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Late in the evening on October 27, CMS announced that they would not move forward with 13 product categories for Round 2021 DMEPOS CBP, leaving only off-the-shelf back and knee braces in certain CBAs.

CMS has released the new single payment amounts (SPAs) and started sending contract offers to bidders for the OTS Back Braces and OTS Knee Braces product categories in the Round 2021 DMEPOS CBP. These new payment amounts and contracts go into effect on January 1, 2021.

The Round 2021 product categories include:

• OTS Back Braces
• OTS Knee Braces

For a list of the specific items in each product category, or for a list of the areas included in Round 2021, visit the CBIC website.

Winning bidders for the OTS back and knee brace product categories have received Round 2021 contract offers in Connexion, the DMEPOS CBP’s secure portal. Winning bidders need to respond to the contract offers no later than 8:59:59 p.m. prevailing Eastern Time on November 10, 2020.

Disqualification notices were also released in Connexion on October 27, 2020, as applicable, to bidders who submitted bids for OTS back braces and/or knee braces. In accordance with section 1847(b)(12)(B) of the Social Security Act and 42 CFR § 414.424(a)(2), there is no administrative or judicial review of the awarding of contracts under the DMEPOS CBP. However, CMS provides bidders that receive a bid disqualification notice the opportunity to submit an inquiry regarding the bid disqualification(s), referred to as the bidder inquiry process. Bidders have 30 calendar days from the issue date of the disqualification notice, to submit an inquiry in Connexion for the bid disqualification(s) to be reviewed. The deadline for submitting a bidder inquiry is 8:59:59 p.m. prevailing Eastern Time on November 27, 2020. For more information, please see the Bidder Inquiry Process fact sheet.

CMS will collect on bid surety bonds for Round 2021 bidders who bid in the OTS back or knee brace product categories and whose bid(s) meets forfeiture conditions specified in the statute and regulations. Bidders who do not meet the forfeiture conditions in 42 CFR 414.412 (g)(3)(i) will have their bid surety bond liability returned within 90 days of the public announcement of contract suppliers for the CBA. CMS will issue appropriate notice to the applicable bidders and sureties.

The van Halem Group will continue to provide guidance as information develops.