75H70520Q00027 RFQ Virtual Coding.docx

75H70520Q00027

VIRTUAL MEDICAL CODING

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION BLOCK

SECTION C - CONTRACT CLAUSES

C.10 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.5 BUSINESS ASSOCIATES AGREEMENT

D.6. IHS SECURITY AGREEMENT SUMMARY

SECTION E - SOLICITATION PROVISIONS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT ADMINISTRATION DATA

Contract Administration: All contract administration matters will be handled by the following individuals:

CONTRACTOR NAME AND ADDRESS:

TAX ID#_______________________

DUNS #________________________

GSA #_________________________

Phone_________________________

E-Mail ________________________

Person responsible for Contractor Performance Assessment Reporting System (CPARS), reporting if different from above:

Name: _________________________________ Title: _________________________________ Email: _________________________________

CONTRACTOR REGISTRATION: All required information must be in the System for Award Management (SAM) at www.sam.gov.

GOVERNMENT:

Jennifer.Richardson@IHS.gov

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is 518210 with a small business size standard of $25.0.

CONTRACT TYPE: Indefinite Delivery Contract, Indefinite Delivery-Indefinite Quantity

B.2 INVOICES: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of services or receipt of a proper invoice, whichever is later.

INVOICE INSTRUCTIONS:

Contractor shall provide all invoices to –

Indian Health Service Attn: Jennifer Richardson Contract Administrator 2225 Boring Ct NW Bemidji, MN 56601

BEM_AOInvoices@ihs.gov

At a minimum, a properly prepared invoice shall include:

1) Name and address of the Contractor.

2) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

3) IHS Contract No: TBD Task Order: TBD

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8) Contractor Taxpayer Identification Number (TIN).

9) Contractor Dun & Bradstreet Number (DUNS).

B.3 PAYMENT

a) The IHS Bemidji Division of Finance is designated for payment processing. Payment shall be made by electronic funds transfer (EFT). Payment shall be made in arrears.

b) The Contractor’s rate identified for services described herein is considered as an all-inclusive rate. All-inclusive is defined to include but is not limited to services, travel, lodging, liability insurance, fringe benefits, federal, state and local taxes, and all other costs pertinent to the performance of this contract.

Improperly prepared invoices or statements shall be returned to the contractor and may delay payment.

B.4 PLACE OF PERFORMANCE: VIRTUAL

40520 CO HWY 34

Ogema, MN. 56569

B.5 PERIOD OF PERFORMANCE:

Government anticipates a Base plus 1 option year

FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE.

It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: amount normally prevailing within the local community for the medical specialty concerned.

B.6 SCHEDULE OF PRICE /COSTS

The quantities in the Schedule are for pricing purposes and basis for evaluation for award and do not represent what the Government will order. The Government is using the Indefinite-Delivery, Requirements type contract because exact quantities cannot be pre-determined. The Government will issue orders in accordance with the Ordering and Requirements Clauses as needs arise and the contractor will be reimbursed for exact quantities performed at the prices quoted. The Government will Order during the life of this contract a minimum of $10,000 and a maximum of $150,000.

a. BASE YEAR PRICING:

BASE YEAR GRAND TOTAL

Minimum Order: $10,000 Maximum Order: $150,000

b. OPTION YEAR I:

OPTION YEAR I GRAND TOTAL

PURPOSE OF CONTRACT:

The Bemidji Area Indian Health Service (BAIHS) depends on contracting outside resources with a wide range of expertise in order to provide services not readily available within IHS. This firm-fixed unit priced contract will provide Medical Coding for the Bemidji Area Indian Health Services.

BACKGROUND:

To ensure proper reimbursement as well as regulatory compliance, the Centers of Medicare/Medicaid Services (CMS) and other third party payers have initiated precise guidelines for all providers. These guidelines include documentation requirements that demonstrate medical necessity, correct coding, and billing that depend on data integrity. The Office of Inspector General (OIG) of the United States Department of Health and Human Services (DHHS) believes that all participants in the Medicare and Medicaid programs have an ethical and legal duty to ensure the integrity of their transactions with CMS, Federal and State rules and regulations. These services will permit service units to move towards strict adherence to CMS, Federal and State compliance guidelines and maintain consistency with the highest standards of business and professional ethics. Coding and billing compliance are key components of Medicare’s condition of participation in fostering and monitoring improved health care outcomes.

Indian Health Service (IHS) uses the official coding guidelines for clinical classification systems such as, but not limited to, current editions of International Classification of Disease-Clinical Modification (ICD-CM), Current Procedural Terminology (CPT), Healthcare Common Procedure Coding System (HCPCS), American Dental Association (ADA), and complies with the Indian Health Service’s Third Party Resource and Internal Control Policy, and the Indian Health Service’s statistical and reporting systems for all departments.

The unit price paid to the Contractor shall be considered as payment in full for services provided under this contract. In no way shall the contractor attempt to bill or collect any monies for services provided under this contract from any IHS patient (or any alternate resource for which the patient may be eligible).

B.7 PERFORMANCE WORK STATEMENT:

VIRTUAL MEDICAL CODING SERVICES

White Earth Service Unit I. Purpose of Contract:

a. To provide medical coding services for the White Earth (Health Center) Service Unit (SU). This facility (Federal Service Unit) are under the guidance of the Bemidji Area Office. Each Service Unit of the Bemidji Area Office depends upon outside clinical support services such as medical and dental coding that are mission critical that are fundamental in the health care delivery system. This contract provides medical coding services via Virtual Private Network five (5) days a week.

II. Objective/Description of Need:

a. The White Earth Service Unit is experiencing a large backlog in coding medical and dental visits due to being short-staffed and unsuccessful recruiting efforts for the past six months. Medical Coding, the process by which medical procedures and diagnoses are represented and displayed by universal code numbers, is a system that plays a key role in modern healthcare operations. It allows organizations to communicate effectively with other healthcare systems throughout the US and the world. Coding also allows for uniform documentation between medical facilities. Having uniform data allows for efficient research and analysis, which government and health agencies use to track health trends much more efficiently. If the CDC, for example, wants to analyze the prevalence of viral pneumonia, they can search for the number of recent pneumonia diagnoses by looking for the ICD-10-CM code. Coding allows administrations to look at the prevalence and effectiveness of treatment in their facility. This is especially important to track the incidence of a certain disease, medical facilities can track the efficiency and effectiveness.

b. IHS is an agency within the U.S. Department of Health and Human Services and is responsible for providing federal health services to American Indians and Alaska natives. The provision of health services to members of federally recognized tribes grew out of the special government to government relationship between the federal government and Indian tribes. The IHS is the principle federal health care provider and health advocate for Indian people. The goal is to assure that comprehensive culturally acceptable personal and public health services are available and accessible to American Indians and Alaska Native people. The IHS currently provides health services to approximately 1.5 million American Indians and Alaska Natives who belong to more than 557 federally recognized tribes in 34 states.

c. The White Earth Service Unit needs the services of contract medical coders (“Contractor”) to interpret, analyze, and assign diagnostic and procedural codes. The coding function provides the primary source for data and information used in health care, promotes continuity of medical care, and ensures compliance with third party reimbursement policies, regulations and accreditation guidelines. White Earth Service Unit, includes a large comprehensive ambulatory facility located in Ogema, MN with an average of 104,000 encounters per year. The Naytahwaush Health Center averages 10,000 encounters per year and the Pine Point Health Station averages 1,500 encounters per year for a total 115,000 encounters per year for all three sites. Part of the encounters include telemedicine or telehealth visits with patients. Due to the Coronavirus Pandemic, our telehealth visits have increased for 2020.

III. Government Furnished Property, Facilities, and Services

a. The government will work with the contractor to establish secured connectivity to required systems.

b. The government will provide technical support contacts.

IV. Contractor Furnished Equipment, Facilities, and Services

a. CONTRACTOR warrants that assigned professionals (i.e. medical coders) are properly licensed, certified, accredited, trained and experienced, and are in compliance with all pertinent federal and state laws and regulatory rules and regulations.

b. CONTRACTOR will perform ICD-9/10-CM/PCS, CPT, HCPCS coding services in compliance with all rules, regulations, policies, procedures and guidelines, Health Insurance Portability and Accountability Act (HIPAA) and the Centers of Medicare and Medicaid Services (CMS).

c. CONTRACTOR will make the final determination that medico-legal requirements of the record is complete, accurate, and reflects sufficient data to justify the diagnosis and warrant treatment and end results.

d. CONTRACTOR will identify inconsistencies, discrepancies and/or trends within the medical record and discusses with the appropriate medical, nursing, or healthcare providers, and recommends appropriate modifications to include medical necessity under the Correct Coding Initiative.

e. CONTRACTOR will assign and sequence a variety of codes including but not limited to ICD/CPT/HCPCS codes based on the medical record analysis. Assures the final diagnoses and operative procedures as documented by the provider are valid and complete. When multiple diagnoses and procedures are listed, assures the procedure is related to the proper diagnosis.

f. CONTRACTOR will be responsible for reviewing patient medical records and/or health information data via the RPMS/EHR system in order to classify and assign numeric codes with respect to diagnosis, procedures, evaluation and management and other medical and/or related data.

g. CONTRACTOR will analyze and abstract information from the medical record to identify secondary complications and co-morbid conditions to assure appropriate assignment under the Diagnostic Related Group (DRG), Ambulatory Patient Classification (APC) systems, and other alternate resources.

h. CONTRACTOR will examine and interpret health information, documentation, data integrity and medical records for completeness, accuracy and proper data entry.

i. CONTRACTOR will analyze provider documentation to assure the appropriate Evaluation & Management (E&M) levels are assigned using the correct CPT/HCPCS code.

j. CONTRACTOR will assign ICD-9/10-CM/PCS codes to obtain maximum allocation under the diagnostic related group (DRG), ambulatory patient group (APG), system properly sequencing diagnosis and procedures in order of severity of illness treated.

k. CONTRACTOR will abstract all necessary information in accordance with clinical documentation and assign the appropriate evaluation and management (E&M) level of service, the correct CPT/HCPCS code and ICD-9/10-CM/PCS code.

l. CONTRACTOR will monitor their assigned professional’s performance via direct reports from the facility and random audits to assure the highest level of coding accuracy is maintained.

m. CONTRACTOR services shall include medical and dental coding/data entry and review of coding for encounters in the outpatient care setting.

n. CONTRACTOR warrants that assigned professionals have experience with abstracting, data entry, and provider notification including nursing staff, GPRA and Meaningful Use data elements.

o. CONTRACTOR will assign subject matter experts that are experienced with Minnesota Medicaid (or similar), Medicare and Private Insurance and maintain direct relationships with various third party payors allowing up to date information with adjudication of claims.

p. CONTRACTOR has experience and currently performs medical and dental coding services via Virtual Private Network (VPN) for various IHS and Tribal facilities and is familiar with the process.

q. CONTRACTOR organizational structure supports current and future demand by recruiting Revenue Cycle Management professionals with requisite skills to bring immediate results.

r. CONTRACTOR expectation of all assigned professional to be responsive and open to client needs and requests.

s. CONTRACTOR will implement a cross training plan for at least one (1) medical coders for possible staff shortages, extended leave, illness, separation, vacations, job abandonment, etc.

t. CONTRACTOR knows and understands the use and disclosure of Protected Health Information, including individually Identifiable Health Information is governed by the Health Insurance Portability and Accountability Act of 1996.

u. CONTRACTOR will maintain continuous communication with the White Earth Service Unit to understand the specific workload and any other project related needs.

v. CONTRACTOR will perform the coding and data entry services remotely via secure VPN.

w. Security: The CONTRACTOR shall obtain completed IHS ISSO Security Clearance prior to the start of a contract. This clearance will establish that the CONTRACTOR has provided sufficient local telecommunication network firewalls and procedures to ensure patient confidentiality and security consistent with HIPPA (Health Insurance Portability and Accountability Act of 1996) regulations

x. Interconnection Security Agreement (ISA): CONTRACTOR shall provide and complete an ISA with the IHS, prior to the performance of any actions related to the contract.

y. Business Associate Agreement (BAA): The CONTRACTOR shall complete an approved copy of a BAA to IHS, prior to performance of any actions related to the contract. This BAA will be attached to solicitation.

V. Professional Performance Conditions:

a. CONTRACTOR warrants that assigned professionals (i.e. medical coders) are properly licensed, certified, accredited, trained and experienced, and are in compliance with all pertinent federal and state laws and regulatory rules and regulations.

b. CONTRACTOR and assigned professionals must have thorough knowledge of medical terminology, abbreviations, techniques and surgical procedures; anatomy and physiology; major disease processes; pharmacology; and the metric system to identify specific clinical findings, to support existing diagnoses, or substantiate listing additional diagnoses in the medical record.

c. CONTRACTOR and assigned professionals must have skills in correlating pharmacy, laboratory, radiology, treatments and results with diagnoses.

d. CONTRACTOR and assigned professionals must have knowledge of Health Information Management theory, principles, practices, techniques, concepts and policies to analyze the medical record and participate in performance improvement activities.

e. CONTRACTOR and assigned professionals must have thorough knowledge of medico-legal aspects of health information management.

f. CONTRACTOR and assigned professionals must have thorough knowledge of the Privacy Act of 1974 and HIPAA regulations and requirements regarding responsibilities for patient confidentiality.

g. CONTRACTOR and assigned professionals must have knowledge of quantitative and qualitative processes to analyze health information.

h. CONTRACTOR and assigned professionals must have skill in operating computerized data entry and information processing systems. Skill in data collection to compile and organize information for reporting and presentation.

B.8 REPORTING REQUIREMENT

The contractor will be responsible for coding patient accounts. Weekly report of forms processed for data entry, inpatient and outpatient coding, and accounts receivable and auditing as well as completed annually.

Weekly report of discrepancies/patterns of improper code assignments and documentation issues will be provided to the Service Unit to be used in quality improvement activities.

Hours of Operation & Scheduling: Services shall be per the Contractor’s normal business hours.

B.9 PERSONNEL QUALIFICATION REQUIREMENTS:

a. Knowledge of rules, operations and business practices of the Indian Health Service As described in the Third Party Revenue Accounts Management and Internal Controls in the Indian Health Manual Part 5-Management Services, Chapter 1.

b. Adherence to IHS and HIPAA regulations and Computer Security.

c. Knowledge of medical terminology, anatomy and physiology, clinical medicine, diagnostic test, pharmacology and the various medical specialties as required in areas of responsibility.

d. Ability to use designated reference materials. To include Official ICD-10 Hospital Outpatient Coding Guidelines, CPT, E&M and HCPCS Coding.

e. Knowledge of the Resource Patient Management System (RPMS) Data Entry System, IHS Third Party Billing package and IHS Accounts Receivable package and IHS Electronic Health Record.

f. Will keep current to include training with RPMS packages and patches.

g. The contractor must have at least three (3) years of experience working with health care facilities in developing revenue enhancement initiatives. Must have three years or more of experience in coding (ICD-10, HCPCS and CPT 4). Must have knowledge of a compliance program and requirements.

B.10 COMPLIANCE WITH IHS RULES AND REGULATIONS

The contractor will abide by all IHS Rules and Regulations as required. Contractors will complete the annual Computer Security Awareness Training and provide a copy of the certificate to the Project Officer. Indian Health Service Business Partner Interconnection Security Agreement is required to be signed and approved by IHS Security POC and Contractor Security POC. https://www.ihs.gov/issa/ Computer Security Awareness Training Indian Health Service Business Partner Interconnection Security agreement is attached for review.

FEDERAL TORT CLAIMS LIABILITY

Federal Tort Claims Act (FTCA) coverage for medical related claims is extended to a non-personal service contractors only when an incident of negligence is alleged to have occurred during the delivery of services by a contracted health care provider in a facility owned, operated, or constructed under the administrative jurisdiction of the Indian Health Service.

https://www.ihs.gov/riskmanagement/ftca/ https://www.ihs.gov/riskmanagement/resources/memo01/

B.11 CONTRACTING OFFICER REPRESENTATIVE (COR) TBD.

The role of program and technical personnel in monitoring the contract is to assist and advise the Contracting Officer, and act as the COR when so designated by the Contracting Officer. The COR does not have the authority to change or alter the order amount, terms and conditions.

COR activities include—

POINTS OF CONTACT: TBD

SECTION C - CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE.

This contract incorporates one or more clauses by reference, with 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 address: www.acquisition.gov.

C.2 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (Jul 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY.

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the award amount in dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is for services or supplies received and accepted in dollars.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _24_ (months).

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR.

Funds are not presently available for performance under this contract beyond __TBD__. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond __TBD__, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.6 52.216-18 ORDERING:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from: __TBD__ through ___TBD___.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

C.7 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within 4 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.8 52.216-21 REQUIREMENTS:

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/01/2021.

C.9 52.222-49 -- Service Contract Labor Standards -- Place of Performance Unknown.

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following:

Ogema, Minnesota.

The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by 09/01/2021.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

C.10 HEALTH & HUMAN SERVICES ACQUISTION REGULATION (HHSAR):

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.