RECOVERY/HITECH Medicare Learning Network

This notice is provided for informational purposes only. This opportunity is only available to LCB Solution, LLC. The Centers for Medicare & Medicaid Services (CMS) intends to modify an existing contract to meet mandates of the American Recovery and Reinvestment Act (ARRA) of 2009. CMS determined this work is within the scope of an existing contract with LCB Solution, LLC and therefore, intends to obtain the services required via a modification to the contract with LCB Solution, LLC. The contract is for the Medical Learning Network, Consistency in Medicare Contractor Outreach Material which provides some of the training materials disseminated to the Medicare Fee-for -Services (FFS) community. The contract is being modified to provide educational information to the FFS provider community on the various aspects of the legislation. This will be provided in the form a of a series of Medicare Learning Network Fact Sheets and MLN Matters Special Edition Articles as mandated by ARRA. The contract being modified was originally awarded competitively and is a Time and Material (TM) type contract; due to the fact that the work performed for this requirement is unpredictable. The requirement as modified continues to be unpredictable in nature because the amount of time required to develop MLN articles varies greatly depending on the complexity of the policy changes, subsequent clearance process and iterations. Since the Contractor's accounting system was deemed adequate for accumulating and billing costs under Government contracts by the Defense Contract Audit Agency in December 2008, the amount of the performance of the ARRA requirement will be negotiated on a cost plus fixed fee (CPFF) basis. Per FAR 16.6(c) (1), a time and material contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Further, in accordance with FAR 16.6 (d) a time-and-materials contract may be used only if the Contracting Officer prepares a determination and findings that no other contract type is suitable. Considering the fact that the Contractor now has an approved accounting system, there is no justification for the use of T&M for the modified requirement.