1. 75H70521R00003, Nursing Services WEHC.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

Ogema MN 56569 40520 County Hwy 34 Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

561320

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR235

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/04/2021 1600 CT

12/21/2020

JENNIFER RICHARDSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70521R00003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Bemidji MN 56601 2225 Cooperative Ct NW, Rm 200

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$30.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Indian Health Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

To provide up to RN/LPN nursing services for White Earth Health Center (WEHC)IAW terms and conditions included

Period of Performance:

Base period Plus (4) Option periods

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

WILLIAM F. FISHER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

X X

X 1

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

THIS PAGE INTENTIONALLY LEFT BLANK

75H70521R00003 Nursing Services - WEHC

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION BLOCK

B.1. CONTRACT ADMINISTRATION DATA 5

B.2 INVOICES 6

B.3 PAYMENT 6

B.4 PLACE OF PERFORMANCE 6

B.5 PERIOD OF PERFORMANCE 7

B.6 SCHEDULE OF PRICES/COSTS 7

B.7 PERFORMANCE WORK STATEMENT 9

B.8 PERSONNEL QUALIFICATION REQUIREMENT 12

B.9 COMPLIANCE 12

B.10 CONTRACTING OFFICER REPRESENTATIVE (COR) 13

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE 14

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS 14

C.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY 18

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT 18

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR 19

C.6 52.216-18 ORDERING 19

C.7 52.216-19 ORDER LIMITATIONS 19

C.8 52.216-21 REQUIREMENTS 20

C.9 52.222-41 -- SERVICE CONTRACT LABOR STANDARDS 20

C.10 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR CHAPTER 3) CLAUSES 20

C.11 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACCT 20

C.12 352.239-75 KEY PERSONNEL 21

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE DOCUMENTS 22

D.2 DEFINITIONS 22

D.3 BACKGROUND INVESTIGATION 23

D.4 SECURITY NOTICE 23

D.5 WAGE DETERMINATION

D.6 BUSINESS ASSOCIATES AGREEMENT

D.7. IHS SECURITY AGREEMENT SUMMARY

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS 25

E.2 52.212-2 EVALUATION--COMMERCIAL ITEMS 27

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS 28

E.4 52.216-1 TYPE OF CONTRACT 44

E.5 52.233-2 SERVICE OF PROTEST 44

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT ADMINISTRATION DATA

Contract Administration: All contract administration matters will be handled by the following individuals:

CONTRACTOR NAME AND ADDRESS:

TAX ID#_______________________

DUNS #________________________

GSA #_________________________

Phone_________________________

E-Mail ________________________

Person responsible for Contractor Performance Assessment Reporting System (CPARS), reporting if different from above:

Name: _________________________________

Title: _________________________________

Email: _________________________________

CONTRACTOR REGISTRATION: All required information must be in the System for Award Management (SAM) at www.sam.gov.

GOVERNMENT:

Jennifer Richardson Indian Health Service 2225 Boring Ct NW Bemidji, MN 56601

Jennifer.Richardson@IHS.gov

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is 561320 with a small business size standard of $30.0.

CONTRACT TYPE: Indefinite Delivery Contract, Indefinite Delivery-Indefinite Quantity

B.2 INVOICES: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of services or receipt of a proper invoice, whichever is later.

INVOICE INSTRUCTIONS:

Contractor shall provide all invoices to –

Indian Health Service Attn: Jennifer Richardson Contract Administrator 2225 Boring Ct NW Bemidji, MN 56601

BEM_AOInvoices@ihs.gov

At a minimum, a properly prepared invoice shall include:

1) Name and address of the Contractor.

2) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

3) IHS Contract No: TBD Task Order: TBD

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8) Contractor Taxpayer Identification Number (TIN).

9) Contractor Dun & Bradstreet Number (DUNS).

Improperly prepared invoices or statements shall be returned to the contractor and may delay payment.

B.3 PAYMENT

a) The IHS Bemidji Division of Finance is designated for payment processing. Payment shall be made by electronic funds transfer (EFT). Payment shall be made in arrears.

b) The Contractor’s rate identified for services described herein is considered as an all-inclusive rate. All-inclusive is defined to include but is not limited to services, travel, lodging, liability insurance, fringe benefits, federal, state and local taxes, and all other costs pertinent to the performance of this contract.

B.4 PLACE OF PERFORMANCE: White Earth Health Center and its Pine Point and Naytahwaush satellite clinics.

Indian Health Service White Earth Health Center

40520 CO HWY 34

Ogema, MN. 56569

B.5 PERIOD OF PERFORMANCE:

Government anticipates a Base plus 4 option years, funded individual task orders will be issued

FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE.

It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: amount normally prevailing within the local community for the medical specialty concerned.

B.6 SCHEDULE OF PRICE /COSTS

The quantities in the Schedule are for pricing purposes and basis for evaluation for award and do not represent what the Government will order. The Government is using the Indefinite-Delivery, Indefinite Quantity type contract because exact quantities cannot be pre-determined. The Government will issue orders in accordance with the Ordering and Requirements Clauses as needs arise and the contractor will be reimbursed for exact quantities performed at the prices quoted. The Government will Order during the life of this contract a minimum of $10,000 and a maximum of $500,000.

a. BASE YEAR PRICING:

ITEM

NO.

TYPE OF SERVICE EST. UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Registered Nurse (RN) 2080 Hrs.

2. Registered Nurse (RN) 2080 Hrs.

3. Licensed Practical Nurse (LPN) 2080 Hrs.

4. Licensed Practical Nurse (LPN) 2080 Hrs.

BASE YEAR GRAND TOTAL

b. OPTION YEAR 1:

NO.

TYPE OF SERVICE EST. UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Registered Nurse (RN) 2080 Hrs.

2. Registered Nurse (RN) 2080 Hrs.

3. Licensed Practical Nurse (LPN) 2080 Hrs.

OPTION YEAR 1 GRAND TOTAL

c. OPTION YEAR 2

NO.

TYPE OF SERVICE EST. UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Registered Nurse (RN) 2080 Hrs.

2. Registered Nurse (RN) 2080 Hrs.

3. Licensed Practical Nurse (LPN) 2080 Hrs.

OPTION YEAR 2 YEAR GRAND TOTAL

d. OPTION YEAR 3

NO.

TYPE OF SERVICE EST. UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Registered Nurse (RN) 2080 Hrs.

2. Registered Nurse (RN) 2080 Hrs.

3. Licensed Practical Nurse (LPN) 2080 Hrs.

OPTION YEAR 3 GRAND TOTAL

e. OPTION YEAR 4

NO.

TYPE OF SERVICE EST. UNIT OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

1. Registered Nurse (RN) 2080 Hrs.

2. Registered Nurse (RN) 2080 Hrs.

3. Licensed Practical Nurse (LPN) 2080 Hrs.

OPTION YEAR 4 GRAND TOTAL

Minimum Order: $10,000 Maximum Order: $500,000

a. BASE YEAR: $_____________________

b. OPTION YEAR 1: $_____________________

c. OPTION YEAR 2: $_____________________

d. OPTION YEAR 3: $_____________________

e. OPTION YEAR 4: $_____________________

GRAND TOTAL: $_____________________

PURPOSE OF CONTRACT:

The Bemidji Area Indian Health Service (BAIHS) depends on contracting outside resources with a wide range of expertise in order to provide services not readily available within IHS. This firm-fixed IDIQ unit priced contract will provide Nursing Services for the Bemidji Area Indian Health Services.

B.7 PERFORMANCE WORK STATEMENT:

REGISTERED NURSE/LICENSED PRACTICAL NURSE

WHITE EARTH SERVICE UNIT

OGEMA, MN 56509

PURPOSE OF CONTRACT:

The mission of the White Earth Service Unit in Ogema, MN is to deliver quality care in order to attain positive health outcomes for all our valued patients with emphasis on cultural sensitivity and human dignity.

To meet the mission, the White Earth Service Unit requires up to (4) nurses to include any combination of trained Clinical Nurses (RN) &/or Practical Nurses (LPN) to support and assist in temporary duties assigned at the White Earth Health Center and its Pine Point and Naytahwaush satellite clinics.

Individuals providing services under contract, which involve regular contact with, or control over, Indian children, are subject to a character investigation in accordance with “Indian child protection and family violence prevention act” P.L. 101-630. The Indian health service personnel office will conduct these investigations following award of a contract unless in the judgment of the contracting officer, in consultation with the personnel officer, investigation may be waived based on prior investigations on file. Until the Character Investigation has been completed and the contracting officer notified, such individual should not have unsupervised contact with Indian children.

The contracting officer has the authority to temporarily waive the character investigation of a contractor.

The “Agreement to a Temporary Waiver of Character Investigation” authorizes an agency to hire a contractor prior to the completion of a background check provided that at all times the contractor is within the sight and under the supervision of a government employee who has successfully completed the national agency check with written inquiries (NACI)

The need for services is expected to remain constant during the term of the contract period. Therefore, the contractor shall maintain the continuity of services to the maximum extent possible.

Contract resulting from this solicitation shall:

(A) Be a fixed-price IDIQ health care services contract under which the contractor is subject to supervision and direction of a designated government officer.

(B) Allow the government to evaluate the quality of professional and administrative services provided, but retain no control over the medical, professional aspects of the services rendered (e.g. Professional judgments, diagnosis for specific medical treatments);

(C) Require the contractor to ensure that its subcontracts for provision of health care services contain the requirements of the clause a far 52.237-7 (section i-4), including the maintenance of medical liability insurance.

CONTRACTOR FURNISHED PROPERTY

The Indian Health Service does not anticipate a need for contractor furnished equipment.

GOVERNMENT FURNISHED PROPERTY, FACILITIES, AND SERVICES

The government will provide supportive pharmacy, scheduling and secretarial services

The Contract RN/LPN will be authorized to use all areas of the treatment facility available to civil health providers and commissioned personnel in similar positions. The same restrictions apply to the contract health provider and any other Indian Health Service personnel to use areas for official business activities only.

Each RN/LPN shall be provided with an orientation to the service unit and the Indian community being served. Clinical personnel shall provide the orientation.

The clinic shall provide Code of Ethics to Contract RN/LPN’s.

The clinic shall provide all equipment and medical supplies deemed necessary to provide medical care at the clinic with the exception of those items to be supplied by the contractor as listed.

The clinic shall provide all required blank government forms applicable to the Indian Health Service. Clinical personnel will also provide appropriate orientation to the necessity of such forms.

The clinic shall provide an ongoing method of monitoring and evaluation of the quality of services performed before the level of performance becomes unacceptable. Contractor will be under the direct supervision of Director of Nursing or Assistant Director of Nursing, or as otherwise designated representative.

Safety Hazards: Services under this contract shall occur in a healthcare facility therefore, the Contractor can be expected to come in contact with potentially infectious materials, infectious individuals, handling chemicals, among other hazards.

The Contractor shall be responsible for providing their personnel with adequate training for all potential hazards that their personnel may encounter while performing services in a healthcare setting to ensure safety.

Personal Protective Equipment: The Contractor staff shall utilize PPE as appropriate in a healthcare setting and as required by IHS policy, OSHA, and other regulating bodies. The Contractor shall ensure that assigned staff have been trained on proper use of PPE to ensure staff know when it is necessary; what kind is necessary; how to properly put it on, adjust, and take it off; limitations of equipment; proper care, maintenance, useful life, and disposal of equipment.

What is expected: This position is expected to screen up to 30 patients per eight-hour work day. The nursing department will provide support services for scheduling, mailing of appointments, and secretarial support. Medication will be dispensed at the White Earth Health Center by pharmacy staff.

The Contracting Officer Representative (COR) with input from the Director of Nursing or the Assistant Director of Nursing will conduct the evaluations on the contractor’s performance. The contractor shall advise the COR of any problem(s) encountered, or which may be encountered, in connection with meeting the needs of patients served by the medical dept. The contractor shall report continuing problems of any nature to the I.H.S. Project Office Officer or COR.

Food and Lodging: The contractor is responsible for own food and lodging. This facility does not provide or have available Government quarters for use. Contractor provider shall plan accordingly

RESPONSIBILITIES:

The Contract RN/LPN shall provide emergency and routine general medical services for eligible patients (children, adults and elderly) at the White Earth Health Center. The COR will monitor activities.

Specific Nurse Services shall include, and are limited to the following as allowed by the contractor’s license:

Nursing Process

Provides a high standard of nursing services in accordance with sound professional nursing principles and the ability to adapt services insuring basic and special needs of the patients using nursing process.

Systematically assesses patient care needs through analysis of data gained through interviews with patient and/or family, objective findings review of health record and consultation with physician and other staff members.

Constantly reassesses needs based on patients' response to medical and nursing regimes.

Recognizes the difference between the dependent and independent nursing activities and practices accordingly.

Carries out nursing and medical plans as delegated and utilizes critical thinking in setting priorities.

Initiates appropriate follow up action to ensure continuity of care.

Provides comprehensive nursing care that is appropriate, safe and timely.

Administers therapeutic measures as prescribed by the physician such as medications, immunizations, treatments, intravenous fluids, naso-gastric suction, Irrigations, etc.

Sets up, operates and monitors specialized equipment and evaluates results.

Provides appropriate nursing intervention in all phases of care including initiating appropriate emergency measures providing emergency situations.

Evaluates nursing care based on established standards and criteria and participates in quality assurance activities such as nursing audits, infection control, and nursing care conferences.

Provides age appropriate nursing care for neonates, infants, children, adolescents, adults and geriatrics.

Communication

Receives assignments daily from the supervisor or lead nurse.

Communicates appropriate information to members of the health care team verbally and in writing in a professional and timely manner via written care plans, nursing services reports, patient records, assignment sheets and participating in physician rounds, patient care conferences and staff meetings.

Accurately documents observations, nursing interventions, therapeutic measures administered and status of coordinated activities between nursing and the multidisciplinary team utilizing the problem oriented format.

Recording may be either electronic or paper depending on the site and the level of EHR implementation.

Maintains confidentiality of health care Information from the health record.

Participates in patient care conferences with other staff in a tactful, courteous and professional manner.

QUALIFICATIONS:

1. Unencumbered nursing license from within the United States

2. Hold and Maintain BLS

HOURS OF OPERATION:

The Contracting RN/LPN will provide service at the White Earth Health Center, Ogema, MN, or its satellites (Naytahwaush or Pine Point). Duty hours are eight (8) hours per day between the hours of 8:00 am to 6:30 pm Monday through Friday with a ½ hour lunch break. Contractor shall work approximately 5 days a week to be scheduled by Director of Nursing, the Assistant Director of Nursing or designee. The Director of Nursing, the Assistant Director of Nursing or designated representative may extend day schedule if work requires. Overtime hours are only to be used when absolutely necessary and approved by the project officer.

Scheduled days will exclude recognized federal holidays;

Columbus Day Veterans Day Thanksgiving Day Christmas Day New Years Day

M.L. King Day Presidents’ Day Memorial Day Independence Day Labor Day

REPORTING REQUIREMENTS:

A detailed weekly invoice must be submitted to the COR with proper signature authority no later than 12:00 pm on Monday of the following workweek completed. Contractor will maintain a log of invoices and balance of remaining contract dollars.

The COR shall monitor the Contracted Nurse(s) technical/post progress.

The government reserves the right to accept or reject services if the level of work is unsatisfactory.

This will be a firm fixed unit price contract. The "Unit Price" is an all-inclusive cost. All "inclusive cost" is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this contract. “Unit Price” covers hours worked, payment will not be made for minimum hours, holidays or clinic closures.

B.8 PERSONNEL QUALIFICATION REQUIREMENTS:

a. Knowledge of rules, operations and business practices of the Indian Health Service As described in the Third Party Revenue Accounts Management and Internal Controls in the Indian Health Manual Part 5-Management Services, Chapter 1.

b. Adherence to IHS and HIPAA regulations and Computer Security.

c. Knowledge of medical terminology, anatomy and physiology, clinical medicine, diagnostic test, pharmacology and the various medical specialties as required in areas of responsibility.

d. Ability to use designated reference materials. To include Official ICD-10 Hospital Outpatient Coding Guidelines, CPT, E&M and HCPCS Coding.

e. Knowledge of the Resource Patient Management System (RPMS) Data Entry System, IHS Third Party Billing package and IHS Accounts Receivable package and IHS Electronic Health Record.

f. Will keep current to include training with RPMS packages and patches.

g. The contractor must have at least three (3) years of experience working with health care facilities in developing revenue enhancement initiatives. Must have three years or more of experience in coding (ICD-10, HCPCS and CPT 4). Must have knowledge of a compliance program and requirements.

B.9 COMPLIANCE WITH IHS RULES AND REGULATIONS

The contractor will abide by all IHS Rules and Regulations as required. Contractors will complete the annual Computer Security Awareness Training and provide a copy of the certificate to the Project Officer. Indian Health Service Business Partner Interconnection Security Agreement is required to be signed and approved by IHS Security POC and Contractor Security POC. https://www.ihs.gov/issa/ Computer Security Awareness Training Indian Health Service Business Partner Interconnection Security agreement is attached for review.

FEDERAL TORT CLAIMS LIABILITY

Federal Tort Claims Act (FTCA) coverage for medical related claims is extended to a non-personal service contractors only when an incident of negligence is alleged to have occurred during the delivery of services by a contracted health care provider in a facility owned, operated, or constructed under the administrative jurisdiction of the Indian Health Service.

https://www.ihs.gov/riskmanagement/ftca/ https://www.ihs.gov/riskmanagement/resources/memo01/

B.10 CONTRACTING OFFICER REPRESENTATIVE (COR) TBD.

The role of program and technical personnel in monitoring the contract is to assist and advise the Contracting Officer, and act as the COR when so designated by the Contracting Officer. The COR does not have the authority to change or alter the order amount, terms and conditions.

COR activities include—

1. Providing technical monitoring during contract performance and advising the Contracting Officer relating to delivery, acceptance, or rejection of deliverables in accordance with the terms of the contract;

2. Assessing contractor performance;

3. Recommending necessary changes to the schedule of work and period of performance to accomplish the objectives of the contract (The COR shall provide the Contracting Officer a written request along with an appropriate justification and a funding document, if additional funds are needed.);

4. Reviewing invoices/vouchers and recommending approval/disapproval by the Contracting Officer, including providing comments regarding anything unusual discovered in the review;

5. Reviewing and recommending approval or disapproval of technical submissions, subcontractors, overtime, travel, and key personnel changes;

6. Assisting the Contractor in the resolution of technical problems encountered during performance; and

7. Participating, as necessary, in various phases of the contract closeout process;

8. Provide receiving authorization within two days of services/items received or invoiced

POINTS OF CONTACT: TBD

SECTION C - CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

This contract incorporates one or more clauses by reference, with same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov.

52.202-1 Definitions 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel.

52.212-4 Contract Terms and Conditions—Commercial Items.

52.224-1 Privacy Act Notification 52.224-2 Privacy Act 52.217-8 Option to Extend Services 52.232-18 Availability of Funds.

52.216-18 Ordering 52.216-19 Order limitations 52.216-21 Requirements 52.216-24 Limitation of Government Liability

C.2 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS COMMERCIAL ITEMS (Jul 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C.

657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C.

3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY.

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the award amount in dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is for services or supplies received and accepted in dollars.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _60_ (months).

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR.

Funds are not presently available for performance under this contract beyond __TBD__. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond __TBD__, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.6 52.216-18 ORDERING:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from: __TBD__ through

___TBD___.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

C.7 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 4 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.8 52.216-21 REQUIREMENTS:

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not…