SOW - Learning Management System .pdf

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Navajo Area Learning Management System
Solicitation number
7571TE27Q00034
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This Statement of Work (SOW) describes a Learning Management System (LMS) Portal procurement for the Navajo Area Indian Health Service (NAIHS), a regional administrative unit of the Indian Health Service under the Department of Health and Human Services.

The contractor must provide a FedRAMP-compliant Learning Management System that supplements the Department of Health and Human Services' current system to deliver focused e-learning for accreditation compliance, including The Joint Commission (TJC) and Centers for Medicare/Medicaid Services (CMS) accreditation requirements. The LMS must meet Section 508 compliance and be SCORM compliant. The learning catalog shall include clinical training courses such as Safety and Infection Control, Advanced Cardiac Life Support (ACLS), Advanced Trauma Life Support (ATLS), Pediatric Life Support (PALS), S.T.A.B.L.E, Neonatal Resuscitation Program (NRP), and mandatory training on personal protective equipment (PPE), hand hygiene, infection control, physical assessment, respiratory failure and acute respiratory distress syndrome (ARDS), fluid balance, ventilation management, restraint and seclusion training, medication management and USP standards, and ICD-10-CM. The contractor must provide an authoring tool, SCORM program with video storage, technical support and maintenance including updates and upgrades, and employee attendance and course completion tracking with reporting capabilities. The LMS must serve approximately 5,000 Navajo Area IHS employees including at least 1,000 contractors, volunteers, and tribal employees across five Federal Service Units (Chinle, Crownpoint, Gallup, Kayenta, and Shiprock). Contractor shall provide installation, configuration, user account setup, training, and in-service on LMS usage. The contractor's technical capability shall not be subcontracted. Requirements include evaluation on FedRAMP compliance, technical capability, past performance on similar implementations for large audiences across multiple facilities, and cost. For cloud-based solutions, current FedRAMP Certification in accordance with FedRAMP Consolidated Rules for 2026 (CR26) is mandatory and must be documented through the FedRAMP Marketplace; server-based solutions on government or facility infrastructure are exempt from this requirement. Delivery shall occur within 30 days of contract award. This is a recurring business need to maintain current service levels and licensing. The procurement is set-aside for Indian Economic Enterprises, as indicated by the inclusion of 352.226-4, 352.226-5, 352.226-6, and 352.226-7 clauses requiring offerors to complete the Indian Economic Enterprise Representation form and meet ownership and control requirements throughout the contract term.

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Navajo Area Indian Health Service (NAIHS)

P.O. Box 9020, Window Rock, Arizona 86515

272 Highway 264-St. Michaels, Window Rock, Arizona 86515

STATEMENT OF WORK

NAIHS Office of Clinical Services: Quality Management – Learning Management System

1: Introduction:

1.1 Navajo Area Indian Health Service (NAIHS) is one of twelve (12) Regional Administrative units of the Indian Health Service (IHS). The NAIHS delivers Health Services to a user population of over 244,000 American Indians in five (5) Federal Service Units on and near the Navajo Nation. The five (5) Federal Service Units (SUs) include Chinle, Crownpoint, Gallup, Kayenta, and Shiprock SUs. Navajo Area Indian Health Service Office is located in St. Michael’s Arizona. Indian Health Service is an Agency within the Department of

Health and Human Services (HHS).

1.2 Navajo Area Office of Clinical Services – Quality Management: In alignment with the headquarters initiatives to strengthen the agency’s ongoing efforts to ensure the delivery of high-quality health care at federally operated facilities serving American Indian and Alaska

Native people in the Navajo Area Indian Health Service (NAIHS).

2: Purpose:

2.1 Navajo Area Indian Health Service (NAIHS) Office of Clinical Services: Quality

Management (QM) is seeking from qualified contractors, to provide a Learning

Management System (LMS) Portal.

2.2 The Learning Management System Portal will supplement the Department of Health and

Human Services’ (DHHS) current Learning Management System to provide focused e-learning to meet accreditation requirements (e.g., The Joint Commission (TJC), Centers for Medicare/Medicaid Services (CMS)).

2.3 The LMS will be available for all staff under NAIHS, including the Navajo Area Office, and the five Federal service units, which include primary hospitals and remote healthcare centers under each service unit.

2.4 For the current submission and subsequent years, we are requesting a Learning

Management System that meets FedRAMP requirements, to be compliant.

2.5 This will be a recurring Business Need, to keep the current service level and licensing active.

3: Scope and Deliverables:

3.1 The Contractor shall provide a Learning Management System that meets the Federal

Government’s FedRAMP compliance.

3.2 The Learning Management System shall meet 508 compliance and be SCORM compliant.

3.3 The Learning Management System shall provide focused clinical training courses applicable to accreditation requirements to meet health care accreditation.

a. The Joint Commission (TJC) accreditation

b. The Centers for Medicare/Medicaid Services (CMS) accreditation

c. Other applicable accreditation bodies

3.4 The Learning Management System shall provide a learning catalog that includes the following:

a. Safety and Infection Control

b. Advance Cardiac Life Support (ACLS)

c. Advance Trauma Life Support (ATLS)

d. Pediatric Life Support (PALS)

e. S.T.A.B.L.E

f. Neonatal Resuscitation Program (N.R.P.)

g. Other mandatory training courses designed to develop competence and confidence related to:

i. Personal Protective Equipment (PPE)

ii. Hand Hygiene

iii. Infection Control

iv. Physical Assessment

v. Respiratory Failure and Acute Respiratory Distress Syndrome (ARDS)

vi. Fluid Balance

vii. Ventilation Management

viii. Restraint and Seclusion training

ix. Medication Management and USP Standards (Pharmacopeial Reference

Standards and Pharmacopeial Documentary Methods)

x. International Classification of Diseases, Tenth Revision, Clinical

Modification (ICD-10-CM)

3.5 The Learning Management System shall include an Authoring tool with the software component, allowing administrators to upload training and curriculum into the LMS.

3.6 The Learning Management System shall include SCORM program with video storage for interactive course development, allowing administrator to upload training and curriculum into the LMS.

3.7 The Learning Management System shall include technical support and maintenance, including updates and upgrades.

3.8 The Learning Management System shall provide for documenting and tracking employee attendance, course completion checklists, and generating other reports that help the program and its users.

3.9 The end users estimate around 5,000 Navajo Area IHS employees; this includes at least

1,000 contractors, volunteers, and tribal employees who work in Navajo Area Healthcare facilities.

3.10 The Contractor will work with designated local point of contacts, or the Office of Clinical

Services: Quality Management, for the following:

a. Access to the software/application.

b. Installation and configuration of the software/application, if applicable.

c. Setup, configuration, and management of training courses and curriculum.

d. User accounts: setup users and perform user management, to include administrator accounts and an enterprise administrator for oversite of the LMS program and content, if applicable.

e. Generate tracking, reporting and checklists for curriculum, users, and programs.

f. Training and in-service on the Learning Management Systems usages and services as listed in, “3: Scope and Deliverables,” sections, 3.4 through 3.10.

3.11 The following evaluation factors and criteria shall be met:

a. FedRAMP compliant: Contractor must be FedRAMP compliant.

b. Technical Capability: Contractor shall have the technical capacity and background to provide a learning management system, to include scalability, customization, integration, reporting and analytics, security and data privacy, content management, and customer support and training. The technical capability shall not be sub-contracted.

c. Past Performance: Assessing the contractor’s ability to implement a Learning

Management System (LMS) that is FedRAMP compliant, that is Section 508

(U.S. Rehabilitation Act) and (Shareable Content Object Reference Model

(SCORM) compliant, Implementation that spans across and accessible at multiple facilities and locations, targeted for a large audience (5000 employees), demonstrating training and in-service for key personnel who will act as authors and administrators, and demonstrating ongoing maintenance and support services.

d. Cost: Considering the cost of implementation, ongoing maintenance, and support, shall fit within the Agency’s budget.

e. FedRAMP Certification Requirement for Cloud-Based Solutions

i. If the proposed solution is cloud-based, it must hold a current FedRAMP

Certification in accordance with the FedRAMP Consolidated Rules for

2026 (CR26). Quoters/Offerors proposing a cloud-based solution must include documentation confirming the solution's FedRAMP Certification status and applicable Certification Class as part of their quote or proposal.

Quoters/Offerors may verify and confirm their solution's FedRAMP

Certification status through the FedRAMP Marketplace, the authoritative repository of all FedRAMP Certified cloud service offerings, at:

ii. https://www.fedramp.gov/marketplace/products/

iii. Cloud-based solutions that are not FedRAMP Certified at the time of submission will not be considered for award.

iv. Server-based solutions hosted on Government or facility infrastructure are not subject to this requirement.

3.12 The contractor shall not perform any tasks under this scope of work that constitute work of policy, decision making, or of a managerial nature that is the direct responsibility of the

Government.

4: Task Order Administration Data:

4.1 Invoices shall be submitted through the IPP system. Instructions to register and process invoices through the IPP system will be provided on contract award.

4.2 The Contracting Officer/Contract Specialist is, unless otherwise assigned by the Agency

Acquisition Department:

a. Navajo Area Indian Health Service - Division of Acquisition Management and

Contracts

b. 272 Highway 264-St. Michaels

c. Window Rock, Arizona 86515

4.3 The Contracting Officer Representative is, unless otherwise assigned by the Agency:

a. Navajo Area Indian Health Service - Division of Acquisition Management and

Contracts

b. 272 Highway 264-St. Michaels

c. Window Rock, Arizona 86515

5: Delivery Date:

5.1 Contractor shall provide requirements within 30 days of delivery from the contract award date.

6: Place of Performance:

6.1 Delivery Locations and Point of Contacts:

a. Navajo Area Indian Health Service (NAIHS) Office:

i. POC: Le Prensa Curley, Training Specialist, 505-786-2536

ii. Navajo Area Indian Health Service

iii. 272 Highway 264-St. Michaels, Window Rock, Arizona 86515

b. Crownpoint Service Unit:

i. POC: Le Prensa Curley, Training Specialist, 505-786-2536

ii. Crownpoint HealthCare Facility

iii. NM Highway 371 & Navajo Route 9, Crownpoint, New Mexico 87313

c. Kayenta Service Unit:

https://www.fedramp.gov/marketplace/products/

i. POC: Training Specialist

ii. Kayenta Health Center

iii. U.S. Highway 160 Milepost 394.3, Kayenta, Arizona 86033

d. Shiprock Service Unit:

i. POC: Training Specialist

ii. Northern Navajo Medical Center

iii. Highway 491 North, Shiprock, New Mexico 87420

e. Gallup Service Unit:

i. POC: Training Specialist

ii. Gallup Indian Medical Center

iii. 1808 West Aztec Avenue, Gallup, New Mexico 87301

f. Chinle Service Unit:

i. POC: Training Specialist

ii. Chinle Health Care Facility

iii. HWY 191 Hospital Road, Chinle, Arizona 86503

6.2 Hours of Operation:

a. Core Business Hours for each Facility is, Monday-Friday, 8:00 AM – 4:30 PM.

6.3 Government Holidays:

a. Holidays observed by the Federal Government:

HOLIDAY DATE

New Year’s Day January 1st

Birthday of Martin Luther King, Jr Third Monday in January

Washington’s Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth National Independence Day June 19th

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11th

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25th

7: Security, Safety, and Privacy:

7.1 The Contractor shall comply with all Federal, State and Local Safety regulations.

7.2 The Contractor shall adhere to Privacy and Patient Confidentiality laws that are consistent with the Privacy Act and JCAHO regulations.

8: Government Furnished Property:

8.1 The Government will provide points of contact for the Contractor to work with.

8.2 Point of Contacts:

a. NAIHS DHR – Le Prensa Curley – Training Specialist – 505-786-2536

b. NAIHS DAMC – Jericho Lewis – Chief Contracting Officer – 928-871-1317

c. NAIHS DIT – Shelton Johnson – Information Technology Specialist – 928-871-

9: SECTION 508 AND ACCESSIBILITY

• This product must conform to the Revised Section 508 (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines) and WCAG 2.0 Level AA standards as outlined below.

https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$ https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$

• Solicitations for supplies and services shall require the submission of a Section 508 Product

Assessment Template. The template can be found at https://www.itic.org/policy/accessibility/vpat.

BEGINNING of Provision 352.239-73

352.239-73 Electronic Information and Technology Accessibility Notice.

(a) As prescribed in HHSAR 339.203-70(a), the Contracting Officer shall insert the following provision:

Electronic and Information Technology Accessibility Notice (December 18, 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of

1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT)

Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the

Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the

HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the

EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the

Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

Standards

The included standards that must be met for this contract are taken from the following two resources. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

• Section 508 Standards and Guidelines: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines

• Web Content Accessibility Guidelines (WCAG) 2.0: https://www.w3.org/TR/WCAG20/ https://urldefense.us/v3/__https:/www.itic.org/policy/accessibility/vpat__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGqh9oK21$ https://urldefense.us/v3/__http:/www.hhs.gov/web/508__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGuKiZbwY$ https://urldefense.us/v3/__http:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGhV697Vu$ https://urldefense.us/v3/__http:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGhV697Vu$ https://urldefense.us/v3/__http:/www.hhs.gov/web/508__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGuKiZbwY$ https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$ https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$ https://urldefense.us/v3/__https:/www.w3.org/TR/WCAG20/__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGugLLtQK$

Electronic content must be accessible to HHS acceptance criteria

Checklist for various formats are available at http://508.hhs.gov, or from the IHS Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html, (email:

IHSSection508@ihs.gov). Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

Electronic Content Accessibility - Web Based

• 602 Support Documentation

• 603 Support Services

• All WCAG A & AA Success Criteria

Support Documentation Accessibility

• E602.1 General - Documentation that supports the use of ICT shall conform to 602.

• E602.2 Accessibility and Compatibility Features - Documentation shall list and explain how to use the accessibility and compatibility features required by Chapters 4 and 5. Documentation shall include accessibility features that are built-in and accessibility features that provide compatibility with assistive technology.

• E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

• E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

• E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

• E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

• E603.1 General - ICT support services including, but not limited to, help desks, call centers, training services, and automated self-service technical support, shall conform to 603.

• E603.2 Information on Accessibility and Compatibility Features - ICT support services shall include information on the accessibility and compatibility features required by 602.2.

• E603.3 Accommodation of Communication Needs - Support services shall be provided directly to the user or through a referral to a point of contact. Such ICT support services shall accommodate the communication needs of individuals with disabilities.

• WCAG – All WCAG 2.0 A & AA Success Criteria

EXCEPTION:

o Non-Web documents shall not be required to conform to the following four WCAG 2.0 Success

Criteria: 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4

Consistent Identification.

o E205.4.1 Word Substitution when Applying WCAG to Non-Web Documents. For non-Web documents, wherever the term "Web page" or "page" appears in WCAG 2.0 Level A and AA

Success Criteria and Conformance Requirements, the term "document" shall be substituted for the terms "Web page" and "page". In addition, in Success Criterion in 1.4.2, the phrase "in a document" shall be substituted for the phrase "on a Web page".

• Appendix A – Section 508 of the Rehabilitation Act: Application and Scoping Requirements o E208 Support Documentation and Services

• Appendix C – Functional Performance Criteria and Technical Requirements o 302 - Functional Performance Criteria o 602 – Support Documentation o 603 – Support Services

Functional Performance Criteria https://urldefense.us/v3/__http:/508.hhs.gov/__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtSQHU5w$ https://urldefense.us/v3/__https:/www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGkwe8Miq$ mailto:IHSSection508@ihs.gov

• 301.1 Scope - The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping

Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

• 302.1 Without Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

• 302.2 With Limited Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

• 302.3 Without Perception of Color - Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

• 302.4 Without Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

• 302.5 With Limited Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

• 302.6 Without Speech - Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

• 302.7 With Limited Manipulation - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

• 302.8 With Limited Reach and Strength - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

• 302.9 With Limited Language, Cognitive, and Learning Abilities - ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

END of Provision 352.239-73

BEGINNING of Clause 352.239-74

352.239-74 Electronic and Information Technology Accessibility.

As prescribed in HHSAR 339.203-70(b), insert the following clause:

Electronic and Information Technology Accessibility (December 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce

Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers

Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the

Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part

1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508

Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of

Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

Standards https://urldefense.us/v3/__http:/www.hhs.gov/web/508__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGuKiZbwY$ https://urldefense.us/v3/__http:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGhV697Vu$ https://urldefense.us/v3/__http:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGhV697Vu$

The included standards that must be met for this contract are taken from the following two resources. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

• Section 508 Standards and Guidelines: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines

• Web Content Accessibility Guidelines (WCAG) 2.0: https://www.w3.org/TR/WCAG20/

Electronic content must be accessible to HHS acceptance criteria

Checklist for various formats are available at http://508.hhs.gov, or from the IHS Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html, (email:

IHSSection508@ihs.gov). Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

Electronic Content Accessibility - Web Based

• 602 Support Documentation

• 603 Support Services

• All WCAG A & AA Success Criteria

Support Documentation Accessibility

• E602.1 General - Documentation that supports the use of ICT shall conform to 602.

• E602.2 Accessibility and Compatibility Features - Documentation shall list and explain how to use the accessibility and compatibility features required by Chapters 4 and 5. Documentation shall include accessibility features that are built-in and accessibility features that provide compatibility with assistive technology.

• E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

• E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

• E602.3 Electronic Support Documentation - Documentation in electronic format, including Web-based self-service support, shall conform to Level A and Level AA Success Criteria and Conformance

Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

• E602.4 Alternate Formats for Non-Electronic Support Documentation - Where support documentation is only provided in non-electronic formats, alternate formats usable by individuals with disabilities shall be provided upon request.

• E603.1 General - ICT support services including, but not limited to, help desks, call centers, training services, and automated self-service technical support, shall conform to 603.

• E603.2 Information on Accessibility and Compatibility Features - ICT support services shall include information on the accessibility and compatibility features required by 602.2.

• E603.3 Accommodation of Communication Needs - Support services shall be provided directly to the user or through a referral to a point of contact. Such ICT support services shall accommodate the communication needs of individuals with disabilities.

• WCAG – All WCAG 2.0 A & AA Success Criteria

EXCEPTION:

o Non-Web documents shall not be required to conform to the following four WCAG 2.0 Success

Criteria: 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4

Consistent Identification.

o E205.4.1 Word Substitution when Applying WCAG to Non-Web Documents. For non-Web documents, wherever the term "Web page" or "page" appears in WCAG 2.0 Level A and AA

Success Criteria and Conformance Requirements, the term "document" shall be substituted for the terms "Web page" and "page". In addition, in Success Criterion in 1.4.2, the phrase "in a document" shall be substituted for the phrase "on a Web page".

https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$ https://urldefense.us/v3/__https:/www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtYskXr6$ https://urldefense.us/v3/__https:/www.w3.org/TR/WCAG20/__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGugLLtQK$ https://urldefense.us/v3/__http:/508.hhs.gov/__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGtSQHU5w$ https://urldefense.us/v3/__https:/www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGkwe8Miq$ mailto:IHSSection508@ihs.gov

• Appendix A – Section 508 of the Rehabilitation Act: Application and Scoping Requirements o E208 Support Documentation and Services

• Appendix C – Functional Performance Criteria and Technical Requirements o 302 - Functional Performance Criteria o 602 – Support Documentation o 603 – Support Services

Functional Performance Criteria

• 301.1 Scope - The requirements of Chapter 3 shall apply to ICT where required by 508 Chapter 2 (Scoping

Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

• 302.1 Without Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that does not require user vision.

• 302.2 With Limited Vision - Where a visual mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited vision.

• 302.3 Without Perception of Color - Where a visual mode of operation is provided, ICT shall provide at least one visual mode of operation that does not require user perception of color.

• 302.4 Without Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that does not require user hearing.

• 302.5 With Limited Hearing - Where an audible mode of operation is provided, ICT shall provide at least one mode of operation that enables users to make use of limited hearing.

• 302.6 Without Speech - Where speech is used for input, control, or operation, ICT shall provide at least one mode of operation that does not require user speech.

• 302.7 With Limited Manipulation - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that does not require fine motor control or simultaneous manual operations.

• 302.8 With Limited Reach and Strength - Where a manual mode of operation is provided, ICT shall provide at least one mode of operation that is operable with limited reach and limited strength.

• 302.9 With Limited Language, Cognitive, and Learning Abilities - ICT shall provide features making its use by individuals with limited cognitive, language, and learning abilities simpler and easier.

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.

Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508

Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the

Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

END of Clause 352.239-74

352.226-4 Notice of Indian Small Business Economic Enterprise set-aside.

https://urldefense.us/v3/__http:/www.hhs.gov/web/508__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGuKiZbwY$ https://urldefense.us/v3/__http:/www.hhs.gov/web/508__;!!Og_tST9LxTiQE1I!ot9uIzM81UxANaCi-JKoNXJaAz-EVqD3nPt-xExg3u1tahIUK7RUqVXFSJLQPAsuowkwcEObJBSh1QxCIbRr_IKYGuKiZbwY$

As prescribed in HHSAR 326.604-2(b)(1), and in lieu of the requirements of 48 CFR 19.508, the

Contracting Officer shall insert the following provision:

Notice of Indian Small Business Economic Enterprise Set-Aside

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic

Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR § 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website (www.IHS.gov/DAP), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

(End of clause)

352.226-5 Notice of Indian Economic Enterprise set-aside.

As prescribed in HHSAR 326.604-2(e)(2), the Contracting Officer shall insert the following clause:

Notice of Indian Economic Enterprise Set-Aside

(a) Definitions as used in this clause:

Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43 U.S.C. 1601-1629h.

Indian means a person who is an enrolled member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act.

Indian Economic Enterprise means any business activity owned by one or more Indians or

Indian Tribes that is established for the purpose of profit provided that: The combined Indian or

Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or

Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(i) At the time an offer is made in response to a written solicitation;

(ii) At the time of the contract award; and

(iii) During the full term of the contract.

Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community that is recognized as eligible for the special programs and services provided by the United States to

Indians because of their status as Indians, including any Alaska Native village or regional or village corporation under the Alaska Native Claims Settlement Act (Pub. L. 92-203, 85 Stat. 688;

43 U.S.C. 1601).

Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C.

47, in accordance with the procedures in Subpart 326.606.

(b) General.

(1) Under the Buy Indian Act, offers are solicited only from Indian Economic Enterprises.

(2) The CO will reject all offers received from ineligible enterprises.

(3) Any award resulting from this solicitation will be made to an Indian Economic Enterprise, as defined in paragraph (a) of this clause.

(c) Required submissions. In response to this solicitation, an offeror must also provide the following:

(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 352.226-6, Subcontracting Limitations clause; and

(2) Qualifications of the key personnel (if any) that will be assigned to the contract.

(d) Required assurance. The offeror must provide written assurance to the CO that the offeror is and will remain in compliance with the requirements of this clause. It must do this before the CO awards the Buy Indian Act contract and upon successful and timely completion of the contract, but before the CO accepts the work or product.

(e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause the CO to find an offer non-responsive and reject it.

(f) Eligibility.

(1) Participation in the Mentor-Protégé Program established under section 831 of the National

Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian

Economic Enterprise ineligible for contracts awarded under the Buy Indian Act.

(2) If a contractor no longer meets the definition of an Indian Economic Enterprise after award, the contractor must notify the CO immediately and in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that:

(i) The economic enterprise may be declared ineligible for future contract awards under this part;

and

(ii) The CO may consider termination for default if it is in the best interest of the government.

(g) Representation. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian

Economic Enterprises (326.606). As required by HHSAR 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought

Notices, Request for Information (RFI) and as part of the proposal submission. The Indian

Economic Enterprise Representation form, available on the IHS DAP public website

(www.IHS.gov/DAP), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not Indian

Economic Enterprises shall not be considered.

(End of clause)

352.226-6 Indian Economic Enterprise Subcontracting Limitations

As prescribed in HHSAR 326.604-2(e)(3), the Contracting Officer shall insert the following clause:

Indian Economic Enterprise Subcontracting Limitations

(a) Definitions as used in this clause.

(1) Indian Economic Enterprise means any business activity owned by one or more Indians or

Indian Tribes that is established for the purpose of profit provided that: The combined Indian or

Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or

Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(i) At the time an offer is made in response to a written solicitation;

(ii) At the time of the contract award; and

(iii) During the full term of the contract.

(2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-

14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract.

The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-

14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Health Service or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for general services, A&E services and construction awarded under this contract.

(End of clause)

352.226-7 Indian Economic Enterprise Representation.

As prescribed in HHSAR 326.604-2(e)(4), the Contracting Officer shall insert the following provision:

Indian Economic Enterprise Representation

(a) The offeror must represent as part of its offer that it does meet the definition of Indian

Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise

Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met.

(c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

(End of provision)

10: END OF LIFE AND END OF SALES CIRCUMSTANCES

10.1 Manufacturer Upgrades and Retirement Solutions: If the Contractor has determined a proposed product with the manufacturer that an upgrade to replace existing components or retiring of a technical or feature solution is warranted within 12-months of the period of performance of this project, the Contractor shall recommend the next available product line or solution that meets the SOW requirements.

10.2 End-Of-Life and End-Of-Sale Bill of Material components: If the Contractor has determined a product, technical or feature, will be at End-of-Life (EOL) or End-of-Sale

(EOS), within 12-months of the period of performance, the Contractor shall recommend the next available product line that meets the SOW requirements.

9: SECTION 508 AND ACCESSIBILITY
10: END OF LIFE AND END OF SALES CIRCUMSTANCES

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