15-249-SOL-00026_Rheumatology_Services.docx

15-249-SOL-00026

On-site Rheumatology Clinic Services

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE OF CONTRACT:

The Tucson Area Indian Health Service (TAIHS) depends on contracting outside resources with a wide range of expertise in order to provide services not readily available within IHS. This firm-fixed unit priced contract will provide on-site Rheumatology clinic services for those IHS patients who present themselves for healthcare at one of the following IHS or Tohono O’odham Nation (Attachment I) facilities:

a) San Xavier Health Center (SXHC): located in Tucson, Arizona.

b) Sells Service Unit – Sells Indian Hospital (SSU): located in Sells, Arizona (60 miles west of Tucson).

This contract shall be for non-personal health care services, as defined in FAR 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative provided, but retains no control over the medical, professional aspects of services rendered (e.g. professional judgements, diagnosis for specific medical treatment). The Contractor shall indemnify the Government for any liability producing act or mission by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, in a coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing with the local community for the medical specialty concerned.

The Contractor is required to ensure that its subcontracts for provision of health care, contain the requirements of FAR clause 52.237-7, Indemnification and Medical Liability Insurance (JAN 1997), including the maintenance of medical liability insurance.

B.2 SCHEDULE OF FEES:

Unit prices are inclusive of all necessary personnel, transportation and supplies as required, except as provided by the Government to provide Rheumatology clinic services.

a) BASE PERIOD: OCTOBER 01, 2015 – SEPTEMBER 30, 2016

LOCATION

QUANTITY

DESCRIPTION

UNIT PRICE

TOTAL

b) OPTION YEAR I: OCTOBER 01, 2016 – SEPTEMBER 30, 2017

LOCATION

QUANTITY

DESCRIPTION

UNIT PRICE

TOTAL

c) OPTION YEAR II: OCTOBER 01, 2017 – SEPTEMBER 30, 2018

QUANTITY

DESCRIPTION

UNIT PRICE

TOTAL

d) OPTION YEAR III: OCTOBER 01, 2018 – SEPTEMBER 30, 2019

QUANTITY

DESCRIPTION

UNIT PRICE

TOTAL

e) OPTION YEAR IV: OCTOBER 01, 2019 – SEPTEMBER 30, 2020

QUANTITY

DESCRIPTION

UNIT PRICE

TOTAL

GRAND TOTAL $________________________

SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 STATEMENT OF WORK:

a) The Contractor shall provide all necessary diagnostic, therapeutic and consultative Rheumatology services required by Indian beneficiaries of the Tucson Area Indian Health Service (TAIHS). These services shall be provided through clinics held on-site at the IHS facilities located in Tucson, Arizona and Sells, Arizona.

b) Each Rheumatology clinic shall be held Monday – Friday, eight (8) hours in length beginning at 8:30 am and ending at 5:00 pm with one-half hour for lunch. Clinics shall be held once a month at the following locations: San Xavier Health Center, located in Tucson, Arizona and Sells Indian Hospital, located in Sells, Arizona (60 miles west of Tucson). The actual day the clinic will be performed shall be mutually agreed upon between the Contractor and the Contracting Officer’s Representative (COR).

c) The TAIHS shall provide the Contractor with space, equipment, supplies and IHS forms to perform the clinics. The Contractor shall provide all medically necessary resources (supplies, transportation and personnel) as required, except as provided by the IHS to perform the clinics. The Contractor may provide additional staff to assist in the performance of the clinic, when necessary, at no additional cost to the IHS.

d) The patients, who are deemed eligible for IHS direct care services shall be referred to the clinics by IHS medical staff by appointments made through the IHS facility appointment system. The maximum number of patients scheduled for a clinic shall not exceed forty-five (45).

e) The Contractor shall be available for Rheumatology consultation with members of the IHS Medical Staff, either by telephone or while present at one of the IHS facilities.

f) The Contractor shall report significant findings that they are unable to perform to the Sells Service Unit Clinical Director or designee.

g) The Government shall grant access to the Electronic Health Record (EHR) for each patient scheduled for service. The Contractor shall record in each patient’s HER record the clinical findings of each patient visit, the provisional or confirmed diagnosis, services and treatment provided, disposition of the patient, and instructions given to the patient and/or family. The documentation must be complete at the conclusion of the visit and meet the requirements of IHS Medical Records and Medical Staff Policies and Procedures (which are available upon request) and of accreditation standards of the Joint Commission and the Centers for Medicare and Medicaid Services (CMS).

In order to have access to the EHR, the contractor/and or assistant will be provided an IHSD1 account in order to access the computer system. Each contractor will be required to complete computer security training and sign a “Rules of Behavior Form” which is available on-line. A username and password will be given to each contractor and assistant. Contractor and assistant will be required to attend EHR training which is provided on-site by the Government. Upon completion, contractor and assistant with EHR access will be initiated by the Government and will be give an access code and password in order to document medical information using EHR.

C.2 CLINICAL REPORTING AND SPECIAL COMMUNICATIONS:

a) Disclosure of Clinical Information - Where the IHS is carrying out its duties with respect to conservation of the health of Native American’s and Alaskan Native patients; the relationship of the service to the IHS Patient shall be regarded as that of a physician to patient so that restrictions generally applicable to the release of clinical information to the Contractor shall not be applicable to the release of such information to the Indian Health Service.

b) Clinical data reports for the records of each patient shall be maintained in compliance with accreditation standards of JCAHO or another Center for Medicare & Medicaid Services (CMS) acceptable equivalent.

c) Special Communications:

1) Unusual incidences of communicable or infectious disease shall be reported verbally or in writing to the Pima County Health Department and COR within three days.

2) Deaths involving violence or communicable disease shall be reported within three days to the COR, citing the deceased name, age, cause and date of death. This report shall be on the contractor’s official letterhead, and if a hospital report, shall further state the attending physician’s name.

3) Death of infants and children shall be reported in writing to the COR within twenty-four hours, citing the deceased name, age, parents, cause and date of death. This report shall be on the contractor’s official letterhead, and if a hospital report, shall further state the attending physician’s name.

C.3 CONTRACTOR QUALIFICATION FACTORS:

To be considered for award the offeror must comply with the following responsibility factors. Failure to provide the following responsibility factors in the response may disqualify an offeror from further consideration.

a) The Contractor may be an individual, group, or organization in which a qualified provider providing the services meet the stated qualification requirements described herein.

b) A qualified provider shall be in attendance at every scheduled clinic.

c) Education: Graduation and degree/certificate obtained from an accredited school or university of medicine is required of a qualified provider. Graduates from foreign medical institutes much have passed in FLEX or ECFMG exams.

d) Certification and State Licensures: A qualified provider must have an active and unrestricted license in the state of Arizona, certification or registration, as applicable to practice independently in their professional field.

e) Board Specialty Training: A qualified provider must be board certified or board eligible in the specialist of the services to be performed.

f) Certification of Immunization: Each qualified provider who will provide services must demonstrate immunity to Rubeola & Rubella in accordance with the IHS Immunization Policy.

g) Application for Appointment: Upon award of a contract, the qualified provider who will provide services must complete an application of appointment (includes credentialing and designation of privileges, through the COR and to the IHS consultant medical staff of the Sells Service Unit. A temporary appointment maybe provided while credentialing is in process.

SECTION D – PACKAGING AND MARKING

FOR THIS CONTRACT, THERE ARE NO CLAUSES FOR THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE:

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address www.acquisition.gov/far/ (if specified) for electronic access to the full text of a clause.

On-site Rheumatology Clinic Services a)

SECTION F – DELIVERIES OR PEFORMANCE

F.1 PERIOD OF PERFORMANCE:

Performance period of this contract is estimated to begin on October 01, 2015 and shall not extend beyond the completion date of September 30, 2016 (base year) plus four (4) option years, unless the period is changed by written modification of the contract issued and signed by the Contracting Officer. If the Government exercises its option to renew pursuant to FAR Clause No. 52.217-9, Option to Extend the Term of the Contract, the following schedule shall prevail:

1st Option Year: October 01, 2016 – September 30, 2017 2nd Option Year: October 01, 2017 – September 30, 2018 3rd Option Year: October 01, 2018 – September 30, 2019 4th Option Year: October 01, 2019 – September 30, 2020

F.2 PERFORMANCE CONDITIONS:

a) The Contractor shall provide IHS patients access to service on terms no less favorable than those afforded any other patients of the Contractor, and shall not discriminate against IHS patients in any other regard.

b) The Contractor shall perform the work, within accepted professional standards, described in this contract independently of Government supervision except as stated herein.

c) None of the services furnished under this contract shall be subcontracted or transferred to another provider or organization without the specific prior written approval of the Contracting Officer.

d) If the Contractor is an individual he/she may request the right to provide a substitute Rheumatologist to cover a scheduled clinic when it is impossible to be in attendance due to illness or vacation.

e) The substitute must be approved by the Contracting Officer and must meet all qualifications as specified in this contract.

f) Contractor represents and warrants that he/she will continue to have the ability and capacity to render the services contemplated herein.

g) Where the IHS is carrying out its duties with respect to conservation of the health of its patients, the relationship of the service shall be regarded as that of physician to patient. Restrictions generally applicable to the release of clinical information by the Contractor will not be applicable to the release of such information to the IHS.

h) Patients receiving services under this contract may only speak a native language and/or reside on the Native American Reservation. The Contractor’s staff shall be sensitive to the unique cultural factors of the people they treat, which may include use of an interpreter as necessary in communication of services being rendered. Unique cultural factors that may contribute to the patient’s treatment include: use of their language communications; village and tribal customs; use of traditional healers; isolation; housing conditions and lack of resources.

i) Contractor shall wear visible identification, provided by the IHS, at all times while on the premises of the IHS facilities. Contractors are required to return this identification, provided by the IHS upon completion of service or the COR’s request.

j) The Contractor is prohibited from billing clinical patients unless so directed by the IHS. The Contractor shall accept payment from the IHS as payment in full.

k) Quality Assurance: The SSU Clinical Director or his designee and other team members from IHS may review on a random basis approximately 10% of the patient medical charts who received services in a given month. Any concerns for quality of care will be reported to the COR who will in turn report the Contractor.

l) The Contractor’s employees shall be required to attend the new employee’s orientation prior to working a clinic. The orientation are normally scheduled once a month from 8:00 am – 3:00 pm. Upon award a date shall be scheduled between the Contractor and COR.

m) The Contractor’s employees shall complete a background check and clearance shall be obtained before the Contractor and its employees can perform a clinic. At a minimum, fingerprints clearance the Contractor and its employees will be allowed to perform a clinic. However, the Contractor and its employees are required to complete the detailed background application and shall be completed within 30 days of award.

F.3 METHODS OF ASSESMENT OF PERFORMANCE:

a) Consistency of attendance at scheduled Rheumatology clinics, to include both day and hours of clinic service. In the event of unforeseen circumstances the Contractor is not able to be on-site at the scheduled time, the COR the clinic scheduler shall be notified;

b) Patient chart shall be reviewed for proper documentation and follow-up;

c) Review of Contractor’s consultation summaries;

d) Participation and compliance with Sells Service Unit Quality Assurance program requirements;

e) Patient complaints against the Contractor;

f) Compliance with all other contract terms and conditions.

F.4 NON-DISCRIMINATION OF SERVICES, BENEFITS, AND FACILITIES:

The Contractor agrees to make no distinctions among patients seen under this purchase order on the basis of race, color, creed, or national origin. For the purpose of this purchase order, distinctions on the grounds of race, color, creed, or national origin includes, but are not limited to the following: denying a patient any service or benefit or availability of a facility; providing any service or benefit to a patient which is different, or is provided in a different time from that provided to other patients under this purchase order; subjecting a patient to segregation or separate treatment in any manner related to his/her receipt of any service, restricting patient in any way in the enjoyment of any advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which any individual must meet in order to be provided any service or benefits; the assignment of time or place for the provisions of services on the basis of the race, color, creed, or national origin of the patients served.

The Government reserves the right to terminate the purchase order in whole or in part whenever the Contractor fails to comply with the requirement of this provision.

F.5 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address www.acquisition.gov/far/ (if specified) for electronic access to the full text of a clause.

52.242-15 STOP-WORK ORDER AUG 1989

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER (CO) RESPONSIBILITY:

Authority to negotiate change in terms, conditions or amounts cited in the order is reserved for the Contracting Officer.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR):

The Contracting Officer shall designate in writing the Contracting Officer’s Representative (COR) representing the Government for the purpose of this contract. A copy of this designation will be provided to the Contractor. The major responsibility of the COR is to ensure contractor accountability, monitoring contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract. Other duties specifically delegated are as follows:

· Interpreting the statement of work.

· Recommending to the Contracting Officer changes in requirements.

· Coordinating with the each designated site contact person to provide the contractor with the IHS patients list for each clinic.

· Performing technical inspections and acceptances.

· Receiving and processing invoices for payment.

G.3 METHOD OF PAYMENT/INVOICE SUBMISSION:

a) Payment shall be made in arrears;

b) Electronic Funds Transfer (EFT) shall be utilized as method for processing payment;

c) Upon receipt of the Contractor’s properly prepared invoice, the COR is responsible for certifying the invoice for acceptance of services and contacting a UFMS receiver to request a receiving receipt.

d) Improperly prepared invoices will be returned to the Contractor resulting in delayed payment. The following shall constitute a “proper” invoice.

· Name of Vendor

· Invoice Date

· Government Contract No. (Purchase Order No.)

· Description, price, and quantity of goods and services rendered

· Shipping and payment terms

· Taxpayer Identification Number (TIN), EIN or Social Security Number

· Data Universal Numbering System (DUNS) number (to ensure payment is made to the correct bank account) and vendor mailing address, as provided in the System for Award Management (SAM).

· Vendor contact name, title and telephone number

Invoices shall be submitted to the following address:

Also, a copy should be sent to the COR via electronically at: norma.antonio@ihs.gov

G.4 TAXES:

The Government is tax exempt under A.R.S. 42-5063.C.3(b), 42-5067.B.1, 42-5065.B.2(b), 42-5066.B.3(b), 42-5074.B.8, 42-5071.B.2(a), 42-5061.A.25(b), and 42-5159.A.13(d), STATE OF ARIZONA DEPARTMENT OF REVENUE. (Certificate available upon request.)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 BUSINESS ASSOCIATE AGREEMENT CLAUSE:

Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulation, the Standards of Privacy of Individual Identifiable Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and E ("Privacy Rule"), and 45 C.F.R. Parts 160 and 164, Subparts A and C (“Security Rule”), the Indian Health Service is required to enter into an agreement with the Business Associate, pursuant to which the Business Associate shall comply with and appropriately safeguard Protected Health Information ("PHI”) that it will use and disclose when performing functions, activities or services ("Services") for the Indian Health Service. The Business Associate by signing the contract shall comply with the following terms in addition to other applicable contract terms and conditions relating to the safekeeping, use and disclosure of PHI.

Definitions Terms used in this Agreement, but not otherwise defined, shall have the same meaning as those terms contained within the Privacy Rule.

a. Agreement: “Agreement” shall mean this clause and any other provisions of this contract that are incorporated by reference;

b. Business Associate: “Business Associate” shall mean the Contractor, also known as (INSERT BUSINESS NAME);

c. Covered Entity: “Covered Entity” shall mean the Indian Health Service;

d. Designated Record Set: “Designated Record Set” shall mean (1) a group of records maintained by or for a covered entity that is: (i) The medical records and billing records about individuals maintained by or for a covered health care provider, (ii) The enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan, or (iii) Used, in whole or in part, by or for the covered entity to make decisions about individuals. (2) For purposes of this paragraph, the term record means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for a covered entity. (45 C.F.R. § 164.501)

e. Individual: “Individual” shall have the same meaning as the term "individual" in 45 C.F.R. § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g);

f. Protected Health Information: “Protected Health Information” shall have the same meaning as the term “protected health information” in 45 C.F.R. § 160.103, limited to the information created or received by the Contractor from or on behalf of the IHS.

Section 1 - Privacy Rule Compliance The Business Associate agrees to comply with the applicable Business Associate Agreement requirements under the Privacy Rule and the provisions of this Agreement throughout the term of this Agreement. The Business Associate agrees that it will require that all of its agents, employees, subsidiaries, affiliates and subcontractors, to whom the Business Associate provides PHI, or who create or: receive PHI on behalf of the Business Associate for the IHS, agree to comply with the Privacy Rule. Any subcontracts shall be let as provided for in this contract but, notwithstanding any exemption from any requirement for written consent contained in the subcontracting clause, the Business Associate shall nonetheless obtain the Contracting Officer's written consent before placing any subcontract pursuant to which the Business Associate discloses PHI to the subcontractor.

Section 2 - Permitted Uses and Disclosures The Business Associate shall not use or disclose PHI except as provided for in this Agreement, the Privacy Rule or other applicable law, to perform functions, activities or services for or on behalf of the IHS as specified herein. The Business Associate agrees that it may use or disclose PHI on behalf of the IHS only; {I) upon obtaining the authorization of the patient to whom the PHI pertains (45 C.F.R. §§ 164.502(a)(I)(iv) and 164.508(b); (2) without an authorization for the purpose of treatment, payment or health care operations (45 C.F.R. §§ 164.502(a)(I)(ii) and 164.506); or (3) without an authorization or consent, if in accordance with 45 C.F.R. §§ 164.506, 164.510, 164.512, 164.514(e), 164.514(t) or 164.514(g). Except as otherwise limited in this Agreement, the Business Associate may use PHI for the management and administration of the Business Associate or to carry out responsibilities of the Business Associate that are required by law.

Section 3 - Safeguards The Business Associate shall develop and use appropriate procedural, physical and electronic safeguards to protect against the use or disclosure of PHI in a manner not permitted by the Privacy Rule or this Agreement. The Business Associate will limit any use, disclosure or request for use or disclosure of PHI to the minimum amount necessary to accomplish the intended purpose of the use, disclosure or request in accordance with the applicable requirements of the Privacy Rule.

Section 4 - Safeguards for Electronic PHI The Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of any electronic PHI that it creates, receives, maintains, or transmits on behalf of the IHS as required by the Security Rule and ensure that any agent, including a subcontractor to who it provides such information, agrees to implement reasonable and appropriate safeguards to protect it.

Section 5- Reporting of Disclosure The Business Associate shall promptly report to the IHS any knowledge of uses or disclosures of PHI that are not in accordance with this Agreement or applicable law and any security incidents involving electronic PHI of which it becomes aware. In addition, the Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of the Privacy Rule.

Section 6 - Records: IHS Access The Business Associate shall maintain records of PHI received from or created or received on behalf of the IHS and shall document subsequent uses and disclosures of such information by the Business Associate. The Business Associate shall promptly make available to the IHS, such information as the IHS may require to fulfill its obligations to provide access to, provides a copy of, and account for disclosures with respect to PHI pursuant to the Privacy Rule (e.g.. 45 C.F.R. § 164.528 (individual request for an accounting of PHI disclosure)) and other applicable law. The Business Associate shall provide such information to the IHS in a time frame that permits the IHS to meet obligations under 45 C.F.R. § 164.528.

Section 7 - Records; Individual Access The Business Associate shall maintain a designated record set, as defined by the Privacy Rule (45 C.F.R. § 164.501), for each patient for whom it has PHI. In accordance with a patient's right to access his PHI under the Privacy Rule, the Business Associate shall make available all PHI in the patient's designated record set to the patient to whom that information pertains, or to the patient's authorized representative, upon request by the patient or his authorized representative in a time and manner sufficient to meet the applicable requirements of 45 C.F.R. § 164.524. The Business Associate shall document all disclosures under this section and shall promptly make such information available to the IHS pursuant to section 6 above.

Section 8 - Disclosure Upon request, the Business Associate shall make available to the IHS or to the Secretary, PHI and the Business Associate's internal practices, books and records, including its policies and procedures, including any agreements required by Section 1 with subcontractors, vendors and other agents relating to the use and disclosure of PHI received from the IHS, or created or received by the Business Associate on behalf of the IHS, for purposes of determining the IHS’ compliance with the Privacy Rule. The Business Associate shall not disclose PHI to any requesting party other than as provided for in this section and sections 2 and 7 above. The Business Associate shall forward all other requests for PHI to the IHS for handling.

Section 9 - Amendments of Information The Business Associate shall make PHI available to the IHS for the IHS to fulfill its obligations pursuant to the Privacy Rule to amend PHI and shall, as directed by the IHS, incorporate any amendments into PHI held by the Business Associate and ensure incorporation of any such amendments into PHI held by its agents or subcontractors. The Business Associate shall not make any amendments to PHI and shall forward all amendment requests to the IHS Contracting Officer for approval.

Section 10 - Obligations of the IHS The IHS Contracting Officer shall provide the Business Associate with its notice of privacy practices, produced under 45 C.F.R. § 164.520 and any changes to the notice. The IHS Contracting Officer shall also provide the Business Associate with any changes in, or revocation of, individuals' authorizations to use or disclose PHI, if such changes affect the Business Associate's permitted or required uses or disclosures of PHI. The IHS Contracting Officer shall notify the Business Associate of any restrictions to the use or disclosure of PHI that the IHS has agreed to pursuant to an individual's request under 45 C.F.R. § 164.522. The IHS shall not request that the Business Associate use or disclose PHI in any manner that would violate the Privacy Rule if done by the IHS.

Section 11 - Material Breach: Termination If the Business Associate breaches a material obligation of this Agreement or fails to comply with the Privacy Rule or the Security Rule, the IHS will give the Business Associate an opportunity to cure the breach, but if the Business Associate fails to cure the breach, the IHS will terminate the Agreement, as provided in FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984). If, at the determination of the IHS Contracting Officer, neither cure nor termination are feasible, IHS shall report the material breach to the Secretary. Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or nature, is intended to remain in effect and to continue to operate in the event of termination. Termination of the underlying contract between the parties will result in the termination of this Agreement.

Section 12 - Return or Destruction of Information When this Agreement/contract terminates, the Business Associate, at the IHS's option, shall return to the IHS, or destroy, all PHI in its possession, and keep no copies of PHI except as requested by the IHS or required by law. The IHS Contracting Officer shall notify the Business Associate whether the Business Associate must return or destroy any PHI in its possession. If the Business Associate or its agent or subcontractor destroys any PHI, then the Business Associate will provide the IHS with documentation evidencing such destruction. Any PHI maintained by the Business Associate shall continue to be extended the same protections set forth in this Agreement for as long as it is maintained.

Section 13 - Term The term of this Agreement shall begin on the effective date of this modification and or contract award and end with the completion of the contract, except as provided in Section 12, provided that, insofar as any term of this Agreement relates to the Security Rule, compliance with such term is required only on or after April 20, 2005.

Section 14 - Amendment of Agreement After the date of execution of this Agreement and after learning that material changes have been made to the Privacy Rule or the Security Rule, the parties agree to amend this Agreement to ensure that it complies with the Privacy Rule or the Security Rule as applicable, and that IHS can continue to comply with such.

Section 15 - Miscellaneous Provisions

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE:

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address www.acquisition.gov/far/ (if specified) for electronic access to the full text of a clause.

I.2 FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014):

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

1.3 FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATION – COMMERCIAL (MAR 2015):

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or…