Common use of Exchange Procurements Clause in Contracts

Exchange Procurements. Per 45 CFR Part 92.36, States are required to follow their “own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section [45 CFR Part 92.36].” As part of this cooperative agreement, substantial Federal involvement with the recipient is anticipated during performance. As such, CMS’s purpose is to support the recipient’s activities and work jointly with the award recipient in a partnership role. As part of this collaborative process, CMS will want to review vendor proposals to provide feedback and engage in discussions with cooperative agreement awardees. CMS is committed to providing expert technical assistance to States as they work to design and deploy their Exchanges, as required under the Affordable Care Act (ACA). This high-quality technical assistance increases the opportunities for reuse, sharing, and collaboration, and reduces implementation cost. CMS has identified three key steps States are strongly recommended to take in procurement of Exchange IT contracts to assure procurements meet re-use and transparency expectations:  Prepare an Independent Government Cost Estimate (IGCE) prior to release of Request for Proposals (RFPs) and share the results of that study with CCIIO.  Use a vendor screening process before entering into contract negotiations with any vendors.  Include contract clauses that promote reuse. More detail around these best practices may be found in “Best Practices and Requirements in Contracting and Procurement for Exchange Information Technology Systems” which is available at: xxxxx://xxxxxx.xxx.xxx/resources/document_detail?doc_detail_id=d882c8c3- 274d-69f0-ede9-501a9ac78e52.

Exchange Procurements. Per 45 CFR Part 92.36, States are required to follow their “own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section [45 CFR Part 92.36].” As part of this cooperative agreement, substantial Federal involvement with the recipient is anticipated during performance. As such, CMS’s ’ purpose is to support the recipient’s activities and work jointly with the award recipient in a partnership role. As part of this collaborative process, CMS will want to review vendor proposals to provide feedback and engage in discussions with cooperative agreement awardees. CMS is committed to providing expert technical assistance to States as they work to design and deploy their Exchanges, as required under the Affordable Care Act (ACA). This high-quality technical assistance increases the opportunities for reuse, sharing, and collaboration, and reduces implementation cost. CMS has identified three key steps States are strongly recommended to take in procurement of Exchange IT contracts to assure procurements meet re-use and transparency expectations:  Prepare an Independent Government Cost Estimate (IGCE) prior to release of Request for Proposals (RFPs) and share the results of that study with CCIIO.  Use a vendor screening process before entering into contract negotiations with any vendors.  Include contract clauses that promote reuse. More detail around these best practices may be found in “Best Practices and Requirements in Contracting and Procurement for Exchange Information Technology Systems” which is available at: xxxxx://xxxxxx.xxx.xxx/resources/document_detail?doc_detail_id=d882c8c3- 274d-69f0-ede9-501a9ac78e52.