Sol_140D0421R0025_Amd_0004.pdf

Indian Health Service

Behavioral Health Technical Consulting and Clinical Response Support Services

Solicitation #: 140D0421R0025

Question 1: Will IHS consider providing an extension to the proposal submission date? Since questions are due 2 July (Friday) at 11pm and Monday 5 July is a Holiday, this does not give enough time to send out answers to the questions and enough time for offerors to respond to the answers when proposals are due 3 days later? Recommend at least a 2-week extension.

Answer 1: Proposal response extension to July 23, 2021 at 2300 Eastern Daylight Time is approved.

Question 2: Will IHS provide the 1449 form that is referenced in the Solicitation?

Answer 2: The standard form noted on page 16 of the Solicitation is located at https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items and may be used for placing orders against the master IDIQ Contract. Submission of Standard Form 1449 with the proposal is optional.

Question 3: Reference: “Identify Key Personnel positions and proposed personnel to fill the positions.”

Question: Can IHS provide clarification on what information you are looking for here? Does IHS require resumes, just the names of proposed personnel and experience and qualifications?

Answer 3: The Indian Health Service is seeking personnel information specific to the make-up of the team for strategic planning as well as staff to deploy to tribal communities. Strategic planning personnel may or may not differ from deployed staff. A resume is not needed at this time. Proposal should outline personnel, their positions, their qualifications and experience.

The proposal should outline the Contractor’s approach to fulfilling this program and the personnel make-up of the teams. The Indian Health Service is seeking personnel information specific to the make-up of teams for strategic planning, as well as staff to deploy to tribal communities. Strategic planning personnel may or may not differ from deployed staff. The list of personnel should include consultants and technical advisors used in the development of the overall plan. The list should reflect positions, qualifications and experience. The names of personnel and resumes are not required at this time.

Question 4: Will the government provide a pricing structure/CLINs they want to be priced?

Answer 4: Page 7 of the Solicitation is specific in that the Contractor shall provide all labor, equipment, supplies, and supervision non-personnel services to perform the identified requirement. Pricing structure/CLINs will be based on the Contractor’s approach to the proposal. Pricing would include but is not limited to all labor including personnel listed (as per question number 3), equipment, travel, and supplies.

Question 5: What was the average number of behavioral health encounters and provider types needed for crisis services for the year 2019? (Below episode is defined as a single request to IHS for behavioral health response services from the tribal communities. It was noted in the RFP in Section 3.2.2, that there were four requests in 2019)

Answer 5: On average, the number of mental health crisis including suicide clusters and declared states of emergency were four per year.

Question 6: What was the shortest and longest duration of each crisis episode/event?

Answer 6: Shortest duration was 4 weeks, the longest was 5 months.

Question 7: For 2019, please provide a breakdown of the following:

Answer 7: The four requests occurring in 2019 originated in the IHS Areas of Albuquerque, Phoenix, Portland and Billings Areas. All requests focused on deployment of mental health staff in response to crisis related to suicide, resulting in consultation, resource provision and follow-up from mental health staff.

i. Total number of encounters per episode

a) By provider type

a. Albuquerque Area

i. Two mental health staff (Social Workers) from IHS HQ Division of Behavioral health staff were required for consultation on strategic planning for crisis response within the tribal community.

ii. Three consultation meetings occurred with the Tribe and other services providers.

iii. Overall total time requirement was 10 hours for entirety of consultations for strategic planning.

iv. No mental health clinical staff were deployed.

b. Phoenix Area

i. Two mental health staff (Social Workers) from IHS HQ Division of Behavioral health staff were required for consultation on strategic planning for crisis response within the tribal community.

ii. Six consultation meetings occurred with the Tribe and other services providers.

iii. Overall total time requirement was 20 hours for entirety of consultations for strategic planning.

iv. No mental health clinical staff were deployed from the HQ level. Three Area staff were deployed to augment local services. Area staff included Social Workers and Mental Health Counselors.

c. Portland Area staff were required for consultation on strategic planning for crisis response within the tribal community.

ii. Four consultation meetings occurred with the Tribe and other services providers.

iii. Overall total time requirement was 15 hours for entirety of consultations for strategic planning.

iv. No mental health clinical staff were deployed from the HQ level. Four Area staff were deployed to replace local mental health services. Area staff included Psychiatrist, Nurse Practitioner, and Social Workers.

d. Billings Area staff were required for consultation on strategic planning for crisis response within the tribal community.

ii. Eight consultation meetings occurred with the Tribe and other services providers. Six consultations were virtual, two were onsite.

iii. Overall total time requirement was 30 hours for virtual consultation for strategic planning, 20 hours for onsite consultation.

iv. Six teams of five mental health providers were deployed to replace local mental health services for HQ and two from Area. HQ staff were Psychiatric Nurse Practitioners, Psychologists, Social Workers, and Mental Health Counselors.

b) By each place of performance (IHS or tribally managed hospital)

a. Albuquerque Area

i. Tribally managed program

b. Phoenix Area

i. IHS facility

c. Portland Area

i. Tribally managed program

d. Billings Area

i. IHS facility

c) How many patients/consumers were treated per episode?

a. Albuquerque Area

i. Under 100

b. Phoenix Area

i. Under 100

c. Portland Area

i. 100 to 200

d. Billings Area

i. Over 500

d) What was the number of providers needed per episode?

a. Albuquerque Area

i. Two mental health professionals for strategic planning.

b. Phoenix Area

i. Two mental health professionals for strategic planning, three mental health professionals for service provision.

c. Portland Area

i. Two mental health professionals for strategic planning, four mental health professionals for service provision.

d. Billings Area

i. Two mental health professionals for strategic planning, thirty mental health professionals for service provision.

Question 8: For each of the four 2019 requests made for crisis response services, was there a community behavioral health impact that led to the request?

Answer 8: All four requests were related to suicide clusters.

Question 9: Was the reason for the request due to understaffing at the hospital?

Answer 9:

Albuquerque Area - Limited staffing Phoenix Area - Limited staffing Portland Area - Limited staffing Billings Area - Lack of staffing

Question 10: Based on the suicide crisis, what was the defined time period to resolve the crisis?

Answer 10:

Albuquerque Area - 2 months total Phoenix Area - 3 months total Portland Area - 2 months total Billings Area - 5 months total

Question 11: In section 3.7.17, can you please provide clarification around the required training and orientation process? Will there be a requirement to use a particular technology/platform for documentation?

Answer 11: Depending on the site, clinical documentation at an IHS facility will occur via the internal electronic health record. Training, orientation and access will be performed by IHS after completion of credentialing and privileging at the local site within a specific Area.

Question 12: For each clinical encounter, will there be a requirement to utilize the hospitals Electronic Health Record (EHR) to document clinical services? If yes, can you provide the EHR system that is used for all of the RFP defined hospitals in Attachment 4.

Answer 12: The electronic health record used is the Resource and Patient Management System (RPMS) which is an internal program specific to the IHS. Information on the system is located at https://www.ihs.gov/rpms/.

Tribal facilities may use RPMS or a commercial product like EPIC, CERNER, CARECLOUD, ATHENAHEALTH, eClinicalWorks, NextGen, etc. Tribal facilities will be responsible for access, training, credentialing and privileging.

Question 13: Are there going to be specific templates given to the contractor for the assessment(s) and/or clinical notes? If yes, is this provided through the utilization of the hospital’s designated EHR?

Answer 13: For IHS facilities, templates are maintained by the IHS and can be provided at the time of service provision. For IHS facilities, templates are provided within the electronic health record system.

Tribal programs maintain templates for their specific electronic health record.

Question 14: If the contractor is required to use the hospital EHR, will the hospital also provide the contractor with computer access and login credentials?

Answer: 14: IHS, at the local site within the specified Area, will oversee credentialing and privileging for access and login to the electronic health record system.

Question 15: In section 3.8.1, can you provide more clarification on, “In some cases, the Government may furnish property for use in the performance of a task order. Each task order will specify the government furnished property”. If required to perform the service based on this RFP, are there any situations in which IHS would not provide PPE or other equipment to be utilized for the crisis response?

Answer 15: Tribally managed programs furnish property to utilize for crisis response. All property required to perform the services of this RFP will be provided by the Government.

Question 16: What technology will be utilized for HHS/IHS records management, privacy, and information system?

Answer 16: The electronic health record used by is the Resource and Patient Management System (RPMS) which is an internal program specific to the IHS. Information on the system is located at https://www.ihs.gov/rpms/.

Question 17: In Solicitation 140D0532R0025 - Attachment 1, please provide clarification for the following: In the past, when a provider has performed crisis services in an IHS federal and tribal managed hospital setting, what has been the average time for the provider to complete the required hospital credentialling process to obtain clinical privileges?

Answer 17: Credentialing and privileging process can be as little as 16 days and up to 45 days. Expedited credentialing and privileging is at the discretion of the local facility within the specified Area.

Question 18: In Attachment 4, “IHS Federal and Tribal Managed Hospital”, please confirm there are no additional required hospitals where services will be performed by the contractor.

Answer 18: Services maybe rendered at any the identified facilities at a specified time per crisis response.

Facilities not included would be at the discretion of IHS in collaboration with the requesting Tribe in conjunction with the local facility in specified Area and may be arranged at the task order level.

Solicitation 140D0421R0025

Document Title Behavioral Health Technical Consulting and Clinical Response

Support Services

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 140D0421R0025 and this solicitation is issued as a request for proposal (RFP).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05/3-10-2021.

This requirement is for a total small business set-aside with the NAICS code 621330 (Offices of Mental Health Practitioners (except Physicians)) and small business size standard of $8,000,000.00 annually.

The line items are:

CLIN 0001 - Program Analysis, Development, and Evaluation Technical Consulting (T&M or

FFP)

CLIN 0002 – Consultation and Technical Assistance for Local Tribal Incidents (T&M or FFP)

CLIN 0003 – Program Communication and Public Information Dissemination Consulting (T&M or FFP)

CLIN 0004 – Mental Health Incident Collaborative Planning and Program Customization Consulting (T&M or FFP)

CLIN 0005 – Clinical Mental Healthcare Crisis Response Team (T&M or FFP)

A description of requirements for the items to be acquired is:

Behavioral Health Technical Consulting and Clinical Response Support Services

Date(s) and place(s) of delivery and acceptance and FOB point: TBD

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.

The provision at 52.212-2, Evaluation-Commercial Items, applies to this solicitation and the specific evaluation criteria are included in paragraph (a) of that provision.

Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

Document Title Behavioral Health Technical Consulting and Clinical Response

Support Services

The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

Offers are due to shelly_glenn@ibc.doi.gov by electronic mail July 23, 2021 at 11:00 PM Eastern Daylight Time.

Contact Shelly Glenn at shelly_glenn@ibc.doi.gov for information regarding this solicitation.

Please use Yvonne Edwards at yvonne_m_edwards@ibc.doi.gov as a backup point of contact for this solicitation.

The contract period duration will be five (5) years.

There are no sustainable acquisition requirements.

The anticipated award date is 09/17/2021.

All responsible Small Businesses may submit a bid, proposal, or quotation which shall be considered by the agency.

This Solicitation will be made available electronically to interested parties through Sam.Gov.

Document Title Behavioral Health Technical Consulting and Clinical Response

Support Services

TABLE OF CONTENTS

COMBINED SYNOPSIS/SOLICITATION

SECTION 1 – SUPPLIES OR SERVICES AND PRICES

1.1 GENERAL PROVISIONS

1.2 CONTRACT LINE ITEM (CLIN) DESCRIPTION

1.3 CONTRACT CEILING AND MINIMUM ORDERS (Reference FAR 52.216-19)

1.4 LABOR

SECTION 2 - CONTRACT CLAUSES

2.1 CLAUSES INCORPORATED BY REFERENCE

2.2 CLAUSES INCORPORATED BY FULL TEXT

SECTION 3 – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

3.1 DESCRIPTIONS/SPECIFICATIONS/ STATEMENT OF OBJECTIVES

3.2 BACKGROUND AND MISSION

3.3 PURPOSE

3.4 SCOPE

3.5 TASK OBJECTIVES

3.5.1 OBJECTIVE 1: BEHAVIORIAL HEALTH CRISIS RESPONSE PLAN

DEVELOPMENT

3.5.2 OJBECTIVE 2: LOCAL COLLABORATIVE PLANNING TEAM

3.5.3 OBJECTIVE 3: PUBLIC INFORMATION AND WARNING SERVICES

3.5.4 OJBECTIVE 4: CONSULTATION AND TECHNICAL ASSISTANCE SERVICES

3.5.5 OBJECTIVE 5: BEHAVIORAL HEALTH CRISIS RESPONSE TEAM

3.6 OTHER REQUIREMENTS

3.7 GENERAL INFORMATION

3.7.1 PLACES OF PERFORMANCE

3.7.2 PERIOD OF PERFORMANCE

3.7.3 HOURS OF WORK

3.7.4 PRODUCTIVE DIRECT LABOR HOURS

3.7.5 OVERTIME

3.7.6 INSTALLATION CLOSURES

3.7.7 PERSONNEL ADMINISTRATION/STAFFING

3.7.8 PERSONNEL

3.7.11 STANDARDS OF CONDUCT

3.7.12 APPEARANCE OF PERSONNEL

Document Title Behavioral Health Technical Consulting and Clinical Response

3.7.13 REMOVAL OF PERSONNEL

3.7.14 EMPLOYMENT AND STAFFING DIFFICULTIES

3.7.15 CONTRACTOR PERSONNEL, DISCIPLINE, AND SPECIALTIES

3.7.16 CONTRACTOR INTERFACES

3.7.17 CONTRACTOR EMPLOYEE TRAINING

3.8 GOVERNMENT FURNISHED INFORMATION, PROPERTY, AND SERVICES

3.8.1 GOVERNMENT FURNISHED PROPERTY (GFP)

3.8.2 GOVERNMENT FURNISHED INFORMATION (GFI)

3.9 CONTRACTOR FURNISHED PROPERTY

3.10 QUALITY CONTROL PROGRAM

3.11 SECURITY

3.12 INFORMATION SECURITY

3.13 CONFIDENTIALITY

3.14 OTHER DIRECT COSTS (ODCS) – NON-TRAVEL

3.15 TRAVEL

3.16 DELIVERABLES

3.17 DEFINITIONS, ACRONYMS, AND REFERENCE DOCUMENTS

3.17.1 DEFINITIONS

3.17.2 ACRONYMS

3.17.3 REFERENCE DOCUMENTS

SECTION 4: ADMINISTRATIVE

4.1 PACKAGING AND MARKING

4.1.1 MARKING

4.1.2 PACKAGING

4.2 INSPECTION AND ACCEPTANCE

4.2.1 ACCEPTANCE OF SERVICE

4.3 DELIVERIES OR PERFORMANCE

4.3.1 NOTICE REGARDING LATE DELIVERY

4.3.2 PERIOD OF PERFORMANCE

4.3.3 DELIVERABLES AND REPORTS

4.4 CONTRACT ADMINISTRATION DATA

4.4.1 POST AWARD CONFERENCE

4.4.2 GOVERNMENT CONTRACT ADMINISTRATION

4.4.2.1 PROGRAM MANAGER

4.4.2.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

Document Title Behavioral Health Technical Consulting and Clinical Response

4.4.2.3 GOVERNMENT CONTRACT ADMINISTRATOR

4.4.3 CONTRACTOR CONTRACT ADMINISTRATOR

4.5 CONTRACT AUTHORITY

4.5.1 CONTRACTING OFFICER’S AUTHORITY

4.5.2 CONTRACTOR’S AUTHORITY

4.5.3 SUBMISSION OF INVOICES

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS -

INVOICE PROCESSING PLATFORM (IPP) V3 (SEP 2017)

4.6 PAYMENT

4.7 IN-PROGRESS REVIEW (IPR)

4.8 ORDERING

4.9 ORDERING PROCEDURES

4.10 TASK ORDER ADMINSTRATION

4.11 CONTRACT REQUIREMENTS

4.11.1 GOVERNMENT FURNISHED PROPERTY / EQUIPMENT

4.11.2 RESPONSIBILITY FOR GOVERNMENT FURNISHED INFORMATION

4.11.3 CORPORATE CHANGES

4.11.4 NON-DISCLOSURE OF SENSITIVE, PROPRIETARY OR SOURCE SELECTION

INFORMATION

4.11.5 CHANGES TO LABOR CATEGORY

4.11.6 AWARD MADE ON BEHALF OF IHS

4.11.7 CONTRACTOR FACILITIES

4.11.8 KEY PERSONNEL

4.11.9 TRAVEL AND PER DIEM

4.11.10 ACQUISITION OF EQUIPMENT AND SUPPLIES

4.11.11 FEDERAL HOLIDAYS

4.11.12 DENIAL OF ENTRY

4.11.13 ORGANIZATIONAL CONFLICT OF INTEREST

4.11.14 DISCLOSURE OF INFORMATION

4.11.15 DOI-AAAP-0050, v2 – USING AND REPORTING CONTRACTOR PERFORMANCE

INFORMATION

4.12 LIST OF ATTACHMENTS

SECTION 5 – SOLICITATION PROVISIONS

4.1 PROVISIONS INCORPORATED BY REFERENCE

4.2 PROVISIONS INCORPORATED BY FULL TEXT

5.3 INSTRUCTIONS TO OFFERORS

Document Title Behavioral Health Technical Consulting and Clinical Response

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020)

5.4 ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

5.5 PROPOSAL SUBMITTALS

5.6 REQUEST FOR INFORMATION

5.7 GENERAL INSTRUCTIONS

5.8 IDIQ PROPOSAL PREPARATION INSTRUCTIONS

5.8.6 TASK ORDER 1 PROPOSAL PREPARATION INSTRUCTIONS

5.9 52.212-2 -- EVALUATION – COMMERCIAL ITEMS (OCT 2014)

5.10 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

5.10.1 IDIQ TECHNICAL ACCEPTABILITY

5.10.2 IDIQ PAST PERFORMANCE

5.10.3 IDIQ PRICE/COST

5.10.4 TASK ORDER 1 TECHNICAL ACCEPTABILITY

5.10.5 TASK ORDER 1 PRICE/COST

Document Title Behavioral Health Technical Consulting and Clinical Response

SECTION 1 – SUPPLIES OR SERVICES AND PRICES

1.1 GENERAL PROVISIONS

This is an Indefinite-Delivery/Indefinite Quantity (IDIQ) contract. All services will be ordered through the issuance of Time and Materials (T&M) and/or Firm-Fixed Price (FFP) Task Orders. Task Orders will be issued by a Contracting Officer (CO) with the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD).

The Task Order Statement of Objectives (SOO) services required shall be provided in accordance with the requirements specified in Section C. All work shall be performed in accordance with the descriptions and specifications detailed in the Task Orders, as well as in accordance with this IDIQ contract. The Contractor shall not begin performance prior to the issuance of a Task Order.

Overall Contract Ceiling: $7,000,000.00.

1.2 CONTRACT LINE ITEM (CLIN) DESCRIPTION

CLIN 0001 - Program Analysis, Development, and Evaluation Technical Consulting (T&M or FFP) The Contractor shall provide all labor, equipment, supplies, and supervision non-personal services to perform Program Analysis, Development, and Evaluation with ongoing improvement and updating is for technical consulting support on a Time-and-Material (T&M) or Firm Fixed Price (FFP) basis. These non-personal services will be accomplished in accordance with the Statement of Objectives in Section C.1.

Ordering Period: Contract Start Date plus five (5) years.

CLIN 0002 – Consultation and Technical Assistance for Local Tribal Incidents (T&M or FFP) The Contractor shall provide all labor, equipment, supplies, and supervision non-personal services to perform technical consulting for mental health incidents as requested by local Tribal units and granted by IHS on a Time-and-Material (T&M) or Firm Fixed Price (FFP) basis. These non-personal services will be accomplished in accordance with the Statement of Objectives in Section C.1.

Ordering Period: Contract Start Date plus five (5) years.

CLIN 0003 – Program Communication and Public Information Dissemination Consulting (T&M or

FFP)

The Contractor shall provide all labor, equipment, supplies, and supervision non-personal services to perform technical consulting for program communication and public information dissemination on a Time-and-Material (T&M) or Firm Fixed Price (FFP) basis. These non-personal services will be accomplished in accordance with the Statement of Objectives in Section C.1.

Ordering Period: Contract Start Date plus five (5) years.

CLIN 0004 – Mental Health Incident Collaborative Planning and Program Customization Consulting (T&M or FFP)

The Contractor shall provide all labor, equipment, supplies, and supervision non-personal services to perform technical consulting for mental health crisis response planning and program customization on a

Document Title Behavioral Health Technical Consulting and Clinical Response

Time-and-Material (T&M) or Firm Fixed Price (FFP) basis. These non-personal services will be accomplished in accordance with the Statement of Objectives in Section C.1.

Ordering Period: Contract Start Date plus five (5) years.

CLIN 0005 – Clinical Mental Healthcare Crisis Response Team (T&M or FFP) The Contractor shall provide all labor, equipment, supplies, and supervision to clinical mental healthcare crisis response on a Time-and-Material (T&M) or Firm Fixed Price (FFP) basis. These non-personal services will be accomplished in accordance with the Statement of Objectives in Section C.1.

Ordering Period: Contract Start Date plus five (5) years.

1.3 CONTRACT CEILING AND MINIMUM ORDERS (Reference FAR 52.216-19)

1.3.1 CONTRACT CEILING: The maximum estimated value of the contract shall not exceed $7 million over the life of the IDIQ. The contract ceiling is the government’s most optimistic scenario with respect to monetary appropriations, future requirements, and work currently being accomplished by IHS employees and contractors.

1.3.2 GUARANTEED MINIMUM: The minimum guaranteed order is one or more Task Orders with a combined total of $100,000.00 over the life of the contract. The Government guarantees this amount over the entire IDIQ and life of the contract period. No separate guarantee exists for each CLIN.

1.3.3 MAXIMUM ORDER: The maximum Task Order limitation is $7 million, excluding subsequent modifications. The Contractor is not obligated to honor:

Any single Task Order less than $2,500.00.

Any single Task Order in excess of $7 million.

A series of orders totaling more than $7 million.

1.4 LABOR

The Service Contract Labor Standards statute applies to this contract. The Contractor, regardless of the rate proposed for billing and payment purposes, is required by the statute to pay non-exempt employees at least the applicable wage determination rate for the specific area(s), if a specific determination(s) exists.

The Department of Labor Service Contract Act (SCA) Directory of Occupations can be located at https://sam.gov/content/wage-determinations. The site includes descriptions of the SCA categories.

Document Title Behavioral Health Technical Consulting and Clinical Response

SECTION 2 - CONTRACT CLAUSES

2.1 CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the 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.

Clause Clause Title 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-15 Stop Work Order (Aug 1989) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012)

(End of Clause)

2.2 CLAUSES INCORPORATED BY FULL TEXT

52.204-21 -- Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Document Title Behavioral Health Technical Consulting and Clinical Response

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

Document Title Behavioral Health Technical Consulting and Clinical Response

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.212-4 -- Contract Terms and Conditions-Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

Document Title Behavioral Health Technical Consulting and Clinical Response

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Document Title Behavioral Health Technical Consulting and Clinical Response

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

Document Title Behavioral Health Technical Consulting and Clinical Response

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and

Document Title Behavioral Health Technical Consulting and Clinical Response subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

Document Title Behavioral Health Technical Consulting and Clinical Response

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

Alternate I (Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

Document Title Behavioral Health Technical Consulting and Clinical Response

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

Document Title Behavioral Health Technical Consulting and Clinical Response

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection…