable), and in-process and non-worked WCMSA proposals as applicable. D. PAST PERFORMANCE (Total 100 Points) In general, the Offeror shall discuss its past performance on contracts or projects in which it performed work of a similar nature as outlined within the SOW. The Government will evaluate the Offeror's past performance based on the following: • Quality: The Offeror demonstrates that its quality assurance program has resulted in effective performance outcomes for work activities and processes that are similar to those discussed within this SOW. • Timeliness of Performance: The Offeror demonstrates its ability to consistently meet project milestones and deliverables on time in response to technical direction received from its associated contractors. • Business Relationships: The Offeror effectively demonstrates its past track record of notifying its contractors of problems, remaining flexible and reliable, and being responsive to contract requirements and recommended solutions. E. SUBCONTRACTING/TEAMING (Pass or Fail)- If the Offeror will use subcontractors or a teaming arrangement to meet the requirements of the SOW, the Offeror shall, at a minimum, identify and/or demonstrate the following for each subcontractor chosen: • Discuss rationale for selecting the particular subcontractor. • Present a plan for subcontracting/teaming. • Demonstrate that the subcontractor's past performance, in meeting the SOW requirements, is acceptable and will ensure that quality products are delivered. • Detail the subcontractor's technical and management approach to accomplishing the SOW requirements. • Prime Contractor oversight/control of subcontractor performance and quality. • Discuss the types of personnel being utilized for the SOW requirements. • Communicate the subcontractor's availability should a task order/requirement not be issued for some time for its area of expertise. • Address the subcontractor's commitment to continue work with the Prime Contractor. • Demonstrate the initiatives taken to identify any adverse integrity issues with the subcontractor. • Address the subcontractor's listing in the Central Contract Registration. F. BUSINESS PROPOSAL (Not scored)- In general, the Offeror shall not present its business proposal during the oral presentation. However, the Offeror may address/hi-light and present the adequacy, capabilities, and competency of its business systems and management practices. The Offeror's business proposal will be reviewed and addressed by CMS at the desk for cost/price reasonableness. -End of Text-
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Place of Performance: Address: Contractor Owned/Controlled Facility, United States
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