‘‘(i) ROUND 1 OF COMPETITIVE AC-
QUISITION
PROGRAM.—Notwithstanding 
subparagraph (B)(i)(I) and in imple-
menting the first round of the competitive 
acquisition programs under this section— 
‘‘(I) the contracts awarded under 
this section before the date of the en-
actment of this subparagraph are ter-
minated, no payment shall be made 
under this title on or after the date of 
the enactment of this subparagraph 
based on such a contract, and, to the 
extent that any damages may be ap-
plicable as a result of the termination 
of such contracts, such damages shall 
be payable from the Federal Supple-
mentary Medical Insurance Trust 
Fund under section 1841; 
‘‘(II) the Secretary shall conduct 
the competition for such round in a 
manner so that it occurs in 2009 with 
respect to the same items and services 
and the same areas, except as pro-
vided in subclauses (III) and (IV); 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS
‘‘(III) the Secretary shall exclude 
Puerto Rico so that such round of 
competition covers 9, instead of 10, of 
the largest metropolitan statistical 
areas; and 
‘‘(IV) there shall be excluded 
negative 
pressure 
wound 
therapy 
items and services. 
Nothing in subclause (I) shall be construed 
to provide an independent cause of action 
or right to administrative or judicial review 
with regard to the termination provided 
under such subclause. 
‘‘(ii) ROUND 2 OF COMPETITIVE AC-
QUISITION
PROGRAM.—In 
implementing 
the second round of the competitive acqui-
sition programs under this section de-
scribed in subparagraph (B)(i)(II)— 
‘‘(I) the metropolitan statistical 
areas to be included shall be those 
metropolitan statistical areas selected 
by the Secretary for such round as of 
June 1, 2008; and 
‘‘(II) the Secretary may sub-
divide metropolitan statistical areas 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS
with populations (based upon the 
most recent data from the Census Bu-
reau) of at least 8,000,000 into sepa-
rate areas for competitive acquisition 
purposes. 
‘‘(iii) EXCLUSION OF CERTAIN AREAS 
IN SUBSEQUENT ROUNDS OF COMPETITIVE 
ACQUISITION
PROGRAMS.—In 
imple-
menting subsequent rounds of the competi-
tive acquisition programs under this sec-
tion, 
including 
under 
subparagraph 
(B)(i)(III), for competitions occurring be-
fore 2015, the Secretary shall exempt from 
the competitive acquisition program (other 
than national mail order) the following: 
‘‘(I) Rural areas. 
‘‘(II) 
Metropolitan 
statistical 
areas not selected under round 1 or 
round 2 with a population of less than 
250,000. 
‘‘(III) Areas with a low popu-
lation density within a metropolitan 
statistical area that is otherwise se-
lected, as determined for purposes of 
paragraph (3)(A). 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS
‘‘(E) VERIFICATION BY OIG.—The Inspec-
tor General of the Department of Health and 
Human Services shall, through post-award 
audit, survey, or otherwise, assess the process 
used by the Centers for Medicare & Medicaid 
Services to conduct competitive bidding and 
subsequent pricing determinations under this 
section that are the basis for pivotal bid 
amounts and single payment amounts for items 
and services in competitive bidding areas under 
rounds 1 and 2 of the competitive acquisition 
programs under this section and may continue 
to verify such calculations for subsequent 
rounds of such programs. 
‘‘(F) SUPPLIER FEEDBACK ON MISSING FI-
NANCIAL DOCUMENTATION.— 
‘‘(i) IN GENERAL.—In the case of a 
bid where one or more covered documents 
in connection with such bid have been sub-
mitted not later than the covered document 
review date specified in clause (ii), the Sec-
retary— 
‘‘(I) shall provide, by not later 
than 45 days (in the case of the first 
round of the competitive acquisition 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS
programs as described in subpara-
graph (B)(i)(I)) or 90 days (in the 
case of a subsequent round of such 
programs) after the covered document 
review date, for notice to the bidder of 
all such documents that are missing 
as of the covered document review 
date; and 
‘‘(II) may not reject the bid on 
the basis that any covered document 
is missing or has not been submitted 
on a timely basis, if all such missing 
documents identified in the notice pro-
vided to the bidder under subclause 
(I) are submitted to the Secretary not 
later than 10 business days after the 
date of such notice. 
‘‘(ii) COVERED
DOCUMENT
REVIEW 
DATE.—The covered document review date 
specified in this clause with respect to a 
competitive acquisition program is the 
later of— 
‘‘(I) the date that is 30 days be-
fore the final date specified by the 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS
Secretary for submission of bids 
under such program; or 
‘‘(II) the date that is 30 days 
after the first date specified by the 
Secretary for submission of bids 
under such program. 
‘‘(iii) LIMITATIONS
OF
PROCESS.— 
The process provided under this subpara-
graph— 
‘‘(I) applies only to the timely 
submission of covered documents; 
‘‘(II) does not apply to any deter-
mination as to the accuracy or com-
pleteness of covered documents sub-
mitted or whether such documents 
meet applicable requirements; 
‘‘(III) shall not prevent the Sec-
retary from rejecting a bid based on 
any basis not described in clause 
(i)(II); and 
‘‘(IV) shall not be construed as 
permitting a bidder to change bidding 
amounts or to make other changes in 
a bid submission. 
VerDate Aug 31 2005 
04:27 Jun 13, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6252.IH
H6252
wwoods2 on PRODPC68 with BILLS