Are certain consultants or certain consultant services not appropriate for assisting in bid preparation?
If a bidder decides to use a consultant, any consultation service must be consistent with the Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program authorizing regulations and the Request for Bids (RFB) and permissible under all applicable federal laws.
If a supplier uses a consultant, the supplier may not knowingly use a consultant that compares that supplier’s bid with, or knowingly makes bid item prices identical or substantially the same as, the bid of another bidder(s). Consultants must not violate any federal antitrust law or engage in anticompetitive behavior (e.g., comparing different suppliers’ bids or knowingly advising different suppliers to submit identical or substantially identical bid prices) in preparing bids. The Centers for Medicare & Medicaid Services (CMS) reviews the financial capacity of each bidder to supply DMEPOS at the bid price and determines whether a bid is bona fide, and, generally, whether the bid complies with the applicable law, regulations, and RFB. CMS will reject a bid that is not bona fide or does not otherwise comply with the law, regulations, or RFB. If you suspect a consultant may be engaging in practices that violate antitrust laws, please contact the Competitive Bidding Implementation Contractor (CBIC) Customer Service Center at 1-877-577-5331.
If a bidder uses a consultant, the bidder needs to verify that the information prepared by the consultant is accurate and can be certified as true by the bidder. Bidders certify that their bids are true, accurate, and complete when they approve Form B in DBidS. Approving Form B also certifies that the bidder understands that any omission, misrepresentation, or falsification of any information contained in the bid and all required attachments and supplemental information or contained in any communication supplying information to CMS or the CBIC may be punishable by criminal, civil, or other administrative actions including revocation of approval, fees, and/or imprisonment under federal law.
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