_19-242-SOL-00021_-_SF_1449.pdf

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SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1. TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))

The Government contemplates award of an Indefinite Delivery / Indefinite Quantity (IDIQ) Firm-Fixed-Price

(FFP) 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.2 FEE SCHEDULES

This solicitation will result in an IDIQ-FFP Contract with one base year and four (4) one-year option periods.

The quantities shown in the Schedule of Charges are actual quantities and are representative of estimated quantities to be ordered and will serve as a means of arriving at fair and reasonable price for award purposes.

Utilization of the IDIQ-FFP contract has been determined to be appropriate for a Nurse Advise Line as the government anticipates this requirement during the contract period. Pricing proposals should be determined based on the estimated Average Total Hours for the Year: is anticipated to be 300 for a professional individual and 10 hours for other support. Please refer to the Schedule of Charges Table on page 4 to determine cost proposal.

B.3. CONSIDERATION AND PAYMENT

The Contractor shall provide the non-personnel 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.4. CONTRACT PRICE

a. This is a firm-fixed price contract. The price for the Base Period of this contract is $__________________.

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 Statement 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 Estimated Usage Total Cost

CLIN #1 BASE YEAR

TBD, 2019 through TBD, 2019 Rate per Call

(estimated 50 calls per month) (estimated 600 calls per year)

Monthly Fee (if applicable)

Total Price for Base Period: $ Note: unit price shall be an all-inclusive rate of all other fees including state, federal and local taxes and miscellaneous cost associated with the above services.

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d. 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.5. 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:

Item # Contract Period Estimated Usage Total Cost

CLIN #2 OPTION YEAR ONE

TBD, 2020 through TBD, 2020 Rate per Call

(estimated 50 calls per month) (estimated 600 calls per year)

Monthly Fee (if applicable)

Total Price for Option Period One: $ Note: unit price shall be an all-inclusive rate of all other fees including state, federal and local taxes and

Item # Contract Period Estimated Usage Total Cost

CLIN #3 OPTION YEAR TWO

TBD, 2021 through TBD, 2021 Rate per Call

(estimated 25 calls per month) (estimated 300 calls per year)

Monthly Fee (if applicable)

Total Price for Option Period Two: $ Note: unit price shall be an all-inclusive rate of all other fees including state, federal and local taxes and

CLIN #4 OPTION YEAR THREE

TBD, 2022 through TBD, 2022 Rate per Call

(estimated 50 calls per month) (estimated 600 calls per year)

Monthly Fee (if applicable)

Total Price for Option Period Three: $ Note: unit price shall be an all-inclusive rate of all other fees including state, federal and local taxes and

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CLIN #5 OPTION YEAR FOUR

TBD, 2023 through TBD, 2023

Rate per Call (estimated 50 calls per month) (estimated 600 calls per year)

Monthly Fee (if applicable)

Total Price for Option Period Four: $ Note: unit price shall be an all-inclusive rate of all other fees including state, federal and local taxes and miscellaneous cost associated with the above services.

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:

TOTAL CONTRACT PRICE – including BASE plus OPTION PERIODS: $___________________

B.6 GENERAL CONTRACT INFORMATION

a. Contractor Requirements mandated by the Federal Acquisition Regulation (FAR) to comply with the mandate, the contractor must obtain a Data Universal Number System (DUNS) number. The DUNS number is a 9-digit number assigned by Dun and Bradstreet Inc., to identify unique business entities. If the offeror (Contractor) does not have a DUNS number, it should contact Dunn and Bradstreet directly to obtain one by calling 1-866-705-5711 or via the internet at http://www.dnb..com. Refer to FAR No. 52.204-6, Unique Entity Identifier (Oct 2016).

b. Effective on July 3, 2012 the System for Award Management (SAM) replaced the Central Contractor Registration (CCR). During the term of the contract, the Contractor’s DUNS number shall be active in accordance FAR 52.204-6, Unique Entity Identifier and update annually in SAM pursuant to FAR 52.204-7, System for Award Management (Oct 2016). You many access SAM at www.sam.gov.

c. Contractors/Vendors wanting to do business with the Government are required to register in SAM and revalidate annually. This provides payment information, validates Small Business Administration certifications as small, disadvantage, 8(a), or HUB-Zone business, calculates business size, and validates taxpayer IDs with IRS.

d. As an independent Contractor, billing and collecting of federal, state and other local city and county taxes will be the burden of the Contractor. This will include the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

e. The Albuquerque Area Indian Health Division of Accounting Services will issue Form 1099 MISC- Miscellaneous Income, for reporting earned under this contract. It is the responsibility of the Contractor to notify the IHS of any change in address or Tax Identification Number(s); otherwise Form 1099 will be mailed to the last address on file. For inquiries regarding Form 1099 call (505) 256-6777.

http://www.dnb..com/ http://www.sam.gov/

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE: 24/7 NURSE PHONE TRIAGE SERVICES

C.2. PURPOSE

The purpose of the contract is to provide a 24/7 Nurse Phone Triage Service to the patients served by the

Acoma Canoncito Laguna (ACL) Hospital, Primary Care Department, 80B Veterans Blvd., Acoma, NM 87049.

C.3. GENERAL TASKS

The contractor shall be in accordance with all Federal, State, Local, Tribal and IHS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public.

a. The contractor must do the following tasks:

(1) Provide Registered Nurses who can answer many general health questions and advise patients when to call a doctor or encourage them to seek emergency services, if necessary.

(2) Utilize appropriate software and licensed medical protocols, to assist individuals in making informed healthcare choices and have varied and up-to-date experience in health care practices with a minimum of five years of experience in acute care nursing.

(3) Address callers’ healthcare concerns and assess symptom presentations to recommend the most appropriate level of care in the most appropriate timeframe.

(4) Evidence based protocols will be used and will include behavioral health and dental advice.

C.4 HOURS OF DUTY

The contractor will provide services, 24 hours per day, 7 days per week (Monday through Sunday). This service will include all federally recognized holidays.

C.5 SCOPE OF WORK

a. The contractor will provide services to American Indian/Alaska Native (AI/AN) beneficiaries.

b. Contractor must advice patient whose symptoms or health status is an acute/chronic condition.

c. Contractor must provide clinical assessment and a disposition to an appropriate level of care for all eligible patients.

d. The contractor must provide comprehensive symptom-based assessment using evidence based practice guidelines

e. The contractor must provide a pre-recorded message or a live person prompt to advise callers of their right to privacy this will also include a disclaimer for IHS payment responsibility for all health care advice.

f. The contractor will ask for the following personal information:

(1) Name, date of birth (DOB), IHS facility in which services are normally received, IHS chart number, Primary Care Provider (PCP), insurance information and tribal enrollment information.

(2) When the contractor is contacted by a patient from outside the service area, the contractor must advise that individual of the service parameters.

h. The contractor must gather information from the nurse triage service.

(1) Contractor must provide a viewable platform from client-specific information to be viewed daily by

Carolyn McKeown, MSN, RN, and Quality Manger at the ACL Hospital within 24 hours of a patient Call to the Advice Line.

(2) Contractor must prepare reports for inclusion into the Electronic Health Record (EHR) system. This information must have the personal information, assessment, documented resolution, and follow-up action needed from a PCP.

(3) Contractor must prepare daily, monthly and quarterly aggregated call reports.

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C.6 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 language differences, and has the ability to work through interpreters and necessary for non-English speaking patients.

C.7 CONDITIONS FOR REMOVAL/REPLACEMENT OF CONTRACTOR PERSONNEL:

a. As mutually agreed upon between the Contracting Officer and the Contractor, there may be grounds for removal and/or replacement of contractor personnel.

b. Contractor staff will be removed from a facility if services are not performed in accordance with this contract.

C.8 CONTRACTOR RESPONSIBILITIES

a. Contractor must be responsible for maintaining satisfactory standards of competence, conduct and integrity. The quality of work performance of the contractor shall be subject to review.

b. Contractor must maintain a call recording system and make it available for review as indicated in Section

C.5, h. (1), page 6.

c. Contractor must accept all calls directly from the patient via a toll-free number.

d. Contractor must provide security backup and disaster recovery.

C.9 REVIEW, APPROVAL AND EVALUATION

Evaluation of services performed under this contract will be made jointly by the contractor and the

Government COR during the term of this contract, and results of such evaluation be made part of the contract file. The evaluation report will be directed towards progress made in meeting the contract objectives. Evaluation will be conducted on a date mutually agree to between the contractor and the Government COR.

C.10 CONTRACTOR MINIMUM REQUIREMENTS/QUALIFICATIONS:

a. The Contractor shall provide services in such a manner as to meet the highest standards of professional ethics and conduct particularly in regard to confidentiality and patient rights. If at any time during the term of the contract, the Government suspect's unprofessional behavior and practices, the Contractor will be contacted and requested to take appropriate action in accordance with applicable Federal Acquisition Regulations (FAR).

b. The Contractor may be an individual, group or organization in which any individual providing the services meets the stated qualification requirements. The Contractor shall ensure a qualified provider will be in attendance as scheduled.

c. Certification forms and required documents must be completed in their entirety and returned demonstrating the minimum qualifications have been met, as follows:

(1) Medical Liability Insurance: Provide proof of current medical liability insurance carried in the minimum amount of One (1) million dollars per occurrence and Three (3) million dollars aggregate.

(2) Education: Degree or diploma from a professional nursing program approved by the legally designated State accrediting agency.

C.11 QUALTY ASSURANCE

a. The work of the contractor is subject to review as part of the Service Unit Quality Assurance Program.

b. Review will consist of review of reports (individual encounter reports plus monthly or quarterly aggregated call reports) submitted by the contractor.

c. Random review of the appropriateness of the nurse advice rendered using validation from evidence based practice guidelines and data from the contract’s contact of up to 5% of callers to access their satisfaction with the triage service and understanding of referral instructions.

d. Review of Accreditation status for health call center services.

e. Review of Response Time/Targets:

(1) Answering calls based upon national and state standards.

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(2) Call abandonment rate not to exceed 5% per month with the exception from public health emergencies and or pandemics as defined by state and federal regulations.

(3) Average wait-time for callers who call the nurse advice line.

(4) Average call length.

(5) Responsiveness to client requests and complaints as appropriate.

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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.b., 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:

Albuquerque Area Indian Health Service Acoma-Canoncito-Laguna Service Unit ATTN: Carolyn Mckeown 80B Veterans Blvd Acoma, NM 87034

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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)

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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, 2019 through one-year, 2019 Option Period One: TBD, 2020 through TBD, 2020 Option Period Two: TBD, 2021 through TBD, 2021 Option Period Three: TBD, 2022 through TBD, 2022 Option Period Four: TBD, 2023 through TBD, 2023

F.2. PLACE OF PERFORMANCE

Performance of the nurse advice line will be at:

TBD upon award

F.3 SCHEDULE OF DELIVERABLES OR REPORTING REQUIREMENTS

Delivery and accountability of work shall be documented by the COR.

a. Evaluation of patient symptoms via the phone (24/7) by specially trained licensed registered nurses.

b. Dedicated toll-free number with customized greeting.

c. Comprehensive symptom-based assessment using evidence based practice guidelines, i.e.

Schmitt/Thompson Protocols.

d. Supplementary health information will be provided to patients/callers.

e. Encounter documentation for inclusion in EHR.

f. Customized data upon requests.

g. Client-specific information loaded into a viewable platform.

h. Additional Health Information Library complimenting the nurse advice line service.

F.4. DELIVERY REQUIREMENTS

When a deliverable due date occurs on a weekend or a Government holiday (see below), the deliverable will be due on the following Government business day.

F.5 GOVERNMENT HOLIDAYS

New Year’s Day January 1 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday November Christmas Day December 25

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SECTION G – CONTRACT ADMINISTRATION

G.1. AUTHORITIES OF GOVERNMENT PERSONNEL

a. 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.

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:

Judith Mariano, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6753 Email: judith.mariano@ihs.gov

All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above

2) Contracting Officer’s Representative (COR) Appointment The name and address of the COR and Alternate COR assigned to this contract is:

Carolyn McKeown, Nurse Educator Indian Health Service/Albuquerque Area Office Acoma-Canoncito-Laguna Service Unit PO Box 130 (80B Veterans Blvd) San Fidel, NM 87034 Phone: 505-552-5474 Email: Carolyn.Mckeown@ihs.gov

Alternate COR Appointment

Edwina Lee, Dental Hygenist Indian Health Service/Albuquerque Area Office Acoma-Canoncito-Laguna Service Unit PO Box 130 (80B Veterans Blvd) San Fidel, NM 87034 Phone: 505-552-5368 Email: Edwina.lee@ihs.gov

The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. Changing or altering the terms and conditions as well as the order amounts are not under the authority of the COR.

The COR responsibilities include ensuring contractor’s accountability, monitoring the contractor’s technical progress including the surveillance and assessment of performance. The COR recommends to the Contracting Officer changes in requirements, interpreting the statement of work, and performing technical evaluations, as required. Also, performs technical inspection and acceptance, assisting the contractor in the resolution of technical problems encountered during performance.

Receiving and processing invoices for payment.

mailto:judith.mariano@ihs.gov mailto:Carolyn.Mckeown@ihs.gov

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3) Technical Monitoring

(a) Performance of work under this contract must be subject to the technical direction of the COR 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 COR 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

a. The Contractor shall submit invoices MONTHLY. A complete invoice with all required back-up documentation shall be sent electronically via e-mail to:

1) Contracting Officer’s Representative (COR): Carolyn Mckeown, 505-552-5474, carolyn.mckeown@ihs.gov

2) Albuquerque IHS Finance Office: ALB/AO_APInvoices@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.

3) Per mandate by the U.S. Department of Treasury and effective July 1996, all contractor payments will be by Electronic Funds Transfer System (EFT).

Payment Office is: Albuquerque Indian Health Service, Division of Accounting Services, 4101 Indian School Road NE, Suite 225, Albuquerque, NM 87110 EFT Disbursed by: US Department of Treasury, Office of Disbursement, Austin, TX 73301

b. For invoices submitted by email, the subject line shall contain the Contractor’s name, contract number, and invoice. The Contractor shall send one email per contract annually. 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).

c. 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.

mailto:carolyn.mckeown@ihs.gov mailto:ALB/AO_APInvoices@ihs.gov http://fedgov.dnb.com/webform

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d. Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

e. 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.

f. FAR 52.212-4(g) Invoice, the DUNS number shall be included on all Invoices:

(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—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

G.3. GOVERNMENT FURNISHED PROPERTY

There will be no government furnished property for this service.

G.4 CONTRACTOR FURNISHED MATERIALS & SUPPLIES

The Contractor must provide the facility, personnel, labor, materials, equipment and services for the provision of a 24/7 nurse advice line.

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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:

(1) HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/

(2) HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

(3) Reserved

(4) 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 Subcontracts 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:

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

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• 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, call records, call recordings, etc.

No software will be developed, modified, or enhanced under this acquisition.

H.5 IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES

a. The Contractor is not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70)

b. Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.

c. The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Dissemination of information, prior approval shall be obtained from the Government Contracting Officer for the release or dissemination of information related to this contract.

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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 Title Date

52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 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 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 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 52.242-13 Bankruptcy Jul 1995 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.243-1 Changes - Fixed-Price (Aug 1987), Alternate I Aug 1987 52-246-4 Inspection of Services - Fixed-Price Aug 1996 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

FULL TEXT CLAUSES:

I.2. 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018)

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

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

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

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

https://www.acquisition.gov/far/index.html

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.