SF 1449_75H70426R00003 V2 Amd 2 Track Changes.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1 40

2. CONTRACT NO.

3.

AWARD/ EFFECTIVE DATE

4.

ORDER NUMBER

5.

SOLICITATION NUMBER

75H70426R00003 6.

SOLICITATION ISSUE DATE

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

DARRYL SMITH

b. TELEPHONE NUMBER

(No collect calls)

8. OFFER DUE DATE/LOCAL TIME

1000 ET

9. ISSUED BY

CODE

10.

THIS ACQUISITION IS

X UNRESTRICTED OR

SET ASIDE:

% FOR:

Indian Health Service Division of Acquisition Policy 5600 Fishers Lane, Mailstop 09E70 Rockville MD 20857

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN-OWNED

WOMEN-OWNED SMALL BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB)

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD (NAICS):

541611

11.

DELIVERY FOR FREE ON BOARD

12. DISCOUNT TERMS

SMALL BUSINESS (SDVOSB)

13a. THIS CONTRACT IS A RATED

8(A)

13b. RATING

SIZE STANDARD:

$24.5

(FOB) DESTINATION UNLESS

ORDER UNDER THE DEFENSE

14.

METHOD OF SOLICITATION

REQUEST FOR

BLOCK IS MARKED SEE SCHEDULEX

15. DELIVER TO

CODE

PRIORITIES AND ALLOCATIONS SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

REQUEST FOR QUOTE (RFQ)

INVITATION FOR BID (IFB)

X PROPOSAL (RFP)

17a. CONTRACTOR/ OFFEROR

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19.

20.

IS CHECKED

21.

SEE ADDENDUM

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

IHS Hospital Leadership and Management Support (HLMS) for Readiness Agencywide IDIQ (Single or MultiAward)

See 1449 continuation page(s) for RFP specifics.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

1 BASE YEAR

Hospital Leadership Support

TOTAL COST:

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAX

· 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

· ARE

ARE NOT ATTACHED.

· ARE NOT ATTACHED.X

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

DARRYL O. SMITH

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

OPTION YEAR 1

Hospital Leadership Support

TOTAL COST:

(Option Line Item)

OPTION YEAR 2

Hospital Leadership Support

TOTAL COST:

(Option Line Item)

OPTION YEAR 3

Hospital Leadership Support

TOTAL COST:

(Option Line Item)

OPTION YEAR 4

Hospital Leadership Support

Continued ...

32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

332b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 2e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

75H70426R00003

PAGE OF

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NOTE: Price Quote details shall be provided by offeror in Volume III of proposal.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

Indian Health Service Public Health Service

DEPARTMENT OF HEALTH & HUMAN SERVICES

Phase II Oral Response Due: January 15 & 16, 2026 is reserved for oral presentations. Your date/time will be confirmed by the CO after the completion of Phase I.

Phase II KP Resume Due: January 13, 2026 at 5:00PM EST

SUBJECT: Request for Response to Advisory Multistep Process for IHS Hospital Leadership and Management Support (HLMS) for Readiness Agencywide IDIQ (Single or MultiAward) requirement & Posting of Solicitation Dear Prospective Offeror, This document provides for a dual purpose to advise offerors of a two-Phase solicitation process; Phase I is an Advisory Multistep Process and evaluation of responses from potential offerors pursuant to RFO FAR 15.101 (e). Phase II is the formal solicitation process and evaluation of offers pursuant to RFO FAR 12 in conjunction with source selection procedures in RFO FAR 15. The purpose of the two-Phase acquisition is lower the barrier to entry for contractors and allow evaluators to notify contractors that their proposal is unlikely to garner award but allows them to continue competing if they choose. This gives contractors an opportunity to withdraw from competition before bearing the costs of a full proposal submission reducing risk, cost, and time for both the contractor and the government.

As such, the United States Government, represented by the Indian Health Service (IHS) invites potential offerors to participate in Phase I pursuant to RFO FAR 15.101 (e) - Advisory Multi-Step Process, to submit preliminary information to allow the Government to determine whether the offeror could be a viable competitor for the IHS Hospital Leadership and Management Support (HLMS) for Readiness Agencywide IDIQ (Single or MultiAward) requirement. Phase I requests Corporate Experience from potential offerors in accordance with the instructions in Section L. Responses will be evaluated in accordance with the Phase I evaluation criteria in Section M. Offeror’s should consult the PWS for HLMS in Attachment 2 of this solicitation to respond appropriately to Phase I evaluation criteria.

IHS will evaluate all Phase I responses in accordance with the stated criteria and will advise each respondent in writing, that it is either likely or unlikely to be a viable competitor. IHS will advise respondents considered not to be viable competitors of the general basis for that opinion. Notwithstanding the advice provided by IHS in response to submissions, respondents may participate in Phase II of the solicitation.

At the completion of Phase I, participating contractors are invited to respond to the solicitation requirements in Phase II in accordance with the solicitation instructions set forth in section L. Phase II offers will be evaluated in accordance with the criteria in section M.

Phase I and II are independent of one another and follow different FAR procedures as noted herein. While it is advisable to participate in Phase I, it is not required and has no bearing in terms of overall score in Phase II of the acquisition. Deadlines for both Phases are noted in this cover letter. IHS expects the completion of Phase I to be on or around January 7th, 2026. Your organization will receive an advisory notice on or around the noted date unless otherwise communicated. The expected award date for this acquisition is no later than January 31, 2026.

This Notice/RFP employs several approaches intended to streamline the acquisition process including Advisory Multi-Step Process described under FAR 15.101, use of confidence ratings and Highest Technically Rated with a Fair and Reasonable Price.

Any questions regarding this Notice/RFP must be submitted in accordance with Section L instructions and responses will be communicated on a rolling basis. The government will work to provide timely responses. This is to ensure offerors receive timely responses to craft the best response/solution to the government’s requirements in either Phase. Questions can be submitted up until the deadline for any specific phase. If appropriate, a Notice/RFP amendment will be issued, should there be substantial revisions required as a result of questions.

Issuance of this Notice/RFP does not constitute an award commitment on the part of the U.S Government nor does it commit the U.S. Government to pay for the costs incurred in the preparation and submission of a proposal. The Government also reserves the right to not make an award.

Thank you for your interest in IHS programs. Sincerely, 1449 Continuation Page(s) RFP No. 75H70426R00003

HILLARY A.

Digitally signed by

HILLARY A.

MARSHALL MARSHALL -S

Date: 2025.12.22-S

13:45:52 -05'00' Hillary A. Marshall Contracting Officer

SECTION A – CONTINUATION OF SF-1449 - SOLICITATION / CONTRACT / ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES FORM

A.1 General Information Title: IHS Healthcare Leadership & Management Support (HLMS)– Agencywide IDIQ Agency/Office: Department of Health and Human Services (HHS), Indian Health Service (IHS), Office of Quality (OQ) Solicitation Type & Value: This acquisition is greater than $9 million and uses the procedures in RFO FAR 12.202 in conjunction with the procedures in RFO FAR 15 for requests for proposals (RFPs). The estimated value for the IDIQ ceiling to include the Base and all option years is between $50M- $55M.

Type of Services: Commercial Extent of Competition: Full and Open Competition NAICS: 541611 – Administrative Management & General Management Consulting Services PSC: R499 – Support: Professional – Other Contract Type: Single or Multiple-Award Indefinite Delivery/Indefinite Quantity (IDIQ) with Time-and-Materials (T&M) Task Orders, as appropriate Performance Locations(s) for PWS: The United States of America. The labor will be performed at a mix of both the Government and Contractor sites (mostly Project Manager work).

Contracting Office: IHS Division of Acquisition Policy (DAP)

[END OF SECTION A]

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose

The purpose of the IHS Healthcare Leadership & Management Support (HLMS) Agencywide IDIQ is to provide consultation and professional support services to federal Indian Health Service (IHS) healthcare facilities, with an emphasis on healthcare leadership, accreditation, and operational and financial management support.

B.2 Contract Type

The contract type is Time-and-Materials (T&M). The preponderance of services will be acquired using the Direct Labor CLIN with fixed hourly rates. The Materials CLIN is for authorized travel performed under this contract and any other direct costs approved by the Contracting Officer as defined in FAR 52-214-4 Alt I (a) (Deviation Nov 2025). Travel may be authorized by the Contracting Officer’s Representative.

B.3 Ceiling Price(s)

The ceiling price for the performance of the work required hereunder is $TBD. IHS will not pay the Contractor any sum in excess of the ceiling price. The total ceiling price is calculated based on the sum of all contract CLINs.

B.3.1 Ceiling Price Direct Labor (Time) The quantities provided in Attachment 1- Pricing Schedule are provided for budgeting, evaluation of offers, and are the basis of calculation for the total ceiling price for direct labor (encompassing all X001 CLINs) performed under this contract. The fully burdened hourly rates contained in Attachment 1 apply to all labor (both prime and any subcontractors) under this contract.

The number of hours allotted for any labor category may be used in any other labor category, subject to the written approval of the Contracting Officer’s Representative (COR).

B.3.2 Ceiling Price (Time & Materials) – Travel

The not-to-exceed price for travel conducted under this contract are those provided by the Government in Attachment 1- Pricing Schedule. Any unused travel ceiling may be realigned to the Direct Labor CLIN should the CO determine it is necessary.

B.4 Contract Line Items– Summary Table

Summary pricing for Contract Line Item Numbers (CLINs) are as follows:

Support – Direct Labor

Attachment 1: Pricing Sheet contains specific pricing.

B.5 Contract Pricing

B.5.1 Contract Pricing – Direct Labor CLINs X001 Under this contract, the contractor shall accomplish the tasks, goals and objectives of the Performance Work Statement (PWS) (Attachment 2) with the appropriate mix of Direct Labor categories at fixed hourly rates as described in Attachment 1: Pricing Schedule.

B.5.2 Contract Pricing – Materials & Travel CLINS X002 Under this contract, the contractor shall be reimbursed for travel and other direct costs conducted directly in the performance of the services described in the Performance Work Statement (PWS). Specific costs related to travel may be variable as incurred but shall be consistent will the requirements set forth in Section G.5.

[END OF SECTION B]

SECTION C – DESCRIPTION / STATEMENT OF WORK (SOW) C.1

A detailed Performance Work Statement (PWS) is provided in Attachment 2. [END OF SECTION C]

SECTION D – PACKAGING AND MARKING

All deliverables required to be submitted in the performance of this contract shall be submitted electronically via secure means to the Contracting Officer Representative (COR). See Attachment 2: PWS – Section 7: Deliverables Schedule.

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance All work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor. Inspection/Acceptance is pursuant to FAR 52.212-4(b) and Alt I (Deviation Nov 2025).

E.2 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports, and other deliverables will be performed by the COR in accordance with the inspection and acceptance terms of the contract. See inspection/acceptance criteria in Attachment 4 – QASP.

E.3 General Acceptance Criteria In addition to the inspection and acceptance requirements specified in the contract, general quality measures, as set forth below, will be applied to each work product received from the Contractor under this contract:

· Accuracy – Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

· Clarity – Work products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

· Consistency to Requirements – All work products must satisfy the requirements of the Performance Work Statement (PWS).

· File Editing – All text and diagrammatic files shall be editable by the Government.

· Format – Work products shall be submitted electronically. The electronic copy must be in a format as indicated in Attachment 2: PWS – Section 7: Deliverables Schedule.

[END OF SECTION E]

SECTION F –DELIVERIES OR PERFORMANCE

F.1 Period of Performance The period of performance shall consist of a one-year base period, and four (4) one-year option periods, if exercised:

Base Period: 02/01/2026 through 01/31/2027 Option Period 1: 02/01/2027 through 01/31/2028 Option Period 2: 02/01/2028 through 01/31/2029 Option Period 3: 02/01/2029 through 01/31/2030 Option Period 4: 02/01/2030 through 01/31/2031 FAR 52.217-8, Option to Extend Services, may be exercised to extend performance up to six (6) additional months (dates to be specified at time of exercise).

Orders may be placed during the active PoP and may extend one year beyond the end of the PoP.

F.2 Place of Performance Nationwide.

Under this contract, the Contractor shall provide comprehensive, high-quality, and efficient delivery of Leadership Services. Locations and the number of facilities will vary throughout performance and will be identified at the Task Order level.

F.3 Deliverables See Attachment 2: PWS – Section 7: Deliverables Schedule.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Authorities of Government Personnel Notwithstanding the Contractor’s responsibility for total management during performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will serve as Government points of contact:

The primary POC Pre-Award is the PCO with the ACO as a secondary POC.

A. Procuring Contracting Officer (PCO):

Hillary A. Marshall HHS/IHS/Division of Acquisition Policy (DAP) Email: Hillary.Marshall@ihs.gov The primary POC Post-Award is the ACO. All communications post award regarding contractual and/or administrative matters during performance under this contract shall be sent to:

B. Administrative Contracting Officer (ACO):

Darryl Smith HHA/IHS Division of Acquisition Policy (DAP) Email: Darryl.Smith@ihs.gov All communications relating to technical matters during performance under this contract shall be sent to the Contracting Officer’s Representative (COR):

Name: [To Be Specified at Time of Award] Email: [To Be Specified at Time of Award] Note: The Contracting Officer is the only individual authorized to modify the contract in terms of cost, schedule and period of performance.

G.2 Contractor Personnel POC:

The Contractor’s Primary Point of Contact, the Project Manager and Key Personnel, stated in the PWS, is: [To Be Specified at Time of Award] The Contractor’s POC for CPARS is: [To Be Specified at Time of Award] G.3 Contracting Officer’s Representative (COR) Authority Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing by the Contracting Officer specifying the limits of authority.

“Technical direction” includes, without limitation, direction to the Contractor that:

· Directs or redirects the labor effort;

· Shifts work between work areas or locations;

· Fills in details; and

· Otherwise serves to ensure that tasks outlined in the PWS are accomplished satisfactorily.

(a) 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.

(b) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five (5) workdays, with a copy to the Contracting Officer.

(c) The Contractor shall proceed promptly with performance resulting from technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or designee, falls within the limitations in paragraph (a) above, the Contractor shall immediately notify the Contracting Officer, no later than the beginning of the next Government workday.

(d) 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 “Disputes” clause.

G.4 Invoices – Electronic Invoicing and Payment (IPP) All invoice submissions for goods and/or services delivered under this contract must be submitted electronically through the U.S. Department of Treasury’s Invoice Processing Platform (IPP).

· “Invoice submission for payment” includes any request for contract financing payment or invoice payment by the Contractor.

· A proper invoice must comply with the applicable Prompt Payment clause, or RFO FAR 52.212-4 (NOV 2025) in commercial item contracts.

· The IPP website address is: https://www.ipp.gov.

If the Contractor is unable to comply with the IPP requirement, a written request for waiver, with supporting justification, must be submitted to the Contracting Officer.

G.5 Travel-Related Costs The Contractor will be reimbursed for domestic travel costs in accordance with RFO FAR 31.205-46, provided such travel is necessary, reasonable, and directly related to performance of this contract.

Allowable travel costs include:

· Coach/economy airfare (subject to limited exceptions when justified);

· Rail travel by most direct route, coach-class accommodations;

· POV or rental vehicle mileage or actual expenses in accordance with the Federal Travel Regulation (FTR); and

· Lodging, meals, and incidental expenses not to exceed FTR per diem rates.

G.6 IDIQ Ordering Procedures See Attachment 4: IDIQ Ordering Procedures.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Prohibition Against Personal Services The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create or give the appearance of a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

H.2 Contractor Performance Evaluation(s) Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Interim evaluations will occur on an annual basis upon the completion of the first year of the contract. The Contractor Performance Assessment Reporting System (CPARS) will be used for these reviews.

Information on CPARS is located at http://www.cpars.gov.

Contractors may, at their discretion submit a self-assessment to the COR and contracting officer to consider when documenting performance, at no additional cost to the Government. The self-assessment must be submitted to the COR and contracting officer at least 30 days prior to completion of the first year, and each following year.

H.3 Restrictions on Contractor Access to Government or Third-Party Information The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to OQ’s protected personally identifiable information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who require it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have a right to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) (ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

(i) Promptly notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this section of the contract may provide grounds for the Government to:

(i) Require the contractor to remove the contractor employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

H.4 Post Award Organizational Conflict of Interest

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email).

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requiring a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract, or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.5 Contractor Personnel Identification Contractor and subcontractor employees are required to identify themselves as contractor personnel in all contract related meetings with government personnel, or the general public, and in all contract related communication, to include oral and written correspondence.

At a minimum, emails and voicemails shall include the following details:

1 Name 2 Title 3 Site Location 4 Job Function/Assignment

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

All incorporated clauses are current through Federal Acquisition Circular (FAC) 2025-06, dated October 1, 2025.

52.203-6 with Alt I

52.219-9 with Alt II

2025) Applicable Law for Breach of Contract Claim

2025) Security Prohibitions and Exclusions

(RFO Sep 2025) Subcontracts for Commercial Products and Commercial Services

I.2 Tailored FAR Clauses

The Government contemplates a hybrid type Firm Fixed-Unit Price (FFUP) and Time and Materials (T&M) contract resulting from this solicitation.

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the end of the current period of performance.

(End of Clause)

(a) The Government may extend the term of this contract by written notice to the Contractor anytime prior to the end of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

I.3 HHSAR Clauses

I.4 Tailored HHSAR Clauses

Contractors and subcontractors shall provide a roster containing the name, position, e-mail address, phone number, and responsibilities of each employee, including subcontractors, performing work under the contract to develop, have the ability to access, or host and/or maintain a government information system(s). The roster must be submitted to Contracting Officer within five (5) business days.

Report of known or suspected incident or breach. The Contractor, subcontractor, third-party affiliate or business associate, and its employees shall notify HHS immediately via the Contracting Officer and the COR or within one (1) hour of a known or suspected incident or breach. The initial notification may first be made verbally but must be followed up in writing within one (1) hour. Report all actual or suspected incident and breach information to the Contracting Officer and the COR as identified in the contract or as directed in the contract, within one hour of discovery or suspicion.

Such issues shall be remediated as quickly as is practical, but in no event longer than how within the timeline required by Department of Health and Human Services (HHS)/Office of Chief Information Officer (OCIO) policies and in accordance with supplemental requirements inserted in the contract) [will be inserted into item (j)(1) of clause by CO] When the security fixes involve installing third party patched (e.g., Microsoft OS patches or Adobe Acrobat), the Contractor will provide written notice to HHS that the patch has been validated as not affecting the systems within 10 working days. When the Contractor is responsible for operations or maintenance of the systems, they shall apply the security fixes within the timeline required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract)

Notification of System of Records Notice (Deviation)

(a) This contract provides for the design, development, or operation of a system of records about individuals from which information about an individual is retrieved by the individual’s name or by some other identifying particular assigned to the individual.

(b) The System of Records Notice(s) (SORN(s)) that is applicable to this contract is/are: 09-80-0321 ORR Unaccompanied Children Bureau (UCB) Administrative Program Records, 89 FR 100500 (12/12/24)

(c) The System of Records design, development, or operation work the Contractor is to perform is: Personally identifiable Information

(d) The disposition to be made of the Privacy Act records upon completion of contract performance is as follows: Upon completion of contract performance, HHS/HQ/OQ will provide instructions to the Contractor (through the COR) for securely transferring or destroying, in accordance with NIST SP 800-88, any agency records (including any Privacy Act records) that are in the contractor’s (or any subcontractor’s) custody or control.

(e) Subcontract flow down. The Contractor is required to include this clause in all subcontracts at any tier performing work under the prime contract involving design, development, or operation work involving a System of Records.

(End of clause)

Confidential Information (Deviation) The publication or dissemination of the following types of information are restricted under this contract: Information covered by Attorney-Client Privilege.

A valid authority to operate (ATO) certifies that the Contractor's information system meets the contract's requirements to protect the agency data. If the system under this contract does not have a valid ATO, the Contractor shall work with the agency and supply the deliverables required to complete the ATO within the specified timeline(s) of: HHS/OCIO policies.

Are there any additional policies that should apply to the Assessment and Authorization (A&A) that are not included in item (b)1 of the clause? None What is the timeline, process and format for A&A package delivery? Within timeline, process, and format required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

Are there any other specific A&A deliverables that are due, other than the baseline deliverables2? All A&A deliverables required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract

What is the timeline, process and format for the System Security Plan deliverable? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline, process and format for the Security Assessment Plan/Report (SAP/SAR) deliverable? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract

What type3 of assessment is required for the SAP/SAR deliverable? independent What is the timeline(s) for the assessment of security controls? Required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract What is the timeline, process and format for the Independent Assessment deliverable? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

The Independent Assessment shall review and analyze the security authorization package and report on technical, operational, and management level deficiencies as outlined in NIST SP 800-53. The contractor shall address all “high” deficiencies from the Independent Assessment before submitting the package to the Government. Are there any other deficiencies for which the requiring activity requires mitigation by the Contractor prior to submitting the package to the Government? None

What is the timeline, process and format for the Plan of Actions and Milestones (POA&M) deliverable from the date weaknesses are formally identified and documented? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline for POA&M critical-risk weakness mitigation from the date identified and documented? Within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline for POA&M high-risk weakness mitigation from the date identified and documented? Within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline for POA&M medium weakness mitigation from the date identified and documented? Within by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline for POA&M low weakness mitigation from the date identified and documented? Within HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract).

The POA&M is updated at least quarterly. What is the timeline, process, and format if more frequent updates are needed: As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

What is the timeline, process and format for the Contingency Plan and Contingency Plan Test deliverable? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract).

Annual assessment/penetration (pen) test. The Contractor shall assess the system security and privacy controls (or ensure an assessment of the controls is conducted) at least annually to determine the implemented security and privacy controls are operating as intended and producing the desired results (this involves penetration testing conducted by the agency or independent third-party Additional requirements for the annual assessment/penetration (pen) test? As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

Asset management inventory data is required to be produced at least: As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract).

Vulnerability management - The contractor shall maintain a capability to provide security vulnerability scanning information for 100% of IT assets using SCAP-compliant automated tools and report to the agency at least: As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

Configure laptops and desktops in accordance with the latest applicable United States Government Configuration Baseline, and HHS Minimum Security Configuration Standards, and: As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract.

The contractor must maintain the latest operating system patch release and anti-virus software definitions at least: As required by HHS/OCIO policies and in accordance with supplemental requirements inserted in the contract).

Policies already included in the clause: HHS IS2P/https://intranet.hhs.gov/policy/hhs-policy-information-security-and-privacy-protection-is2p, NIST SP 800-37, Guide for Applying the Risk Management Framework to Information Systems: A Security Life Cycle Approach (latest revision), NIST SP 800-53B, Control Baselines for Information Systems and Organizations, and the NIST SP 800-53A (latest revision). 2 System Security Plan, Security Assessment Plan/Report, Privacy Threshold Analysis, System Privacy Plan and Privacy Control Assessment, Independent Assessment, Plan of Actions and Milestones 3 e.g., independent, etc. [END OF SECTION I]

SECTION J – LIST OF ATTACHMENTS

Attachment J.1 – Pricing Schedule Attachment J.2 – Performance Work Statement Attachment J.3 – QASP Attachment J.4 – IDIQ Ordering Procedures Attachment J.5 – Past Performance Report - Short Form Attachment J.6 – Small Business Subcontracting Plan (To be incorporated at time of award)

[END OF SECTION J]

SECTION K - Representations, Certifications, and Other Statements of Offerors.

K.1 Special Notice System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraphs (d) and (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting Officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

[END OF SECTION K]

SECTION L - Instructions, Conditions, and Notices to Offerors

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

FAR: https://www.acquisition.gov/far/ RFO: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide HHSAR: https://www.acquisition.gov/hhsar L.2 FAR Provisions

The solicitation document, along with all incorporated provisions is current through Federal Acquisition Circular (FAC) 2025-06, dated October 1, 2025.

(Deviation) Instructions to Offerors-Competitive Acquisition

) (RFO Sep 2025) Evaluation of Options

FAR provisions included in full text 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition (Nov 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control. (End of provision)

L.3 HHSAR Provisions

L.4 GENERAL INSTRUCTIONS

The following instructions establish the acceptable minimum requirements for the format and content of proposal submissions. The Procuring Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a proposal in response to this solicitation, it is understood that the proposal shall become a part of the official contract file. Any confidential or proprietary information should be marked as such.

2. Accurate and Complete Information. Offerors must set forth full, accurate, and complete information as required by this solicitation. The penalty for making false statements to the Government is prescribed in 18 U.S.C. 1001.

3. Offer Acceptability. The Government may determine an offer to be unacceptable if the offer does not comply with all of the terms and conditions of the solicitation and prospective contract.

4. Proposal Preparation Costs. The Government will not pay for any proposal preparation costs.

5. Offer Validity Period. Proposals must remain valid for acceptance by IHS for a minimum of 90 days.

7. Competition. This procurement provides for full and open competition. The contract will be awarded in accordance with RFO FAR 12 in conjunction with RFO FAR 15 source selection procedures.

8. Questions. Questions in response to this solicitation must be submitted in accordance with the instructions contained in the cover letter of this solicitation.