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1 WEST WILSON STREET P.O. BOX 7850
Governor Helene Secretary Nelson
WI 53707-7850 608-266-8445
State of Wisconsin Department of Health and Family Services Contract for Revenue Maximization and Related Services OS03DMT-ES
This contractual agreement is entered into for the period November 1, 2004 through October 31, 2006, with an option by mutual agreement of the Agency and Contractor, to renew for three additional one-year periods, by and between the State of Wisconsin as represented by the Department of Health and Family Services, on behalf of the Division of Management and Technology whose principal business address is 1 West Wilson Street, PO Box 7850, Madison, WI 53707-7850 herein referred to as "Agency", or "Purchaser", and Public Consulting Group, Inc., whose principal business address is 148 State Street 10th Floor, Boston, MA 02109 herein referred to as "Contractor". WHEREAS, Agency wishes to purchase services from Contractor as it is authorized to do so by Wisconsin law; and WHEREAS, Contractor is engaged in furnishing the desired services; NOW THEREFORE, inconsideration of the mutual undertakings and agreements herejn set forth, which the Parties hereby acknowledge constitute good and valuable consideratio~sufficient to establish this Contract as a binding legal obligation under applicable law, the Parties hereby agree as follows: 1.0 Project Description / Scope of Work This Contract targets new revenues that may be available to the State. Contractor will review past audits and claims and conduct other analyses relating to the State's administration of programs falling within the RFP and meet with Agency management and staff to prepare and conduct a comprehensive review of opportunities where the State can increase current revenues. This Contract will be administered by the Wisconsin Department of Health and Family Services. The Contract administrator will be Amy McDowell, Chief, Program and Federal Accounting. 2.0 Definitions The following definitions are used throughout the Contract: Agency or Purchaser means the Wisconsin Department of Health and Family Services. State means State of Wisconsin. Contractor means the entity awarded the Contract. Contract means this document, resulting Management Letters, Contractor's proposal dated 8119/2004, Request for Proposals 0503DMT-ES issued 8/12/2004 and the State's Standard and Supplemental Terms and Conditions. Parties means Agency and Contractor. Management Letter means a document that defines the scope and specific terms of a project awarded under' this contract. A management letter defines the time period for claiming prospective and retroactive claims and sets the contingency fee specific to an individual project. .
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Contract term The Contract shall be effective November 1,2004 and shall run for two years from that date, with an option by mutual agreement of the Parties, to renew for three additional one-year periods.
Assigning Work under the Contract The Agency reserves sole discretion to assign specific revenue maximization Management Letter awarded to Contractors. initiatives by
Fees and Fixed price period The Agency may negotiate the terrns of each revenue maximization initiative, including the Contractor's contingency fee and the number of calendar quarters of revenue to which that fee will be applied, with the selected Contractor prior to entering into a Management Letter. All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for the entire Contract tenn and any extensions, unless renegotiated to the advantage of the State. No expenses (travel reimbursement, time etc) wiUbe paid directly or in addition to the Contractor contingency fees. For federal revenues, The Contractor's contingency fee shall not exceed five point seven five percent (5.75 %).
For Third party liability and other non-federal revenues, The Contractor's contingency fee shall not exceed nine point nine percent (9.90%).
Contingency fees may be negotiated by Management Letter for Medicaid Fraud and Abuse or other initiatives not included in the two categories listed above that Contractor claimed requires further consideration as noted in its original or amended cost. proposal. 6.0 Billing for Fees Contractor may submit invoices for successfully captured revenues on a quarterly calendar basis. The Agency will pay properly submitted invoices within 30 days as stated in Wisconsin Statutes 16.528, Wisconsin's "Prompt Payment" law. The State may require legislative approval to reimburse the Contractor. The State is not required to use General Fund revenues to pay for Contractor contingency fees. The Agency may, at its option, hold the Contractor's such time as the Agency receivesconfirmation from reviewed and approved. If the federal agency denies paid to Contractor. If a contingency fee has been paid the claim, the fees must be returned to the Agency. 7.0 Reporting Requirements The Contractor shall provide the Agency with monthly written and oral status reports. Further, the Contractor will make regular monthly presentations to the Agency during the Contract term, and will present a fmal report and provide any other reports as specified by the Agency Page 2 0'5 contingency fee in an escrow account until the federal agency that the claim has been the claim, the contingency fee will not be and the federal agency subsequently denies
throughout the Contract term. Presentations will be at the significant points in project schedule as to be determined and identified by the Agency. Five (5) working ·days will be given to the Contractor in advance of a specific required presentation. 8.0 Contractor and subcontractors The Contractor will be responsible for performance of all obligations under the Contract when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the Contract. If subcontractors are to be used, the Contractor must clearly explain their participation. The Contractor shall obtain written permission of the Agency prior to use of any subcontractor. The State is committed to the promotion of minority business in the State's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(3m) and 560.036(2), Wisconsin Statutes .. The Agency is committed to the promotion of minority business in the State's purchasing program. State policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this Contract, with a goal of awarding at least 5% of the Contract price to such enterprises. The Contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their Contract amount. A listing of certified minority businesses, as well as the services and commodities they provide, is • available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/dsas/mbe/index.asp. 9.0 Executed Contract to constitute entire agreement The contents of the Contractor's proposal (including all attachments), and the state's solicitation (RFP 0503DMT -ES), including all addenda and revisions thereto, and additional terms agreed to, in writing, by the Agency and the Contractor shall become part of the Contract. Failure of the Contractor to accept these as binding contractual obligations may result in a cancellation of the Contract. The following priority of documents constituting the Contract will be used if there are conflicts or inconsistencies between documents, with a document listed above having precedence over a document listed below. Resulting Management Letters This Document Contractor's Proposal Dated 08119/04 State Request for Proposal Dated 08/12/04 Standard Terms and Conditions (DOA 3054) Supplemental Standard Tenus and Conditions for Procurements for Services (DOA3681) 10.0 Termination of Contract Page 30f5
This Contract or any/all resulting Management Letter may be terminated by either Party at any time with or without cause, upon thirty (30) days notice, in writing and delivered by mail or in person to the other Party. Upon termination by the Agency. the Agency's liability will be limited to contingency fee payments for additional"federal funds secured based on Contractor work performed on or before the date the termination notice was given. Upon termination by the Contractor, each Management Letter must be dealt with in accordance with the following two paragraphs. If the Contractor terminates work on a particular Management Letter, the Contractor will be entitled only to contingency fees attributable to its work performed prior to termination, which resulted in a claim for and receipt of federal funds. In the instance where the Contractor terminates work, the Agency will be free to pursue on its own work under the particular Management Letter, or contract with another entity to pursue that work. In such instances, the Agency will be entitled to all revenues without deduction of any contingency fee for Contractor.
In the event a Management Letter is terminated by the Contractor, the Agency may require the
Contractor to complete work in progress at the time of said termination. In such instance, the Agency shall compensate the Contractor for such services at the rates negotiated between Purchaser and Contractor. Nothing in this section shall deprive the Contractor of fees earned as a result of any.work completed prior to cancellation. If a management letter is terminated by the Agency, the Agency will be required to rei~burse the Contractor up to the documented reasonable and necessary costs of the time and materials the Contractor invested in the management letter initiatives to the point the Agency terminated the management letter. 11.0 Sales or Distribution of Data No data, information or distribution lists related to this contract may be sold or otherwise distributed by the Contractor to a third party, including to any divisions owned by or affiliated with the Contractor. Records Retention . The contractor shall be required to retain all records associated with the performance of this contract for a period of seven years from the end date of the contract. Standard Terms and Conditions The following standard State contractual provisions are hereby incorporated into the Contract, subject to the order of precedence set forth at section 9.0, above (Standard Terms and Conditions (DOA-30S4) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-368I)). Failure of the Contractor to accept these as binding contractual obligations may result in cancellation of the Contract.
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1 WEST WILSON STREET
P.O. BOX 7850 m Doyle ·overnor elene Nelson scretary
MADISON WI 53707·7850
State of Wisconsin Department of Health and Family Services
Commodity or Service: Contract Period:
Revenue Maximization Services
Request for Bid/Proposal No: Contract No: 0503DMT-ES
November 1,2004 - October 31, 2006
1. This contract is entered into by and between the State of Wisconsin, ODepartment of Health and Family Services, and the contractor whose name, address, and principal officer appears below; 2. Whereby the Department of Health and Family Services agrees to direct the purchase and the contractor agrees to supply the contract requirements cited above in accordance with the terms and conditions of the request for proposals cited above, and in accordance with the contractor'sproposal submitted on this request; which request is hereby made a part of this contract; 3. In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defmed in s.51.0 I (5), Wis. Stats., sexual orientation as defined in s.lI1.32(I3m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. Exc'y;ptwith respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 4. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan. Contractors with an annual work force ofless than twenty- five (25) employees are exempted from this requirement .. Within fifteen (15) working days after the award of the contract, the plan shall be submitted for approval to the contracting agency. Technical assistance regarding this clause is provided by the Wisconsin Office of Contract Compliance, Department of Administration, P.O. Box 7867, Madison, WI 53707-7867, (608) 266-5462.
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