<PAGE>
EXHIBIT 10.8
CONFIDENTIAL TREATMENT REQUESTED
CONFIDENTIAL PORTIONS OF
THIS AGREEMENT WHICH HAVE BEEN REDACTED ARE MARKED
WITH BRACKETS ("[***]"). THE OMITTED
MATERIAL HAS BEEN FILED SEPARATELY WITH THE
UNITED STATES SECURITIES AND EXCHANGE COMMISSION.
[CMS LOGO]
DEPARTMENT OF HEALTH & HUMAN
SERVICES
Centers for Medicare & Medicaid
Services
7500 Security Boulevard, Mail Stop
C2-21-15
Baltimore, Maryland 21244-1850
OFFICE OF ACQUISITION AND GRANTS
MANAGEMENT
March 7, 2005
Mr. Paul Dinkins, Exec. VP
PRG-Schultz International, Inc.
600 Galleria Parkway,
Suite 100 Atlanta, GA 30339
SUBJECT: Notice of Award, Contract for
Non-MSP Recovery Audit Work in the State
of California
Dear Mr. Dinkins:
Congratulations, CMS has accepted PRG's
final revised proposal for the subject
contract requirement. Attached is a copy of
the subject contract.
The contract was developed from the Request
for Proposal and now incorporates
your contractor-specific information and
the state-specific information in
Sections B, C and G.
Please acknowledge acceptance of this award
by providing two (2) original signed
SF 26 forms. The signature shall be by an
authorized official of your
organization. Both originals shall be
returned to CMS no later than March 10,
2005, 10:00 am local Baltimore time so that
the Contracting Officer may
effectuate the award by COB on the 10th as
well. Please return to the following
address:
Centers for Medicare & Medicaid Services
OAGM, Attn: Barbara J. Erbe
7500 Security Boulevard, MS C2-21-15
Baltimore, MD 21244-1850
RAC CONTRACT
You do not need to return the contractual
document, just the signed forms. Upon
execution by the Contracting Officer, one
original SF 26 will be returned to you
for your files. If you have any questions,
please contact Barbara Erbe at (410)
786-5142.
Please understand you are not to have any
press releases concerning this award
until the Secretary has officially
announced the award to the public. We will
notify you at that time.
Sincerely,
/s/ Carol G. Sevel
Contracting Officer
Enclosure
<PAGE>
Contract No. HHSM-500-2005-000041
Page 3 of 40
TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND
PRICES/COSTS
B.1 DESCRIPTION OF SERVICES
B.2
TYPE OF
CONTRACT
B.3
PRICE
SUMMARY
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK
STATEMENT
C.1
STATEMENT OF
WORK
C.2
INCORPORATION OF
REPRESENTATIONS AND CERTIFICATIONS
SECTION D - PACKAGING AND MARKING
D.1
PACKAGING AND
MARKING
SECTION E - INSPECTION AND ACCEPTANCE
E.1
FEDERAL
ACQUISITION REGULATION (FAR) CLAUSES
E.2
INSPECTION AND
ACCEPTANCE
E.3
ACCEPTANCE BY
THE PROJECT OFFICER/GOVERNMENT TASK LEADER
SECTION F - DELIVERIES OR PERFORMANCE
F.1
FEDERAL
ACQUISITION REGULATION (FAR) CLAUSES
F.2
PERIOD OF
PERFORMANCE
F.3
ITEMS TO BE
FURNISHED AND DELIVERY SCHEDULE
F.4
TIME AND PLACE
OF DELIVERIES
<PAGE>
Contract No. HHSM-500-2005-000041
Page 4 of 40
SECTION G - CONTRACT ADMINISTRATION
DATA
G.1
DATA TO BE
DELIVERED
G.2
USE OF
GOVERNMENT DATA (REPORTS/FILES/COMPTER TAPES OR DISCS)
G.3
OMB A-130
INFORMATION RESOURCE POLICY
G.4
KEY
PERSONNEL
G.5
GOVERNMENT
PROJECT OFFICER (PO)/CONTRACT SPECIALIST
G.6
CONTRACTING
OFFICER'S RESPONSIBILITY
G.7
DESIGNATION OF
PROPERTY ADMINISTRATOR AND PROPERTY ADMINISTRATION
G.8
INVOICING AND
PAYMENT
G.9
PAYMENT BY
ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION
G.10
CONSENT TO
SUBCONTRACT
G.11
PAST PERFORMANCE
REGISTRATION
G.12
ACCOUNTING AND
APPROPRIATION DATA
SECTION H - SPECIAL CONTRACT
REQUIREMENTS
H.1
DELIVERABLES/INTERNET - INTRANET APPLICATIONS
H.2
HHSAR 352.224-70
CONFIDENTIALITY OF INFORMATION
H.3
CONTRACTING
PROHIBITIONS/ORGANIZATIONAL CONFLICT OF INTEREST
H.4
CONDITIONS FOR
PERFORMANCE
H.5
HHSAR 352.270-7
PAPERWORK REDUCTION ACT
H.6
DISPOSAL OF
IMAGED MEDICAL RECORDS
H.7
HIPAA BUSINESS
ASSOCIATE PROVISION
H.8
COPYRIGHTS
H.9
DISSEMINATION,
PUBLICATION AND DISTRIBUTION OF INFORMATION
H.10
FAR 52.204-7 CENTRAL
CONTRACTOR REGISTRATION (CCR)
<PAGE>
Contract No. HHSM-500-2005-000041
Page 5 of 40
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1
FEDERAL
ACQUISITION REGULATION (FAR) CLAUSES
I.2
DEPARTMENT OF
HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS
(HHSAR)
I.3
FAR 52.215-19
NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
I.4
FAR 52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2004)
PART III - LIST OF DOCUMENTS, EXHIBITS AND
OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
J.1
STATEMENT OF
WORK - NO. 40700NMSPB
J.2
GLOSSARY
<PAGE>
Contract No. HHSM-500-2005-000041
Page 6 of 40
SECTION B - SUPPLIES OR SERVICES AND
PRICES/COSTS
B.1 DESCRIPTION OF SERVICES
The purpose of this contract will be to
support the Centers for Medicare &
Medicaid Services (CMS) in conducting a
demonstration project in the state of
California using recovery audit contractors
(RACs) to provide recovery audit
services to identify underpayments and
overpayments and/or recoup overpayments
under the Medicare program for services for
which payment is made under part A
or B of title XVIII of the Social Security
Act.
B.2 TYPE OF CONTRACT
This is an Indefinite Delivery (ID)
Requirements contract.
B.3 PRICE SUMMARY
a. All payments shall be
paid only on a contingency basis. The contingency
fees shall
be paid once the recovery audit contractor collects the
Medicare
overpayments. The recovery audit contractor shall not receive
any
payments
for the identification of the underpayments or overpayments.
b. For the identification
of non-MSP overpayment and underpayments and the
recovery
of non-MSP overpayments under SOW 40700NMSPB the RAC will
receive
[***]% of
the amount that is collected.
A reduced
contingency percentage shall apply to a recoupment by offset.
(See
below.)
The RAC
shall receive [***]% of the agreed upon contingency fee
percentage
for any of
the following recovery efforts:
(a) Recovery
efforts accomplished through the offset process of a
fiscal intermediary or carrier.
(b) Recovery
efforts accomplished through Treasury offset or
another collection vehicle after the debt is referred to the
Department of
Treasury.
(c) Recoveries
made through a self-disclosure made by a provider
as a result of a prior RAC identified request for medical
records or demand letter. Self- disclosed service and time
period must be included in the RAC's project plan.
[***] - CONFIDENTIAL PORTIONS OF THIS
AGREEMENT WHICH HAVE BEEN REDACTED ARE
MARKED WITH BRACKETS ("[***]"). THE OMITTED
MATERIAL HAS BEEN FILED SEPARATELY
WITH THE UNITED STATES SECURITIES AND
EXCHANGE COMMISSION.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 7 of 40
d. If the
provider files an appeal disputing the overpayment
determination and the appeal is adjudicated in the provider's
favor at the first level, the recovery audit contractor shall
repay Medicare the contingency payment for that recovery. If
the appeal is adjudicated in the agency's favor at the first
level, the recovery audit contractor shall retain the
contingency payment for that recovery. Subsequent appeals,
after the first level of appeal, will not affect the recovery
audit contractor's ability to retain the contingency payment.
See Payment Methodology Chart in Attachment J-1.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 8 of 40
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 (SOW), SECTION J.
ATTACHMENT J.1, SOW 40700NMSPB, attached
hereto and made a part of this
solicitation.
C.2 INCORPORATION OF REPRESENTATIONS AND
CERTIFICATIONS
The Contractor's Representations and
Certification's, submitted in response to
the solicitation's Section K, dated
December 14, 2004, are hereby incorporated
by reference and made a part hereof of this
contract.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 9 of 40
SECTION D - PACKAGING AND MARKING
All deliverables required under this
contract shall be shipped and marked in
accordance with Section C.1 Statement of
Work and Section F.3 Items to be
Furnished and Delivery Schedule
<PAGE>
Contract No. HHSM-500-2005-000041
Page 10 of 40
SECTION E - INSPECTION AND ACCEPTANCE
E.1 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 or the duly authorized representative of
the
Government.
b. The Government's
Project Officer or Government Task Leader are duty
authorized
representatives of the Government and are 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/GOVERNMENT TASK LEADER
All items to be delivered to the Project
Officer will be deemed to have been
approved 60 calendar days after date of
delivery, except as otherwise specified
in this contract, if written approval or
disapproval has not been given within
such period.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 11 of 40
SECTION F - DELIVERIES OR PERFORMANCE
F.1 FEDERAL ACQUISITION REGULATION (FAR)
CLAUSES
52.242-15 STOP-WORK ORDER. (AUG 1989) -
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE
This is a three (3) year contract. The
period of performance is 3 years from the
time of award: March 10, 2005 through March
9, 2008. No contingency fees shall
be paid after the end of the period of
performance.
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
Attachment J.1.
F.4 TIME AND PLACE OF DELIVERIES
The supplies/services to be furnished shall
be delivered in accordance with the
delivery schedule as specified in the
statement of work.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 12 of 40
SECTION G - CONTRACT ADMINISTRATION
DATA
G.1 DATA TO BE DELIVERED
a. Any working papers,
interim reports, data given by the Government to the
Contractor
or first produced by the Contractor under the contract, data
collected
or otherwise obtained by Contractor under the contract (subject
to any
specific restrictions that may pertain to this data), or
results
obtained
or developed by the Contractor (subcontractor or consultants)
pursuant
to the fulfillment of this contract are to be delivered,
documented, and formatted as directed by the Contracting
Officer.
b. In addition,
information and/or data, which are held by the Contractor
related to
the operation of their business and/or institution and which
are
obtained without the use of Federal funds, shall be considered
"PROPRIETARY DATA" and are not "subject data" to be delivered under
this
contract.
G.2 USE OF GOVERNMENT DATA
(REPORTS/FILES/COMPUTER TAPES OR DISCS)
Any data given to the Contractor by the
Government shall be used only for the
performance of the contract unless the
Contracting Officer specifically permits
another use, in writing. Should the
Contracting Officer permit the Contractor
the use of Government-supplied data for a
purpose other than solely for
performance of this contract and, if such
use could result in a commercially
viable product, the Contracting Officer and
the Contractor must negotiate a
financial benefit to the Government. This
benefit should most often be in the
form of a reduction in the price of the
contract; however, the Contracting
Officer may negotiate any other benefits
he/she determines is adequate
compensation for the use of these data.
Upon the request of the Contracting
Officer, or the expiration date of this
contract, whichever shall come first, the
Contractor shall return all data given
to the Contractor by the Government
(including any images of medical records).
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
the decision of the Contracting Officer
with the exception that the Contractor
may refuse to retain the data. The
Contractor shall retain no data, copies of
data, or parts thereof, in any form, when
the Contracting Officer directs that
the data be returned or destroyed. If the
data are to be destroyed, the
contractor shall directly furnish evidence
of such destruction in a form the
Contracting Officer shall determine is
adequate.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 13 of 40
G.3 OMB A-130 INFORMATION RESOURCE
POLICY
Each RAC is required to follow the
established comprehensive approach to improve
the acquisition and management of their
information resources in accordance with
this OMB Circular. This circular is issued
pursuant to the Paperwork Reduction
Act (PRA) of 1980, as amended by the PRA of
1995, the Clinger-Cohen Act of 1996,
et al. The PRA establishes a broad mandate
to perform information resources
management activities in an efficient,
effective, and economical manner.
G.4 KEY PERSONNEL
a. For the purposes of
this contract, the key person shall be the Project
Director/Project Manager, Rob Paulsson. It will be his
responsibility to
obtain the
staff necessary and to direct the work for the conduct of this
project.
The key person under this contract shall be in accordance with
the HHSAR
clause provided below.
b. HHSAR 352-270-5 KEY
PERSONNEL (APR 1984)
The
personnel specified in this contract are considered to be essential
to
the work
being performed hereunder. Prior to diverting any of the
specified
individuals to other programs, the Contract shall notify the
Contracting Officer reasonably in advance and shall submit
justifications*
(including
proposed substitutions) in sufficient detail to permit
evaluation
of the impact on the programs. No diversion shall be made by
the
Contractor without the written consent of the Contracting
Officer;
provided,
that the Contracting Officer may ratify in writing such
diversions
and such ratification shall constitute the consent of the
Contracting Officer required by the clause. The contract may be
amended
from time
to time during the course of the contract by either add or
delete
personnel, as appropriate. (End of Clause)
*All
proposed substitutions shall be submitted, in writing, to the
Contracting Officer at least 30 days prior to the proposed
substitution.
Each
request shall provide a detailed explanation of the
circumstances
necessitating the proposed substitution, a complete resume and any
other
information required by CMS. All proposed substitutions shall
have
qualifications equal, to or greater than the person being
replaced.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 14 of 40
G.5 GOVERNMENT PROJECT OFFICER
(PO)/CONTRACT SPECIALIST
a. The Project Officer
(PO) for this task order is Ms. Connie Leonard. Her
address
is:
Centers for Medicare and Medicaid Services
7500 Security Blvd.
ATTN: Ms. Connie Leonard
Mailstop: C3-14-20
Baltimore, MD 21244-1850
(410) 786-0627
b. The Project Officer is
responsible for: (1) monitoring the Contractor's
technical
progress, including the surveillance and assessment of
performance and compliance with all substantive project objectives;
(2)
interpreting the statement of work and any other technical
performance
requirements; (3) performing technical evaluation as required;
(4)
performing
technical inspections and acceptances required by this
contract;
(5) assisting in the resolution of technical problems
encountered during performance; and (6) providing technical
direction in
accordance
with Section G.6.; and, (7) reviewing of invoices/vouchers.
c. The Project Officer
does not have the authority to act as agent of the
Government
under this contract beyond the roles defined in G.5.b. above.
Only the
Contracting Officer has authority to: (1) direct or negotiate
any
changes in
the statement of work; (2) modify or extend the period of
performance; (3) change the delivery schedule; (4) authorize
reimbursement
to the
Contractor any costs incurred during the performance of this
contract;
or (5) otherwise change any terms and conditions of this
contract.
d. The Contract
Specialist for this task order is Ms. Barbara Erbe. Her
address
is:
Centers for Medicare and Medicaid Services
7500 Security Blvd.
ATTN: Ms. Barbara
Erbe
Mailstop: C2-21-15
Baltimore, MD 21244-1850
(410) 786-5142
<PAGE>
Contract No. HHSM-500-2005-000041
Page 15 of 40
G.6 CONTRACTING OFFICER'S
RESPONSIBILITY
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:
enter into
and commit/bind the Government by contract for supplies or
services;
accept
nonconforming work or waive any requirement of this Contract;
authorize
reimbursement to the Contractor for any costs incurred during
the
performance of the Contract, and
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.7 DESIGNATION OF PROPERTY ADMINISTRATOR
AND PROPERTY ADMINISTRATION
a. The CMS Property
Administrator, Administrative Services Group, Office of
Property
and Space Management at (410) 786-3346, is hereby designated
the
property
administration function for this contract. The Contractor
agrees
to furnish
information regarding Government Property to the Property
Administrator in the manner and to the extent required by the
Property
Administrator, his duly designated successors, and in accordance
with FAR
Part 45
and DHHS Manual entitled, Contractor's Guide for Control of
Government
Property (1990).
b. 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 (J-15) submitted by October 31st of each year.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 16 of 40
c. The inventory report
shall include all items acquired, furnished, rented
or leased
under the contract. Employees who conduct the inventories
should
not be the
same individuals who maintain the property records. Following
the
physical inventory, the contractor shall prepare an inventory
report
and submit
the report to the CMS Property Administrator at the following
address:
Centers for Medicare & Medicaid Services
OICS, Administrative Services Group
Division of Property and Space Management
7500 Security Blvd., Mailstop: SLL-14-06
Baltimore, MD 21244-1850
d. Commercially leased
software is subject to these reporting requirements.
e. The RAC shall submit a
consolidated report of all accountable Government
property
under this contract, including subcontractor inventory
information.
f. The final inventory
report shall indicate that all items required for
continued contract
performance are acceptable and free from contamination.
Property
that is no longer usable or required shall be reported and
disposition requested.
G.8 INVOICING AND PAYMENT
Invoicing and Payment
a. Submission of Invoices
and Place of Payment
(i)
No more than
once each month following the effective date of this
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." Invoices shall be prepared in
accordance
with this contract. All invoices shall be reconciled against the
RAC
Database (40700NMSPB) or other documentation as appropriate to
ensure
collection has been made and funds recouped deposited prior
to any invoice being paid.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 17 of 40
(ii)
To expedite payment,
invoices shall be sent, as follows:
Monthly invoices (original and four copies) shall be sent
directly
to the address below (where applicable, the Contractor shall
submit
the invoice to said office via the cognizant government
auditor):
Department of Health and Human Services
Centers for Medicare & Medicaid Services
P.O. BOX 7520
7500 Security Boulevard
Baltimore, Maryland 21207-0520
(iii)
Content of Invoice (if Applicable):
Contractor's name and invoice date;
Contract number of other authorization for delivery of property
and/or services;
Description, cost or price, and quantity of property and/or
services actually delivered or rendered;
Shipping and payment terms;
Othersubstantiating documentation or information as required by
the contract; and
Name (where practicable), title, phone number, and complete
mailing address of responsible official to whom payment is
to be sent.
b. Invoice Payment
(i)
In accordance
with FAR 52.232-33, the Centers for Medicare and
Medicaid Services (CMS) shall only make an electronic
reimbursement/payment.
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.
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
(ii)
The target date for
payment pursuant to the provision of FAR Clause,
52.216-7 "Allowable Cost and Payment" of this contract shall be
30
calendar days after an invoice containing the information set
forth
in Paragraph "a" of this article is received in the 7 payment
office
designated herein.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 18 of 40
(iii) Upon
receipt of the Contractor's "completion invoice" in the payment
office designated in Paragraph "a" of this article, payment of
any
remaining cost and fee determined to be allowable pursuant to
the
provisions of FAR Clause, 52.216-7 "Allowable Cost and Payment"
of
this contract shall be due 30 calendar days after the
Contracting
Officer approves the "completion invoice" for payment.
(iv)
Payment shall be
authorized after the Division of Accounting has
audited the invoice in accordance with Federal Regulations.
This
audit includes verification that the invoice contains the
rates/unit
prices, those indicated in the contract or purchase order. 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 vendor for correction. Inquiries relating to
payments should be directed to Jean Katzen on (410) 786-5423 or
Suzanne Turgeon on (410) 786-1924.
G.9 PAYMENT BY ELECTRONIC FUNDS TRANSFER -
CENTRAL CONTRACTOR REGISTRATION
a. Method of payment. (1) All payments by
the Government under this contract
shall be made by electronic funds transfer
(EFT), except as provided in
paragraph (a)(2) of this clause. As used in
this clause, the term "EFT" refers
to the funds transfer and may also include
the payment information transfer. (2)
In the event the Government is unable to
release one or more payments by EFT,
the Contractor agrees to either -
(i)
Accept payment
by check or some other mutually agreeable method of
payment; or
(ii)
Request the Government
to extend the payment due date until such
time as the Government can make payment by EFT (but see
paragraph
(d) of this clause).
b. Contractor's EFT information. The
Government shall make payment to the
Contractor using the EFT information
contained in the Central Contractor
Registration (CCR) database. In the event
that the EFT information changes, the
Contractor shall be responsible for
providing the updated information to the CCR
database.
c. Mechanisms for EFT payment. The
Government may make payment by EFT through
either the Automated Clearing House (ACH)
network, subject to the rules of the
National Automated Clearing House
Association, or the Fedwire Transfer System.
The rules governing Federal payments
through the ACH are contained in 31 CFR
part 210.
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Contract No. HHSM-500-2005-000041
Page 19 of 40
d. Suspension of payment. If the
Contractor's EFT information in the CCR
database is incorrect, then the Government
need not make payment to the
Contractor under this contract until
correct EFT information is entered into the
CCR database; and any invoice or
contract-financing request shall be deemed not
to be a proper invoice for the purpose of
prompt payment under this contract.
The prompt payment terms of the contract
regarding notice of an improper invoice
and delays in accrual of interest penalties
apply.
e. Liability for uncompleted or erroneous
transfers. (1) If an uncompleted or
erroneous transfer occurs because the
Government used the Contractor's EFT
information incorrectly, the Government
remains responsible for -
(i)
Making a correct
payment;
(ii)
Paying any prompt
payment penalty due; and
(iii)
Recovering any erroneously directed funds.
If an
uncompleted or erroneous transfer occurs because the
Contractor's
EFT
information was incorrect, or was revised within 30 days of
Government
release of
the EFT payment transaction instruction to the Federal Reserve
System,
and -
(i) If the
funds are no longer under the control of the payment office,
the
Government is deemed to have made payment and the Contractor is
responsible for recovery of any erroneously directed funds; or
(ii) If
the funds remain under the control of the payment office, the
Government
shall not make payment, and the provisions of paragraph (d) of
this
clause shall apply.
f. EFT and prompt payment. A payment shall
be deemed to have been made in a
timely manner in accordance with the prompt
payment terms of this contract if,
in the EFT payment transaction instruction
released to the Federal Reserve
System, the date specified for settlement
of the payment is on or before the
prompt payment due date, provided the
specified payment date is a valid date
under the rules of the Federal Reserve
System.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 20 of 40
g. EFT and assignment of claims. If the
Contractor assigns the proceeds of this
contract as provided for in the assignment
of claims terms of this contract, the
Contractor shall require as a condition of
any such assignment, that the
assignee shall register separately in the
CCR database and shall be paid by EFT
in accordance with the terms of this
clause. Notwithstanding any other
requirement of this contract, payment to an
ultimate recipient other than the
Contractor, or a financial institution
properly recognized under an assignment
of claims pursuant to subpart 32.8, is not
permitted. In all respects, the
requirements of this clause shall apply to
the assignee as if it were the
Contractor. EFT information that shows the
ultimate recipient of the transfer to
be other than the Contractor, in the
absence of a proper assignment of claims
acceptable to the Government, is incorrect
EFT information within the meaning of
paragraph (d) of this clause.
h. Liability for change of EFT information
by financial agent. The Government is
not liable for errors resulting from
changes to EFT information made by the
Contractor's financial agent.
i. Payment information. The payment or
disbursing office shall forward to the
Contractor available payment information
that is suitable for transmission as of
the date of release of the EFT instruction
to the Federal Reserve System. The
Government may request the Contractor to
designate a desired format and
method(s) for delivery of payment
information from a list of formats and methods
the payment office is capable of executing.
However, the Government does not
guarantee that any particular format or
method of delivery is available at any
particular payment office and retains the
latitude to use the format and
delivery method most convenient to the
Government. If the Government makes
payment by check in accordance with
paragraph (a) of this clause, the Government
shall mail the payment information to the
remittance address contained in the
CCR database.
G.10 CONSENT TO SUBCONTRACT
a.
The
Contractor shall be in compliance with FAR Part 44 and the
conflict of interest and exclusions provisions of this contract
when
entering into a subcontract arrangement for the purpose of
performing this contract.
b.
The
Contractor shall be required to complete and submit the
Subcontract Checklist in order to obtain subcontract consent
after
award of the contract.
c.
Consent is
granted to the following subcontracts:
Concentra Preferred Systems
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Contract No. HHSM-500-2005-000041
Page 21 of 40
G.11 PAST PERFORMANCE REGISTRATION
In accordance with the past performance
requirements of the FAR, CMS shall
require the contractor to register with the
National Institutes of Health (NIH)
Contractor Performance System (CPS). The
database allows for the electronic
collection, maintenance and dissemination
of contractor performance information.
Contractor registration is available online
at: https://cpscontractor.nih.gov.
G.12 ACCOUNTING AND APPROPRIATION DATA
CAN NO.
SOURCE OF RECORD NO.
TBD
09-70-0005
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Contract No. HHSM-500-2005-000041
Page 22 of 40
SECTION H - SPECIAL CONTRACT
REQUIREMENTS
H.1 DELIVERABLES/INTERNET - INTRANET
APPLICATIONS
If applicable, all written deliverables
will include a version in Hypertext
Mark-Up Language (HTML) formatted according
to Centers for Medicare and Medicaid
(CMS) Intenet, Intranet, and Extranet
Standards; available online at
www.cms.gov/about/web/inetspecx.htm.
All websites. Internet applications, and
content developed by Contractor shall
reside on CMS servers, follow CMS Standards
and Guidelines, and fitter through
the standard agency Internet Clearance
process.
If CMS agents or Contractor include
information that appears on www.cms.gov or
www.medicare.gov as part of their websites,
they must link directly to these
sites to ensure the validity and timeliness
of the information. Duplication of
content is not permitted.
Contractor performing work on projects that
include the development of Internet,
Intranet, or Extranet applications, shall
schedule and meet with CMS's Web
Support Team for guidance before they begin
to develop the project.
H.2. HHSAR 352-224-70 CONFIDENTIALITY OF
INFORMATION (APR 1984)
(a)
Confidential
information, as used in this clause, means information
or data of a personal nature about an individual, or
proprietary
Information or data submitted by or pertaining to an institution
or
organization.
(b)
In addition to
the types of confidential information described in
paragraph (a) of this clause, information which might require
special consideration with regard to the timing of its
disclosure
may derive from studies or research, during which public
disclosure
of preliminary unvalidated findings could create erroneous
conclusions which might threaten public health or safety if
acted
upon.
(c)
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.
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Contract No. HHSM-500-2005-000041
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(d)
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.
(e)
Confidential
information, as defined In paragraph (a) of this
clause, that is information or data of a personal nature about
an
individual, or proprietary Information or data submitted by or
pertaining to an institution or organization, shall not be
disclosed
without the prior written consent of the individual, institution,
or
organization.
(f)
Written advance
notice of at least 45 days will be provided to the
Contracting Officer of the Contractor's intent to release
findings
of studies or research, which have the possibility of adverse
effects on the public or the Federal agency, as described in
paragraph (b) of this clause. If the Contracting Officer does
not
pose any objections in writing within the 45-day period, the
Contractor may proceed with disclosure. Disagreements not
resolved
by the Contractor and the Contracting Officer will be settled
pursuant to the "Disputes" clause.
(g)
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.
(h)
Contracting
Officer determinations will reflect the result of
internal coordination with appropriate program and legal
officials.
(i)
The provisions
of paragraph (e) of this clause shall not apply when
the information is subject to conflicting or overlapping
provisions
in other Federal, State or local laws.
H.3 CONTRACTING PROHIBITIONS/ORGANIZATIONAL
CONFLICT OF INTEREST
a.
The RAC
and all subcontractors must be in compliance with FAR 9.5,
Conflict of Interest.
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Contract No. HHSM-500-2005-000041
Page 24 of 40
b. In addition, Section
306 of the Medicare Prescription Drug and
Modernization Act of 2003 stipulates that the Secretary may not
enter into
a recovery
audit contract under this section with an entity to the extent
that the
entity is a fiscal intermediary under section 1816 of the
Social
Security
Act (42 U.S.C. 1395h), a carrier under section 1842 of such Act
(42 U.S.C.
1395u), or a Medicare Administrative Contractor under section
1874A of
such Act.
c. In further carrying
out the intention of the prohibition of MMA Section
306, CMS
has determined the following exclusions apply:
(i)
For the purpose
of this contract, FIs, Carriers, PSCs, COBCs, and
DMERCs are precluded from being in a team arrangement, joint
venture
arrangement, subcontract or in a wholly owned subsidiary
arrangement
in order to perform this work.
(ii)
If you are a Fl,
Carrier, PSC, COBC, or DMERC with a wholly owned
subsidiary, that wholly owned subsidiary is also prohibited
from
receiving an award at any tier for this work.
(iii) Any
vendor that holds a MMA 306 RAC contract is prohibited from
entering into any other contract with CMS for the purpose of
identifying and/or recoupment of underpayments and overpayments
relating to Medicare claims. This prohibition shall be in effect
for
the full term of the RAC contract.
H.4 CONDITIONS FOR PERFORMANCE
In addition to the performance requirement
of this contract as 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 new legislation or regulations
impacting the Contract require
immediate implementation, the Contracting
Officer shall issue a change order
pursuant to FAR Clause 52.243-1, entitled
Changes - Cost Reimbursement.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 25 of 40
H.5 HHSAR 352.270-7 PAPERWORK REDUCTION ACT
(JAN 2001)
(a) In the event that it
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 1995 (Pub. L. 104-13) 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 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 Offers to determine the procedures for acquiring OMB
clearance.
(b) The Contractor shall obtain
the required 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 OMB clearance.
Excessive
delays
caused by the Government that 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.6 DISPOSAL OF IMAGED MEDICAL RECORDS
Imaged medical records must be disposed of
in a manner than leaves no trace of
data. The RAC shall use a method compliant
with CMS operating procedures and
standards. In addition, a log of all
disposed records shall be maintained by the
RAC.
H.7 HIPAA BUSINESS ASSOCIATE PROVISION
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
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Contract No. HHSM-500-2005-000041
Page 26 of 40
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. ss. 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 ss. 164.524.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 27 of 40
(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 ss.
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 ss. 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 ss.
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
ss.
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 ss. 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.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 28 of 40
TERM OF PROVISION
(a) The term of this Provision
shall be effective as of March 10, 2005, 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.
<PAGE>
Contract No. HHSM-500-2005-000041
Page 29 of 40
(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.8 COPYRIGHTS
a. Data first produced in
the performance of this contract.
(i)
The contractor
agrees not to assert, establish, or authorize others
to assert or establish, any claim to copyright subsisting in
any
data first produced in the performance of this contract without
prior written permission of the contracting officer. When claim
to
copyright is made, the contractor shall affix the appropriate
copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of
government sponsorship (including contract number) to such data
when
delivered to the government, as well as when the data are
published
or deposited for registration as a published work In the U.S.
Copyright Office. The contractor grants to the government, and
others acting on its behalf, a paid-up nonexclusive,
irrevocable,
worldwide license for all such data to reproduce, prepare
derivative
works, distribute copies to the public, and perform publicly,
and
display publicly, by or on behalf of the government.
(ii)
If the government
desires to obtain copyright in data first produced
in the performance of this contract and permission has not been
granted as set forth above, the contracting officer may direct
the
contractor to establish, or authorize the establishment of, claim
to
such copyright to the government or its designated assignee.
b. Data not first
produced in the performance of this contract.
The
contractor shall not, without prior written permission of the
contracting officer, incorporate in data delivered under this
contract any
data not
first produced in the performance of this contract and which
contain
the copyright notice of 17 U.S.C. 401 or 402, unless the
contractor
identifies such data and grants to the government.
H.9 DISSEMINATION, PUBLICATION
AND DISTRIBUTION OF INFORMATION
a. Subject to Section
H.8, data and information either provided to the
contractor
or any subcontractor generated by activities under this
contract
or derived from research or studies supported by this contract
shall be
used only for purposes of this contract.
<PAGE>
Contract No. HHSM-500-2005-000041
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b. Data and information
either provided to the contractor, or to any
subcontractor, 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 a 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.
c. Some data or
information may require special consideration with regard to
the timing
of its disclosure. 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.
d. Any requests for or
questions about use or release of the date 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.
e. The contractor agrees
not to release Medicare data and information either
provided
to the contractor, generated by activities tinder contract, or
derived
from research or studies supported by this contract without the
prior
permission of the contracting officer.
f. Any presentation of
any report, statistical or analytical material based
on
information obtained from this contract which requires special
consideration with regard to the protection of the privacy of
individuals
or of
trade secrets or privileged or confidential commercial
information
shall be
subject to review by the contracting officer 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.
g. Written advance notice
of at least forty-five (45) days shall be provided
to the
contracting officer of the contractors desire to release
information where there may be a question of the protection of the
privacy
of
individuals or of trade secrets or privileged or confidential
commercial Information.
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Contract No. HHSM-500-2005-000041
Page 31 of 40
h. The contracting
officer's review shall cover confidentiality issues and
the
protection of the privacy of individuals. If the review reveals
that
the
privacy of individuals, trade secrets or privileged or
confidential
commercial
information is, or may be violated, the release use of the
presentation shall be denied until the offending material is
removed or
until the
contracting officer makes a formal determination, in writing,
that
confidentiality provisions, the privacy of individuals, trade
secrets
or
privileged or confidential commercial information is not being
violated.
i. 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:
"The
analyses upon which this publication is based were performed
under
contract
number HHSM-500-2005-000041, entitled, "MMA Section 306
Recovery
Audit
Demonstration," sponsored by the Centers for Medicare and
Medicaid
Services,
Department of Health and Human Services." The conclusions and
opinions
expressed, and methods used herein are those of the author.
They
do not
necessarily reflect CMS policy. The author assumes full
responsibility for the accuracy and completeness of the ideas
presented.
Ideas and
contributions to the author concerning experience in engaging
with
issues presented are welcomed. Any deviation from the above
legend
shall be
approved, in writing, by the contracting officer.
H.10 FAR 52.204-7 CENTRAL CONTRACTOR
REGISTRATION CENTRAL (OCT 2003)
(a) Definitions. As used in this
clause-
"Central Contractor Registration (CCR)
database" means the primary Government
repository for Contractor information
required for the conduct of business with
the Government.
"Data Universal Numbering System (DUNS)
number" means the 9-digit number
assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
"Data Universal Numbering System+4 (DUNS+4)
number" means the DUNS number means
the number assigned by D&B plus a
4-character suffix that may be assigned by a
business concern. (D&B has no
affiliation with this 4-character suffix.) This
4-character suffix may be
<PAGE>
Contract No. HHSM-500-2005-000041
Page 32 of 40
assigned at the discretion of the business
concern to establish additional CCR
records for identifying alternative
Electronic Funds Transfer (EFT) accounts
(see the FAR at Subpart 32.11) for the same
parent concern.
"Registered in the CCR database" means
that-
(1) The Contractor has entered
all mandatory information, Including the DUNS
number or
the DUNS+4 number, into the CCR database; and
(2) The Government has validated
all mandatory data fields and has marked the
record
"Active."
(b)
(1) By submission of an offer,
the offeror acknowledges the requirement that a
prospective awardee shall be registered in the CCR database prior
to
award,
during performance, and through final payment of any contract,
basic
agreement, basic ordering agreement, or blanket purchasing
agreement
resulting
from this solicitation.
(2) The offeror shall enter, in
the block with its name and address on the
cover page
of its offer, the annotation "DUNS" or "DUNS+4" followed by the
DUNS or
DUNS+4 number that identifies the offeror's name and address
exactly as
stated in the offer. The DUNS number will be used by the
Contracting Officer to verify that the offeror is registered in the
CCR
database.
(c) If the offeror does not have
a DUNS number, it should contact Dun and
Bradstreet
directly to obtain one.
(1) An offeror may obtain a DUNS
number-
(i) If located within the United
States, by calling Dun and Bradstreet at
1-866-705-5711 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United
States, by contacting the local Dun and
Bradstreet
office.
(2) The offeror should be
prepared to provide the following information:
(i) Company legal business
name.
(ii) Tradestyle, doing business, or
other name by which your entity is commonly
recognized.
(iii) Company physical street address,
city, state and Zip Code.
(iv) Company mailing address, city,
state and Zip Code (if separate from
physical).
<PAGE>
Contract No. HHSM-500-2005-000041
Page 33 of 40
(v) Company telephone
number.
(vi) Date the company was started.
(vii) Number of employees at your
location.
(viii) Chief executive officer/key
manager.
(ix) Line of business (industry).
(x) Company Headquarters name
and address (reporting relationship within your
entity).
(d) If the Offeror does not become
registered in the CCR database in the time
prescribed by the Contracting Officer, the
Contracting Officer will proceed to
award to the next otherwise successful
registered Offeror.
(e) Processing time, which normally takes
48 hours, should be taken into
consideration when registering. Offerors
who are not registered should consider
applying for registration immediately upon
receipt of this solicitation.
(f) The Contractor is responsible for the
accuracy and completeness of the data
within the CCR database, and for any
liability resulting from the Government's
reliance on inaccurate or incomplete data.
To remain registered in the CCR
database after the initial registration,
the Contractor is required to review
and update on an annual basis from the date
of initial registration or
subsequent updates its information