SOLICITATION NOTICE
R -- Medicare Provider/Supplier Fingerprint-based Checks for Fraud Prevention - Draft SOW
- Notice Date
- 4/13/2012
- Notice Type
- Presolicitation
- NAICS
- 561611
— Investigation Services
- 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
- 04132012-02
- Archive Date
- 5/15/2012
- Point of Contact
- Nathaniel M Dean, Phone: 4107869417
- E-Mail Address
-
Nathaniel.Dean@CMS.hhs.gov
(Nathaniel.Dean@CMS.hhs.gov)
- Small Business Set-Aside
- N/A
- Description
- Draft SOW REQUEST FOR INFORMATION Department of Health and Human Services (HHS) Centers for Medicaid and Medicare (CMS), Centers for Program Integrity (CPI), Agency/Office: DHHS, CMS, Center for Program Integrity (CPI) Project Title: Medicare Provider/Supplier Fingerprint-based Checks for Fraud Prevention Classification Code: R - Professional, administrative, and management support services NAICS Codes: 541990 All other Professional, Scientific and Technical Services (Small Business Size Standard is $14M) PSC Code: R Category - 499 Response Date: April 30, 2012 Note: This announcement will be posted under multiple NAICS and PSC codes for teaming purposes only. NAICs 561519 Other Computer Related Services 561611 Investigation Services PSC Code: R - Category 615 1.0 Introduction The Office of Acquisitions and Grants Management (OAGM) in support of CPI is seeking information regarding a requirement for FBI Channeler and Non-channeler services to conduct fingerprint based background checks described in the attached draft Statement of Work (SOW)/ Performance Work Statement (PWS). The purpose of this notice is to obtain information from industry regarding this potential requirement and to obtain feedback from industry in response to requirements described in the Draft Statement of Work (Draft SOW/PWS) transmitted with this notice. More information about the FBI Channeler requirements can be obtained at the link provided below: http://www.fbi.gov/about-us/cjis/background-checks/fbi-approved-channelers 1.2 THIS IS A REQUEST FOR INFORMATION (RFI) ONLY. This RFI is issued solely for information and planning purposes - it does not constitute a Request for Proposal (RFP) or a promise to issue an RFP in the future. This request for information does not commit the Government to contract for any supply or service. Further, at this time, CMS is not seeking proposals and will not accept unsolicited proposals. Respondees are advised that the U.S. Government will not pay for any information or administrative costs incurred in response to this RFI; all costs associated with responding to this RFI will be solely at the interested party's expense. Not responding to this RFI does not preclude participation in any future procurement is conducted. It is the responsibility of the potential offerors to monitor this site for additional information pertaining to this requirement. 2.0 Background The Centers for Medicare & Medicaid Services (CMS) is pursuing an aggressive National Fraud Prevention Program (NFPP) focused on prevention and detection that is integrated, risk-based, and measurable. The CMS Center for Program Integrity (CPI) created in April 2010 is accountable for strengthening existing program integrity activities for the prevention and detection of fraud, waste, and abuse in the Medicare and Medicaid programs and Children's Health Insurance Program. The Patient Protection and Affordable Care Act (Pub. L. 111-149), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) (collectively known as the Affordable Care Act or ACA) makes a number of changes to the Medicare program that enhance provider and supplier enrollment process to improve the integrity of the program to reduce fraud, waste and abuse. CMS implemented certain provisions of ACA to establish additional screening requirements for providers and suppliers. The CMS Rule (72 FR 5862) published February 2, 2011 (http://federalregister.gov/a/2011-1686) implemented at 42 CFR §424.518(c)(2)(B) requires certain owners of providers and suppliers designated to the high level of screening undergo fingerprint-based criminal background check. Based on the current definitions, fingerprint-based screening will impact the initial enrollments of providers/suppliers of Durable Medical Equipment, Prosthetics/Orthotics & Supplies (DMEPOS) and home health agencies (HHA), and providers/suppliers coming back into the Medicare fee-for-service program from a moratoria status. 2.1 Purpose and Objectives CPI is anticipates obtaining services under a single contract to manage collection of fingerprint records on a nationwide basis, to submit fingerprints and receive criminal history record information (CHRI) furnished by the Federal Bureau of Investigation (FBI), and to review the CHRI for violations of Medicare provider and supplier enrollment requirements and policy that might support CMS's denial or revocation of provider/supplier enrollment. The contractor must be able to handle approximately 50,000 fingerprint-based checks annually. The FBI limits exchange of criminal history records through approved channelers (contractors) who are granted access to FBI record systems. This CMS acquisition includes two functions. • A channeler function to collect and submit fingerprints and receive criminal history record information (CHRI) furnished by the Federal Bureau of Investigation (FBI), and • A non-channeler function to securely receive and store CHRI to meet CMS recordkeeping requirements, to review and interpret CHRI reports and assign a pass/fail recommendation based on CMS enrollment regulations and guidance. Both functions are subject to FBI's outsourcing standards and security policy for handling CHRI data and as described in the attached Draft Statement of Work. Contractors intending to provide channeler services must be approved by the FBI to channel fingerprint data to the FBI and obtain CHRI for an authorized recipient (CMS) and authorized purpose. Contractors without this approval or without teaming arrangements with entities that have this approval will not qualify for award. More specific data on the requirement is provided in the draft SOW as an attachment. 2.2 Delivery Period: Services to be provided will be required for either a 4 or 5 year period from date of contract award. Estimated timeframe for contract award is December 2012 to February 2013. 2.3 Limitations: Currently, there are no limitations associated with this effort; however, as a result of continued market research the government reserves the right to set aside either a portion or all of this effort for small business. 2.4 Security Requirements: As stated earlier both functions (channeler and non-channeler) are subject to FBI's outsourcing standards and security policy for handling CHRI data and as described in the attached Draft Statement of Work. 2.5 Project Business/Technical/Performance Requirements Please refer to the attached Draft Statement of Work and additional reference documents which are provided for industry comment and feedback. 3.0 Requested Information: Interested vendors are requested to provide an RFI response that includes comments on the Draft Statement of Work and focuses on the questions provided below. The information gained from this RFI will be used for CMS internal use and consideration: 1. What challenges do you see in meeting the CMS requirement to deliver nationwide coverage for fingerprint collection? What are the standard industry methods for collecting fingerprints on a nationwide scale? What customer support methods are standard for this type of effort to help individuals locate the nearest fingerprint location, e.g. website, 1-800 call center, help desk? 2. Is it feasible to require that individuals pay for their fingerprint collection, and that CMS only reimburse the contractor for the CHRI and fitness recommendation as described in the Draft SOW requirement? 3. Do you see any challenges with meeting the CMS requirement to collect the identity of the individual being fingerprinted (Name, DOB, SSN, Address) and to electronically, secure, retain and pass this identity information to CMS? 4. Do you see any challenge with the CMS requirement to hold fingerprints for up to 365 days before transmitting to FBI? 5. Based on guidance from FBI CJIS, CMS understands that the Channeler is required to pass the CHRI through the Authorized Recipient (CMS) before it is accessed and stored by a Non Channeler. How is this FBI requirement generally met? What is the most efficient manner to pass the CHRI from the Channeler to CMS and the Non Channeler? What recommendations would you make to improve the requirement described in Section 5.3 of the Draft SOW? 6. Do all CHRI output files require manual review to make a fitness recommendation? Can automated methods be used (for instance, to report when no criminal record is found for an individual)? What circumstances impact whether manual review versus automated review is possible when making a fitness recommendation? 7. How long does it take to make a fitness recommendation when the CHRI has final dispositions on an individual's criminal record? 8. How long does it take to search for final disposition information that is not found on the CHRI? What sources do you use to fill in missing disposition information? What are the average costs or level of effort associated with each case worked under this task? 9. What is the standard industry practice for communicating an unfavorable finding in the CHRI? Do you send a written communication on behalf of the Authorized Recipient to the individual with information about the findings? 10. Upon reviewing the attached Draft SOW, what are the main variables/factors considered when making a determination to bid or not to bid (i.e., CLIN structure, contract type, contract length, subcontracting goals, socio-economic programs, incentives, period of performance, contract historical data). What should the Government consider: a. To enhance competition? b. To increase Small Business participation? c. To reduce costs? d. To acquire the appropriate skill mix? e. To maximize understanding and to clarify tasking? f. What recommendations should be considered to ensure the objectives and outcomes are clearly identified? g. To maximize the use of Firm Fixed Price contracting? 11. What percentages of the various small business socio-economic categories (e.g., Veteran Owned, 8-a, Hubzone, etc.) are achievable in specific tasking areas and/or overall? What tasking would small business be most able to perform? 12. If you are currently providing these services to any Government agencies could you please provide the contract number and contact information for the Contracting Officer Representative? 4.0 Responses 4.1 Interested parties are requested to respond to this RFI with a white paper. White papers shall be submitted in Microsoft Word compatible, Times New Roman 12 font, and are due no later than 30 April 2012, 3:00pm EST. White papers shall be submitted via e-mail only to Nathaniel.Dean@cms.hhs.gov. White papers will consist of two sections. 4.2. Section 1 will include the following: Name, mailing address, phone number, fax number, and e-mail of designated point of contact. Business type (large business, small business, small disadvantaged business, 8(a)-certified small disadvantaged business, HUBZone small business, woman-owned small business, very small business, veteran-owned small business, service-disabled veteran-owned small business) based upon North American Industry Classification System (NAICS) code 541690, Other Scientific and Technical Services. "Small Business Concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR part 121. The size standards for each NAICs and PSC code to be qualified as a small business can be located on the following site http://www.sba.gov/contractingopportunities/officials/size/index.html A small business concern for the purposes of this procurement is generally defined as a business, including its affiliates, averaging no more than $14 million dollars in annual receipts. To qualify, annual receipts of a concern that has been in business for 3 or more complete fiscal years means the annual average gross revenue of the concern taken for the last 3 fiscal years. Annual receipts of a concern that has been in business for less than 3 complete fiscal years means its total receipts for the period it has been in business, divided by the number of weeks including fractions of a week that it has been in business, and multiplied by 52. Respondees are cautioned, however, that this is a general description only. Additional standards and conditions apply. Please refer to Federal Acquisition Regulation FAR 19 for additional detailed information on Small Business Size Standards. The FAR is available at http://www.arnet.gov. 4.3 Section 2 of the white paper shall answer the questions raised in Section 3 of this RFI and shall be limited to 15 pages. This section will also include any contractor comments on the SOW/PWS or suggestions. Proprietary information, if any, should be minimized and MUST BE CLEARLY MARKED. To aid the Government, please segregate proprietary information. Please be advised that all submissions become Government property and will not be returned. The number of pages in Section 1 of the white paper shall not be included in the 15-page limitation, i.e., the 15-page limitation applies only to Section 2 of the white paper. Section 1 of the white paper shall provide administrative information, and shall include the following as a minimum: 5.0 Industry Response / Clarifications CMS - Contracts representatives may or may not choose to contact potential offerors. Such communications would only be intended to get further clarification of written responses. Contractor support personnel may be used to review RFI responses. The Government may rely on personnel of a Federally Funded Research and Development Center (FFRDC) (The MITRE Corporation) to assist in reviewing responses. The government has implemented an OCI risk mitigation plan for this effort. Members of the MITRE team will be required to sign non-disclosure agreements prior to reviewing any industry submissions. 6.0 Summary THIS IS A REQUEST FOR INFORMATION (RFI) ONLY for FBI Channeler and Non-channeler services. The information provided in the RFI is subject to change and is not binding on the Government. CMS, CPI, HHS, OAGM, etc has not made a commitment to procure any of the items discussed, and release of this RFI should not be construed as such a commitment or as authorization to incur cost for which reimbursement would be required or sought. All submissions become Government property and will not be returned.
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