Nutrition_Services_TPSU.docx

DOCX document 94 KB Posted May 13, 2016

Attached to: TPSU Nutrition Services Federal contract opportunity
Solicitation number: 16-242-SOL-00022
Issued by: Department of Health and Human Services Indian Health Service

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TPSU Nutrition Services - 16-242-SOL-00022

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File	Type	Posted
TPSU_-_Nutrition_Svcs_-_SOL.doc	DOC document	May 26, 2016
TPSU_Nutrition_SF-30_MOD.pdf	PDF	May 26, 2016
TPSU_16-242-SOL-00022_Nutrition.pdf	PDF	May 26, 2016
Wage_Determination_for_TPSU.pdf	PDF	May 16, 2016
TPSU_-_Nutrition_SOW_.doc	DOC document	May 16, 2016

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Non-Personal Health Care Services Nutrition Services - TPSU

PAGE 3

OF 39

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1	TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))
	The Government contemplates award of a firm-fixed price contract resulting from this solicitation.
	This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor must maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned; and the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance.
B.1.1	FEE SCHEDULES
	This solicitation will result in a Blanket Purchase Agreement, “Requirements”, (also known as a “BPA Call”) acquisition with one base year and three (4) one-year options periods. The quantities shown in the Schedule of Charges are “expected” quantities but are not representative of actual quantities to be ordered and serve as a means of arriving at price reasonableness for award purposes. Utilization of the “Requirements” contract has be determined to be appropriate for the Nephrology and Rheumatology Clinics as the government anticipates recurring requirements but cannot predetermine the precise quantities that will be ordered during the contract period. Pricing proposals should be determined based on the estimated, the average total order for the Year at one 8 hour day per clinic visit and 52 weeks, 416 hours.
B.2	CONSIDERATION AND PAYMENT
	The Contractor shall provide the non-personnel health care services described in Section C, Description/ Specifications/Work Statement. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise provide all tasks necessary for or incident to the performance of the work set forth herein.
B.3	CONTRACT PRICE
	a.	This is a firm-fixed price contract. The price for the Base Period of this contract is $ (TBD).
	b.	Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the firm-fixed price cost.
	c.	Upon delivery and acceptance of the services described in the State of Work of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

Item #

Contract Period

Description of Services

Total ($)

Base Year

Nutrition Services

TBD

Total Price for Base Period:

TBD

		The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Invoices shall be submitted in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract.
B.4	OPTION PRICES
	a.	Unless the Government exercises its option pursuant to the option clause referenced in Contract Clauses section of this contract consists only of the Base Period specified in this contract.
	b.	Pursuant to FAR Clause 52.217-8, Option to Extend Services and FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the Statement of Work of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION of this order. If an option period is exercised the fixed price of this contract will be increased as set forth below.
	c.	Upon the delivery and acceptance of the Option Services described in the Statement of Work of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE OPTION PERIODS

	OPTION PERIODS:
Item #
Contract Period
Description of Services
Total ($)

Option Year 1

Nutrition Services

TBD

Total Price for Option Period One:

TBD

Item #

Contract Period

Description of Services

Total ($)

Option Year 2

Nutrition Services

TBD

Total Price for Option Period Two:

TBD

Item #

Contract Period

Description of Services

Total ($)

Option Year 3

Nutrition Services

TBD

Total Price for Option Period Three:

TBD

Item #

Contract Period

Description of Services

Total ($)

Option Year 4

Nutrition Services

TBD

Total Price for Option Period Four:

TBD

d.	If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be increased as follows:
BASE PERIOD
TOTAL ($)

BASE YEAR PERIOD: Date of Award 06/05/2016 through 06/04/2017

TBD

Total Price for Base Period:

TBD

OPTION PERIODS

TOTAL ($)

OPTION PERIOD ONE: 06/05/2017 through 06/04/2018

TBD

OPTION PERIOD TWO: 06/05/2018 through 06/04/2019

TBD

OPTION PERIOD THREE: 06/05/2019 through 06/04/2020

TBD

OPTION PERIOD THREE: 06/05/2020 through 06/04/2021

Total Price for Option Period:

TBD

TOTAL CONTRACT PRICE – including BASE plus OPTION PERIODS:

$__________ .00

Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal and local taxes and miscellaneous cost associated with the above services. A one (1) hour lunch break is permitted (as non-paid) under the contract; if the contractor chooses to not take a lunch break, it cannot be invoiced as time worked. Travel times to/from the facility site are not included and cannot be invoiced as time worked.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.	TITLE
	Onsite Nutrition Services.
C.1.	PURPOSE
	The purpose of this contract is to provide medically necessary and general Nutrition services for Indian Health Service (IHS) beneficiaries during clinic days at IHS, Taos-Picuris Service Unit. Under this contract, the contract Nutrition (hereafter referred to as “the contractor”) is required to have knowledge and experience in the delivery of nutrition services for Native American patients who reside within the Taos-Picuris Service Unit area.
C.2.	BACKGROUND AND NEED
	The Indian Health Service (IHS) depends on available resources with a wide range of expertise and professionalism in providing Onsite Nutrition Services for the Albuquerque Area Indian Health Service (IHS) for those patients that present themselves for health care services at the Taos-Picuris Service Unit. Services are required on a recurring basis once a week on Wednesday. There may be an occasion for a different day to allow for participation in community activities such as health fair cooking class.
	The Contractor shall provide all management, administration, supervision, labor, transportation and equipment, materials, and supplies, except as identified in the Government Furnished Property and Facilities section, as necessary to provide the experienced personnel as described herein. The Contractor pricing/cost must be inclusive of all mandatory Federal, State and local taxes. It is the sole responsibility of the contractor to collect and pay for all New Mexico State Gross Receipt Taxes for business/work performed in the State of New Mexico; regardless of county the business/work was performed.
	The contractor shall provide a full range of Nutrition services, nutrition is extremely vital for over all good health. Much of our population suffers from diabetes, kidney disease, hypertension, heart disease, obesity, chronic liver disease, allergies, and ADHD. Nutrition services shall provide a significant improvement in the patient’s health and quality of life.
	The contractor shall provide a full range of Nutrition services and physical activity assessment, and appropriate education and nutrition counseling to patients, individually and/or groups.
C.3	GENERAL TASKS
	a.	The contractor will work in coordination with the Indian Health Service (IHS) Contracting Officer’s Representative to provide these services via On-Site Clinics on an inpatient setting. Major duties for these positions are to independently provide the full range of Nutrition Services assessments and treatment to the patients that are seen in order to accomplish the following tasks:

	b.	Professional on-site nutrition services to be provided shall include, but are not limited to:
		1.	Contractor shall conduct a nutritional and physical activity assessment, and provides appropriate education and nutrition counseling to patients, indivudally and/or groups.
2.	Contractor shall establish long-term goals with patients, including individualized plans for meals and snacks, along with goals for life style changes regarding nutrition and exercise. These goals and the patient’s progress shall be reviewed with the patient on an agreed upon periodic basis.
		3. Contractor shall provide written instructions regarding exercise and nutrition goals.
		4.	Contractor shall provide consultation and/or in-service training on nutrition to service unit staff, community programs, families and others.
		5. Contractor shall document patient appointment in individual health records via the
		Electronic Health Record (EHR) within 48 hours of the patient contact.
		6. Contractor maintains health record in accordance with established Policy and Protocols in

compliance with Privacy Act, HIPAA and other IHS Standards.

C.4	CLIENT BACKGROUND
	Some of the patients receiving health care under this contract may only speak a Native American Language, and the contractor should be able to show sensitivity to cross-cultural and languages differences, and have the ability to work through interpreters as necessary for non-English speaking patients. Consideration should be given to potentially limited transportation and home environment facilities for some patients.
C.5	MINIMUM QUALIFICATIONS AND ESTIMATED LABOR HOURS NEEDED
	a.	All work shall be performed by licensed professional Nutritionist/Dietitian in one or more states in order to perform the required tasks.
	b.	The Contractor shall have provided nutrition assessments, counseling, and education for at least four years.
	c.	The Contractor shall have previous experience working with Native American communities is an advantage but not a requirement.
	d.	The Contractor shall have knowledge of the principles and practices of therapeutic and normal nutrition which is required to develop nutritional plans and consulting services to Indian patients, community groups and other health professionals.
	e.	The Contractor shall have advanced level of knowledge of current scientific information regarding nutrition, diet, and health, along with the ability to communicate this information to professionals and the Native American patients.
	f.	The Contractor shall have a full range of skills in presenting ideas orally and in writing in a clear, concise and persuasive manner. The Contractor shall establish rapport with community members and gain knowledge of traditions and customs of the local Pueblo communities is critical, in order to make the nutrition services appropriate and relevant for this population.
	e.	The Contractor shall provide a copy of his/her work experience (resume, C.V.).
	f.	The contractor is responsible for ensure that the following health requirements are met prior to performance of service if a medical provider: Evidence of current immunization for tetanus, rubella, and hepatitis B (O positive titer and evidence of negative PPD or chest x-ray if history of positive PPD must be provided within one (1) month of assignment.
	g.	The contractor shall comply with Federal drug-free workplace and work force requirements IAW the Federal Acquisition Regulations. The Indian Health Service is a tobacco-free place. No smoking or tobacco products are allowed on any campuses.
	h.	None of the services furnished under the Statement of Work shall be subcontracted or transferred to another Contractor or organization without the specific prior written approval of the Contracting Officer.
C.6	CONTRACTOR'S OBLIGATIONS
	a.	Contractor shall possess a valid state license in one or more states as a Registered Dietitian.
	b.	Contractor shall have at least three years of experience in providing nutrition assessments, counseling, and patient education.
	c.	Contractor shall provide documentation of past three years of employment and training history including two written verifiable reference letters addressing applicant’s reliability, interpersonal interactions and suitability for the position.
	d.	Contractor shall have previous experience working in community based settings to provide group and individual counseling services.
	e.	Contractor shall possess an advanced level of knowledge of current scientific information regarding nutrition, diet, and health, with regards to diabetes. Contractor shall have the ability to translate that knowledge into patient nutrition plans and communicate these plans effectively to clinicians and patients.
	f.	Contractor shall have a full range of skills in presenting ideas orally, visually and in writing in a clear, concise and persuasive manner. Adapting principles of nutrition management to prepare culturally appropriate educational materials for dissemination.
	d.	Contractor shall be responsible for completing required documents subject to the character investigation in compliance with Public Law (P.L) 101-630 "Indian Child Protection and Family Violence Act of 1990". The contract and all its agents will answer and sign the attached document entitled; "Care and Certification of Addendum to Declaration to Federal Employment, Indian Health Service, and Indian Child Care Worker Positions".
	e.	Medical contractors (physicians, advance practice nurses, physical therapists dentists, optometrists, psychologists, psychiatrists, audiologists, etc.) must apply and be approved for clinical privileges prior to providing patient care. Contractors shall submit the following to the service unit medical staff office: medical staff application with request for clinical privileges, copies of active unrestricted professional licensure, professional degree, residency and board certification in specialty, current curriculum vitae, proof of professional liability coverage, and DEA certificate. Allow 4 to 6 weeks.
	f.	The UMUHC Clinical Staff/Governing Body will assure through the credentialing/privileging process that the appointment to the Medical Staff meets the required standards. The contractor (nephrologists) is subject to the UMUHC Clinical Staff By-Laws and Rules and Regulations.
	g.	Prior to start of services specified by the scope of work, the Contractor must contact the General Service Office at the designated IHS facility to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations.
	h.	Contract shall be responsible for maintaining satisfactory standards of competence, conduct, appearance and integrity. The quality of work performance of the contractor shall be subject to review.
	i.	Abide by the IHS facility standards of conduct and the policies and procedures of the service unit and assigned department/unit. Guidelines applicable in the performance of the contract are established doctor's orders, hospital policy, local directives, and standing orders. The Contractor shall be responsible for using judgment in choosing the appropriate course of action when a negative situation arises.
	j.	The Contractor agrees to make no distinctions among patients under this contract on the basis of race, color, creed, or national origin including; but not limited to the following: Denying a patient services or benefits or availability of facilities; providing services or benefits to a patient which is different, or is provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his/her receipt of service, restricting a patient in any way in the enjoyment of any advantage or privilege enjoyed by others in determining whether he/she satisfies any admission enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided services or benefits; the assignment or times or places for the provisions of service on the basis of race, color, creed or national origin of the patients served.
	k.	Contractor is required to update any information through the System Award Management (SAM.gov). The IHS does not have access to the contractors personal or company data, nor the approval, to update changes on behalf of the Contractor.
C.7	SCHEDULE OF DELIVERABLES OR REPORTING REQUIREMENTS
	a.	The contractor will provide on-site nutrition services.
	b.	The contractor’s will input documentation in the Electronic Health Record (EHR) of RPMS (HIS Clinical data base) within 48 hours of the visit.
	c.	The contractor shall complete a quarterly narrative of number of patients seen, types of services rendered to these patients and hours worked.
	d.	The contractor will document delivered hours to the Contracting Officer’s Representative for signature. If unable to work due to illness or unanticipated events, the contractor shall contract the Healthy Heat Project Director or Chief Executive Officer (CEO).

SECTION D – PACKAGING AND MARKING

D.1	PACKAGING
	All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including that which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.
D.2	MARKING
	Each package/container shall be delivered to the address shown in Section G.1.3 entitled “Contracting Officers’ Representative Appointment and Authority” and shall be clearly marked as follows:

· Name of Contractor

· Contract Number

· Description of Items Contained Therein

· Consignee’s Name and Address

D.3	DELIVERY
	All deliverables shall be delivered to the following address:

Taos-Picuris Service Unit

ATTN: Connie Loretto

1090 Goat Springs Road

P.O. Box 1946

Taos, New Mexico 87571

(575) 758-6966

SECTION E – INSPECTION AND ACCEPTANCE

E.1	INSPECTION AND ACCEPTANCE
	All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all deliverables and services called for by the contract.
E.2	FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
	FAR Clause No.	Title and Date
	52.246-4	Inspection of Services – Fixed-Price (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

F.1	PERIOD OF PERFORNMANCE
	The period of performance is a Base Period of (12) months with four (4), twelve (12) month Option Periods, unless the period is extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 – Option to Extend the Term of the Contract (MAR 2000); upon written notification by the Contracting Officer within 30 days of contract expiration.
	The period of performance shall be as follows:
	Base Period:	Date of Award through one-year
	Option Period One:	TBD through TBD
	Option Period Two:	TBD through TBD
	Option Period Three:	TBD through TBD
	Option Period Four:	TBD through TBD
F.2	PLACE OF PERFORMANCE
	The place of performance shall be at the Taos-Picuris Service Unit, 1090 Goat Springs road, P.O. Box 1946, Taos, New Mexico 87571. The hours of business and clinic operation are daily Monday through Friday from 8:00 AM to 4:30 PM, for outpatient clinics. The actual hours will be scheduled in advance through the designated COR.
F.3	GOVERNMENT HOLIDAYS
	New Year’s Day
	Martin Luther King’s Birthday
	President’s Day
	Memorial Day
	Independence Day
	Labor Day
	Columbus Day
	Veteran’s Day
	Thanksgiving Day
	Christmas Day

SECTION G – CONTRACT ADMINISTRATION

G.1	AUTHORITIES OF GOVERNMENT PERSONNEL
	Notwithstanding the Contractor’s responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during the performance of this Contract.
G.1.1	Contracting Officer
	The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:
	Dawn Sekayumptewa, Contracting Officer (CO)
	Indian Health Service/Division of Contracts & Grants Management (DCGM)
	5300 Homestead Road NE
	Albuquerque, NM 87110
	Phone: 505-248-4561
	Email: dawn.sekayumptewa@ihs.gov
	All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above and to the following Contract Specialist:
G.1.2	Contract Specialist
	All Contract administration shall be performed by:
	Patricia Trujillo, Contract Specialist (CS)
	Indian Health Service/Division of Contracts & Grants Management (DCGM)
	5300 Homestead Road NE
	Albuquerque, NM 87110
	Phone: 505-248-4562
	Email: patricia.trujillo@ihs.gov
G.1.3	Contracting Officer’s Representative Appointment and Authority
	The name and address of the COR assigned to this contract is:
	Connie Loretto, Business Office Manager
	Indian Health Service, Taos-Picuris Service Unit
	1090 Goat Springs Road
	Taos, New Mexico 87571
	Phone: 575-758-6966
	Email: connie.loretto@ihs.gov
G.1.4	Technical Monitoring
	(a)	Performance of work under this contract must be subject to the technical direction of the Contracting Officers’ Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the statement of work are accomplished satisfactorily.
	(b)	Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officers’ Representative does not have authority to issue technical direction that:
		(1)	Constitutes a change of assignment or additional work outside the specification(s)/statement of work;
		(2)	Constitutes a change as defined in the clause entitled “Changes”;
		(3)	In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
		(4)	Changes any of the terms, conditions, or specification(s)/work statement of the contract;
		(5)	Interferes with the Contractor's right to perform under the terms and conditions of the contract; or
		(6)	Directs, supervises or otherwise controls the actions of the Contractor's employees.
	(c)	Technical direction may be oral or in writing. The Contracting Officers’ Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.
	(d)	The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers’ Representative. If, in the opinion of the Contractor, any direction of the Contracting Officers’ Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
	(e)	Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
G.2	INVOICE SUBMISSION
	The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically via e-mail to:
	1.	Contracting Officer’s Representative (COR): Connie Loretto, connie.loretto@ihs.gov
	2.	Buyer: Patricia Trujillo, patricia.trujillo@ihs.gov
	3.	Albuquerque IHS Finance Office, ALB_AOAPinvoices@ihs.gov
	* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or ALB Finance. Failure to submit directly to the offices listed above will delay prompt payment of your invoice.
	For invoices submitted by email, the subject line of your email invoice submission shall contain the Contractor’s name, contract number, and invoice. The Contractor shall send one email per contract monthly. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).
	Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.
	Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.
	All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.
	FAR 52.212-4(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, contract line item number and, if applicable, the contract 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;
		(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-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), 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.
		In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”
		Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.
		In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.
		Failure to submit directly to the offices listed above will delay prompt payment of your invoice.
G.3	HHSAR 352.242-70 KEY PERSONNEL (JAN 2006)
	The key personnel specified in this Contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or Contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this Contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the Contract to add or delete key personnel at the request of the Contractor or Government.
G.3.1	OTHER PERSONNEL REPLACEMENTS
	If any contracted key personnel or other personnel are replaced by the Contractor during the contract period(s), the Contractor shall submit at least two (2) resumes of a qualified replacement(s) to the IHS COR ten (10) days before the departure of that individual(s). The IHS COR will review resume(s) and have final approval of the personnel replacement.
G.4	GOVERNMENT FURNISHED PROPERTY
	The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1, Government Property hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 “Clauses Incorporated by Reference” found herein.
	Item No.
	Property Description
	Property Value
	Qty
	Location
	Date Available

TBD

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1	CONTRACTOR PERFORMANCE EVALUATION REPORT
	During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.
H.2	SECURITY
	a.	To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.
	b.	To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:
		(i)	HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/
			(ii)	HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook,

http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

		(iii)	Reserved
		(iv)	HHS HSPD-12 Implementation Policy (draft)
	c.	The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.
	d.	Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.
	e.	Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify.
		Consequently, multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).
	f.	Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.
	g.	Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.
	h.	Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.
H.3	REFERENCES
	The work to be performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMB, HHS, NIST, and US CERT. Statutes and Acts generally applicable to IHS security include, but are not limited to:
	•	Health Information Technology for Economic and Clinical Health Act
	•	Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title III)
	•	OMB Circular A-130 and Appendix III, Security of Federal Automated Information Resources
	•	OMB Circular A-11, Preparing, Submitting, and Executing the Budget
	•	Presidential Decision Directive 63 (PDD 63)
	•	NIST Special Publications – 800 Series
H.4	ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE
	Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract: all data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism is used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.
	Copies of the final Reports and Deliverables under each task must be officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.
	Works other than Software Development or Enhancements:
	No software will be developed, modified, or enhanced under this acquisition.
H.5	HHSAR 352.224-70 PRIVACY ACT (JAN 2006)
	This contract requires the Contractor to perform one or more of the following:
	(a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

SECTION I – CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

I.1	CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)
	This Contract incorporates FAR provisions/clauses referenced, 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 website address: FAR - https://www.acquisition.gov/far/index.html.
	FAR Clause No.
	Title and Dates
	Fixed-Priced Service

52.203-3

Gratuities (Apr 1984)

52.203-5

Covenant Against Contingent Fees (May 2014)

52.203-6

Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7

Anti-Kickback Procedures (May 2014)

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12

Limitation of Payments to Influence Certain Federal Transactions (Oct 2010)

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7

System for Award Management (Jul 2013)

52.204-9

Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10

Reporting Executive Compensation and First Tier Subcontract Awards (Oct 2015)

52.209-6

Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Oct 2015)

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.215-2

Audit and Records – Negotiation (Oct 2010)

52.215-8

Order of Precedence – Uniform Contract Format (Nov 2011)

52.219-6

Notice of Total Small Business Set-Aside (Oct 2014)

52.219-14

Limitations on Subcontracting (Nov 2011)

52.219-28

Post-Award Small Business Program Representation (Jul 2013)

52.222-3

Convict Labor (Jun 2003)

52.222-21

Prohibition of Segregated Facilities (Apr 2015)

52.222-26

Equal Opportunity (Apr 2015)

52.222-35

Equal Opportunity for Veterans (Jul 2014)

52.222-36

Affirmative Action for Workers with Disabilities (Jul 2014)

52.222-37

Employment Reports Veterans (Jul 2014)

52.222-50

Combating Trafficking in Persons (Mar 2015)

52.222-54

Employment Eligibility Verification (Aug 2013)

52.223-6

Drug-Free Workplace (May 2001)

52.223-18

Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

52.225-13

Restrictions on Certain Foreign Purchases (Jun 2008)

52.227-14

Rights in Data – General (May 2014)

52.229-3

Federal, State and Local Taxes (Feb 2013)

52.232-1

Payments (Apr 1984)

52.232-8

Discounts for Prompt Payment (Feb 2002)

52.232-11

Extras (Apr 1984)

FAR Clause No.

Title and Dates

Fixed-Priced Service

52.232-17

Interest (May 2014)

52.232-23

Assignments of Claims (May 2014)

52.232-25

Prompt Payment (Jul 2013)

52.232-33

Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

52.232-40

Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.233-1

Disputes (May 2014)

52.233-4

Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3

Continuity of Services (Jan 1991)

52.237-7

Indemnification and Medical Liability Insurance (Jan 1997)

52.242-13

Bankruptcy (Jul 1995)

52.242-15

Stop-Work Order (Aug 1989)

52.243-1

Changes – Fixed-Price (Aug 1987), Alternate I (Apr 1984)

52.244-2

Subcontracts (Oct 2010)

52.244-5

Competition in Subcontracting (Dec 1996)

52.246-4

Inspection of Services – Fixed-Price (Aug 1996)

52.246-25

Limitation of Liability – Services (Feb 1997)

52.249-2

Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-8

Default (Fixed-Price Supply and Service) (Apr 1984)

52.249-14

Excusable Delays (Apr 1984)

52.253-1

Computer Generated Forms (Jan 1991)

I.2	FAR 52.216-18 ORDERING (OCT 1995)
	(a)	Any supplies and services to be furnished under this contract shall be ordered by issuance of bpa calls by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.
	(b)	All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
	(c)	If mailed, a bpa call is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
I.3	FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
	(a)	Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 8 Hours/ week, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
	(b)	Maximum order. The Contractor is not obligated to honor—
		(1)	Any order for a single item in excess of 8 Hours/week;
		(2)	Any order for a combination of items in excess of 8 Hours/week or
		(3)	A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
	(c)	If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
	(d)	Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
I.4	FAR 52.216-21 REQUIREMENTS (OCT 1995)
	(a)	This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
	(b)	Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
	(c)	Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
	(d)	The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
	(e)	If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
	(f)	Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.
I.5	FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
	The Government may require continued performance of any services within the limits and at the rates specified in the Contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.
I.6	FAR 52.217-9 OPTION TO EXTEND THE TERM OF CONTRACT (MAR 2000)
	A.	The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
	B.	If the Government exercises this option, the extended contract shall be considered to include this option clause.
	C.	The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
I.7	DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES
	This Contract incorporates some HHSAR provisions/clauses by reference, with the same force and affect 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/these addresses:
	HHSAR - http://www.hhs.gov/policies/hhsar/subpart352.html
	The applicable provisions/clauses are as follows:
	HHSAR Clause No.
	Title and Dates
	Fixed-Priced Service

352.211-3

Paperwork Reduction Act (Dec 2015)

352.222-70

Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

352.224-70

Privacy Act (Dec 2015)

352.227-70

Publications and Publicity (Dec 2015)

352.233-71

Litigation and Claims (Dec 2015)

352.237-75

Key Personnel (Dec 2015)

I.8	HHSAR 352.203-70 ANTI LOBBYING (DEC 2015)
	Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:
	(a)	Publicity or propaganda purposes;

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