Bidder Alert for DMEPOS Competitive Bidding
REMINDER: The Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program requires all bidders and contract suppliers to comply with all applicable federal and state laws. For example, bidders must comply with federal antitrust laws. The Centers for Medicare & Medicaid Services (CMS) takes these laws very seriously and will not tolerate violations. Any supplier suspected to have violated federal antitrust laws by engaging in practices such as price fixing, bid rigging or other forms of collusion will be referred to the Department of Justice for investigation and is subject to having its bid rejected. For more information, see the Department of Justice’s fact sheet on the federal antitrust law on this website. If you suspect entities participating in the Competitive Bidding Program may be engaging in practices that violate antitrust laws, please contact the CBIC Customer Service Center at 1-877-577-5331. The CBIC will report antitrust concerns to CMS for referral to appropriate law enforcement agencies.
Here is some important information for you to consider if you are planning to use a consultant for the preparation of your bid(s):
Question: May bidders use a consultant for the preparation of their bids?
Answer: While bidders may use consultants to assist in the preparation of their bids, each bidder is responsible for validating and submitting its own bid. All bids must comply with all terms and conditions of the Request for Bids (RFB), regardless of whether a consultant is used.
Question: Are certain consultants or certain consultant services not appropriate for assisting in bid preparation?
Answer: If a bidder decides to use a consultant, any consultation service must be consistent with the DMEPOS Competitive Bidding Program authorizing regulations and the 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. 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 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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