75H70522R00012.pdf

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Medical Support Assistant - Cass Lake Federal contract opportunity
Solicitation number
75H70522R00012
Issued by
Department of Health and Human Services Indian Health Service

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

Cass Lake MN 56633 425 7th Street NW Indian Health Service

IHSCASSLAKE CODE 16. ADMINISTERED BYCODE

X

X

X

561320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR235

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/24/2022 1300 CT

08/05/2022

218-444-0482TAMMY SHUMATE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70522R00012

5. SOLICITATION NUMBER

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

1 54IHS1456824OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CASS LAKE MN 56633

425 7TH STREET NW

CASS LAKE BEMIDJI AREA OFFICE

15. DELIVER TO

Bemidji MN 56601 2225 Cooperative Ct NW, Rm 200

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$30.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Indian Health Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Provide Medical Support Assistants Base year plus four (4) one-year options Delivery: 09/15/2027

1 Base Year plus four (4) One-year options - Medical Support Assistants

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

WILLIAM F. FISHER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

IEE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

552 of

SECTION A

A.1 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION BLOCK

B.1 CONTRACT ADMINISTRATION DATA

B.2 INVOICES

B.3 PAYMENT

B.4 CONTRACTING OFFICER REPRESENTATIVE (COR)

B.5 PLACE OF PERFORMANCE

B.6 PERIOD OF PERFORMANCE

B.7 SCHEDULE OF PRICE/COST

B.8 PERFORMANCE WORK STATEMENT

B.9 COMPLIANCE

SECTION C - CONTRACT CLAUSES

C.1 FEDERAL ACQUISITION REGULATIONS

C.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR CHAPTER 3) CLAUSES

C.3 352.237-75 KEY PERSONNEL

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE DOCUMENTS

ATTACHMENT 1 – INSTRUCTION TO OFFERORS LETTER

ATTACHMENT 2 – IHS IEE REPRESENTATION FORM

ATTACHMENT 3 - BUSINESS ASSOCIATES AGREEMENT

ATTACHMENT 4 - IHS SECURITY AGREEMENT

ATTACHMENT 5 – IPP PROCESSES FOR VENDORS

D.2 DEFINITIONS

D.3 BACKGROUND INVESTIGATION

D.4 SECURITY NOTICE

D.5 WAGE DETERMINATION

SECTION E – SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

52.212-2 EVALUATION – COMMERCIAL ITEMS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

52.217-5 EVALUATION OF OPTIONS

52.233-2 SERVICE OF PROTEST

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#_______________________

SAM UEI #________________________

GSA #(if applicable) _________________________

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:

Tammy Shumate Indian Health Service 2225 Cooperative Ct NW, Rm 200 Bemidji, MN 56601 Tammy.Shumate@IHS.gov

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is 561320 Temporary Help Services with a small business size standard of $30M.

PSC: Q802 Clerical Medical Support

CONTRACT TYPE: INDEFINITE-DELIVERY INDEFINITE-QUANTITY (IDIQ) FIRM FIXED PRICE

Period of Performance: Base Year plus Four (4) One-year Options

Set aside: This solicitation is set-aside for Small Businesses, first and foremost, Small Business Indian Economic Enterprises (IEE) pursuant to the Buy Indian Act 24 U.S.C. 47. IEE entities must complete attachment 2, IEE representation form and submit with proposal. Evaluation of proposals will be conducted by utilizing the tiered evaluation indicated herein. If the Government does not receive at least two offers from IEE’s that are reasonably priced, the Government will then evaluate proposals and consider award to other small business concerns under the following 5-tier cascading set-aside (in order of first consideration to last consideration).

1st Tier: Small Business Indian Economic Enterprises (IEE) 2nd Tier: Service Disabled Veteran Owned Small Businesses 3rd Tier: Certified HubZone Small Businesses 4th Tier: Small Disadvantaged Businesses 5th Tier: All other Small Business Concerns Vendors’ SAM registration must indicate the appropriate small business type and be included in the proposal.

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:

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

Payment requests MUST be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- A copy of the Contractor’s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected;

- List of deliverables;

- Timesheets if applicable - Number of hours worked with corresponding labor category and rate

352.232-71 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

Please see the below guidance for proper registration and training:

IPP is a secure, web-based electronic invoicing system. Respondents are required to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

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

Training for vendors can be located at: https://www.ipp.gov/vendors/training-vendors

If you require assistance registering or IPP account access, please contact the Department of the Treasury's IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Additional information is in Attachment 5 – IPP Processes for Vendor

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

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.

B.4 CONTRACTING OFFICER REPRESENTATIVE (COR)

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—

1. Providing technical monitoring during contract performance and advising the Contracting Officer relating to delivery, acceptance, or rejection of deliverables in accordance with the terms of the contract;

2. Assessing contractor performance

3. Recommending necessary changes to the schedule of work and period of performance to accomplish the objectives of the contract (The COR shall provide the Contracting Officer a written request along with an appropriate justification and a funding document, if additional funds are needed.);

4. Reviewing invoices/vouchers and recommending approval/disapproval by the Contracting Officer, including providing comments regarding anything unusual discovered in the review;

5. Reviewing and recommending approval or disapproval of technical submissions, subcontractors, overtime, travel, and key personnel changes;

6. Assisting the Contractor in the resolution of technical problems encountered during performance; and

7. Participating, as necessary, in various phases of the contract closeout process;

8. Provide receiving authorization within two days of services/items received or invoiced

CONTRACTING OFFICER REPRESENTATIVE (COR):

Kami Wooldridge Kami.Wooldridge @ihs.gov

B.5 PLACE OF PERFORMANCE: CASS LAKE INDIAN HOSPITAL

Cass Lake Indian Hospital 425 7th St NW Cass Lake, MN 56633-3360

B.6 PERIOD OF PERFORMANCE: Base plus Four (4) One-Year Options

B.7 SCHEDULE OF PRICE /COSTS: The resultant Task Orders associated with the awarded IDIQ will be for up to 10 Medical Support Assistants during each period of performance. Task orders may be issued during each period of performance for up to 10 medical support assistants.

The quantities in the Schedule are for pricing purposes and basis for evaluation for award.

a. PRICING (Include hourly price rate for evaluation purposes):

BASE YEAR

ITEM

NO.

TYPE OF SERVICE EST.

UNIT OF

ISSUE

UNIT PRICE

TOTAL

AMOUNT

1 Medical Assistant Pricing 2080 Hrs.

OPTION YEAR 1

NO.

TYPE OF SERVICE EST.

UNIT OF

ISSUE

UNIT PRICE

TOTAL

OPTION YEAR 2

NO.

TYPE OF SERVICE EST.

UNIT OF

ISSUE

UNIT PRICE

TOTAL

OPTIN YEAR 3

NO.

TYPE OF SERVICE EST.

UNIT OF

ISSUE

UNIT PRICE

TOTAL

OPTION YEAR 4

NO.

TYPE OF SERVICE EST.

UNIT OF

ISSUE

UNIT PRICE

TOTAL

b. 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 priced IDIQ contract will provide Medical Assistants to Cass Lake Indian Hospital in accordance with the Performance Work Statement. Associated task order may be for up to 10 medical assistants during the IDIQ Period of Performance.

B.8 PERFORMANCE WORK STATEMENT

Medical Support Assistants (Up to 10)

I. GENERAL.

1.1. Description of Work. The Contractor shall provide personnel to perform non-personal Medical Support Assistant services for the Indian Health Services Bemidji Area’s Cass Lake Hospital Service Unit. The medical support assistant shall be required to perform services as outlined with-in this document. The contract service providers performing this service will hereafter be referred to as Medical Support Assistant (MSA). The locations will be referred to hereafter in this document as (CLH). Services are needed for a term of 12 months, consisting of 5, 8 hour days per week for up to 10 medical support assistants. Further information on requirements are detailed with-in this document. Up to ten MSAs will be required at any given time throughout the life of the contract.

1.1.1. FAR Subpart 37.4 Non-personal Health Care Services

Agencies may enter into non-personal health care services contracts with physicians, dentists and other health care providers under authority of 10 U.S.C. 2304 and 41 U.S.C. chapter 33, Planning and Solicitation. Each contract shall --

(a) State that the contract is a non-personal health care services contract, as defined in 37.101, under which the contractor is an independent contractor;

(b) State that the Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment);

(c) Require that the contractor indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance;

(d) Require that the contractor maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned; and

(e) State that the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance.

SPECIFIC TASKS. The contract MSA shall perform essentially the same duties as those required of any Government Civil Service employee in a similar duty assignment.

2.0. The MSA shall be required to perform the following procedures and/or tasks including, but not limited to:

- Determines patient eligibility for care under the Purchased/Referred Care Program.

- Applies PRC rules and regulations on PRC Delivery Areas, geographical facility proximity, tribal membership, and residence.

- Determines patient eligibility as a prerequisite to the authorization of funds.

- Participates in the decision making process for the provision or denial of payment for services based upon eligibility criteria.

- Defines alternate resources available to patients under the PRC Program and determines patient eligibility for Medicare, Medicaid, Vocational rehabilitation, V.A., private insurance or other third parties.

- Contacts alternate resource agency or organization via telephone, correspondence or personal visit to insure maximum utilization.

- Conducts personal interviews with patient or family members to determine potential eligibility for alternate resources.

Interviews in-patients/outpatients to obtain pertinent current patient registration demographic information and enters/maintains in Practice Management and the RPMS Patient Registration system.

- Obtains, verifies, and sequences insurance information for billing and maximum reimbursement from all alternate resources. Assures that all information is current and correct prior to billing for services .Identifies the order of billing/coordination of benefits on reason for visit or clinic type. Obtain signatures for Medicare and private insurance patients.

- Identify patients whose health benefits are subject to prior approval to determine the extent of health care for both inpatient and outpatients. Explains the program to the beneficiaries, why Medicare, Medicaid and or private/commercial insurance will be billed for rendered services. Initiate all admitting forms to complete the admission with current patient data, including the RPMS patient registration sections utilizing hospital and other local resources.

Patient Registration MSAs must interview patients to obtain and process demographic insurance information, alternate resources, contract health services, and private or commercial insurance. MSA assists in completing patient registration forms and determines eligibility and tribal membership. Patient registration MSA interacts with patients and utilizes automated systems.

- The incumbent must be flexible in order to undertake a variety of miscellaneous duties as assigned by the Supervisor.

Adjusts work assignments as needed to cover peak times, leave requests and vacancies. Prioritizes work to ensure work is disseminated appropriately and notifies immediate supervisor when a backlog of 4 or more days occurs.

Performs other duties as assigned.

II. QUALIFICATIONS AND REQUIREMENTS.

KNOWLEDGE REQUIRED BY THE POSITION

Knowledge of proper processing requirements including forms, authorization documents and standard correspondence.

Knowledge of the various clinical systems, walk-ins and appointments to avoid unnecessary delay or confusion on the part of the patient.

Knowledge of the patient registration function and requirements for obtaining necessary third party information.

Knowledge of patient registration and ability to enter and update eligibility, demographic, contact, and insurance information into RPMS accurately.

Knowledge of Privacy and confidentiality considerations.

Skills in operating computers, scanner, copier machines and other standard office equipment.

SUPERVISORY CONTROLS

Under the supervision of the department supervisor. Work is reviewed to insure conformance with current policy and procedures of the Indian Health Service.

COMPLEXITY

The work involves not only demographic data, but also eligibility information and whether or not alternate resources (Medicare, Medicaid and/or private insurance) are available for all patients. Incumbent must be able to effectively communicate to the patient what specific information is needed, the reason for requesting the information and to ascertain this is as accurate as possible.

PERSONAL CONTACTS

Contacts are with service unit professional and Para professional employees, outside contractors and vendors, third party alternate resource organizations regulatory agencies patients and their families.

PURPOSE OF CONTACTS

The purpose of contacts is to coordinate work efforts to exchange or obtain patient information, solve technical problems, and for obtaining information to update the Patient Registration data base

PHYSICAL DEMANDS

Work is primarily sedentary. However, work does demand frequent standing, walking, sitting, bending, carrying of items such as records, supplies, and working with equipment.

WORK ENVIRONMENT

Work is performed in the different departments within the hospital

CONTRACTOR REQUIREMENTS.

The Contractor shall not employ any individual to provide direct health care services who is listed on the Health and Human Services (HHS) list of providers excluded from federally funded health care programs. The list may be found at MSAtp://oig.hhs.gov/fraud/exclusions.asp.

� The MSA shall be a U.S. citizen or otherwise meet other applicable requirements.

� The MSA shall successfully complete a criminal history background check.

� The MSA shall be able to read, write, and speak English well enough and enunciate with sufficient clarity to effectively communicate with patients and other health care providers.

� The MSA shall possess sufficient initiative, interpersonal relationship skills and social sensitivity such that the MSA can relate to a variety of patients from diverse backgrounds.

� The MSA shall be able to operate a personal computer utilizing Microsoft applications, such as Word, Excel, and efficiently utilize an Electronic Medical Record. The MSA shall be able to type and have had experience using computers. The MSA will not be required to type a certain amount of words per minute. CLH will provide computer training on their electronic medical records system.

Failure to learn the computer system at the CLH and perform actions independently within 2 weeks of beginning service may be grounds for immediate removal of the MSA.

III. ADMINISTRATIVE.

1.3.1. This is a locum tenens procurement; therefore, the use of short-term rotating MSAs seriously detracts from continuity of patient care that is of utmost importance. Substitutes are permitted during scheduled or unscheduled absences of the primary MSA. The Contractor shall have adequate pre-approved replacement MSAs available in such instances so a lapse in coverage does not occur.

Substitutes shall be as qualified as the primary MSA. Substitutes are not allowed so the MSA can accept another assignment or to meet the needs of the Contractor. Note – The Contractor’s attention is directed to the fact that normal approval process can take up to 30 days, and this is the same for replacement personal. There is no allowance/excused lapse in coverage based on a change of personnel, and may be considered grounds for termination for cause.

IV. ORIENTATION AND TRAINING.

Prior to working, the MSA will be provided a Government paid orientation to familiarize the MSA with the policies and procedures of the CLH. Orientation attendance will be required of all MSAs and will be scheduled by the COR during the first normal duty day.

The Contractor shall ensure that each MSA is knowledgeable of the policies and procedures of his/her specific place of duty and of the medical activity. The Contractor shall ensure MSAs receive any staff training required by the CLH, as a precondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefings. This training shall be conducted during the scheduled shift of the MSA.

Government Unique Training. The Government may elect to provide unique Government training to MSAs who are performing services under this contract. If the Government elects to provide such training, the Government will provide such training at no additional expense to the Contractor or to the MSA. When directed by the Contracting Officer (CO), MSAs shall attend all such training in a paid status as part of the normal services required and billed under the contract. Such training shall require a performance commitment by the Contractor and the Contractor shall reimburse the Government (by means of a reduction in an invoice) if a MSA fails to satisfy the performance commitment after the MSA receives the unique Government training. The amount of the reimbursement shall be the prorated cost of training, calculated based on the total cost of the training and the number of months by which the MSA fails to complete the performance commitment. The length of the performance commitment shall be 12 months or until the end of all performance under this contract, whichever occurs first. Details of any subsequent training agreement will be agreed upon by all parties, and such training agreements will be designated by modification to the contract.

The MSAs shall attend all and take all training prescribed for personnel as required by Cass Lake Indian Hospital. Training shall be part of the workday.

MSAs shall attend training provided by Cass Lake Indian Hospital regarding their unique computer systems and programs. Failure to learn the computer system at Cass Lake Indian Hospital and perform actions independently within 2 weeks of beginning service may be grounds for immediate removal of the MSA.

V. ELECTRONIC MEDICAL RECORD KEEPING SYSTEMS.

The Government will provide training to MSAs in the Electronic Medical Record Keeping Systems and other procedures that the medical support assistant is required to use. Access to such patient data systems is an "Automated Data Processing Sensitive" position requiring compliance with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. Refer to the Additional Information section “ADP Security Requirements” in this contract for further guidance.

Electronic Health Record (EHR) contains the facilities’ appointment scheduling program, pharmacy, lab, and radiology ordering system and is interlinked with other departments in the CLH. The Government will provide training to MSAs in the EHR and/or other procedures that staff are required to use. Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule.

Training for EHR and other computer training will be scheduled through the COR prior to the MSAs providing direct support. The training will be on-site and during normal duty hours. This training will be at no cost to the Contractor.

If additional training is needed due to mission changes, the CLH Information Management Office will conduct required computer training. This training will be at no cost to the Contractor. The COR will schedule this training.

VI. REPORTING REQUIREMENTS.

The Contractor shall submit reports to the COR as requested for use in monitoring Contractor performance. Such reports may include, but are not limited to: personnel recruitment; time sheets, etc.

Safety. The Contractor shall ensure that its MSAs comply with all installation safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, waste disposal and infection control. Copies of these regulations are on file in the medical activity safety office or may be obtained through the COR.

Hours of Performance.

Billing. The Government will only pay for hours, days or units actually worked/provided. The Contractor shall only submit payment requests for hours, days or units actually worked/provided. Submitting a payment request for more than the amount due based on the number hours, days or units actually worked/provided may constitute fraud or a false claim and may result in administrative or criminal action or both.

The MSA shall be able to provide services 8 hours a day, 5 days a week excluding federal holidays. Shifts will be 8 hours in length.

No guarantee can be made that the shift will end as scheduled. A minimum break of 30 minutes will be given during the shift. Work hours and days will be determined by CLH, and confirmed by the contractor. A schedule discussed between a contract MSA and staff is not considered valid. Schedules are subject to change due to cancellations, hospital staff changes, organization day, emergencies, exodus, training holidays and unexpected events. The most a MSA can work is five consecutive days in a row.

Signing in prior to scheduled time will not be considered as hours worked. The above timeframes are subject to change. The hours do not include any break periods to eat. Break times are not billable. The government reserves the right to verify the hours worked by the MSAs by sign-in/sign-out sheet, checking computer logs, use of a time clock, etc.

Shift Scheduling. CLH will provide a schedule of needed shifts to the Contractor 30 days before the first scheduled shift. The Contractor shall furnish the name of the MSA scheduled to work.

On-call Services: On-call services will not be required for these services.

Overtime/Extended Shift: Overtime is not authorized under this contract.

Unscheduled Absences. Unscheduled absences shall be called into the assigned COR by the contractor at least 24 hours before the start of the shift. The contractor shall only be paid for actual hours worked.

Hours worked do not include travel time to reach the facility or other place of performance.

The MSAs shall be rested and fully physically and mentally capable of performing the duties required under this contract. The MSAs shall not have worked the 8 hours before beginning services at a CLH.

Closures. During anticipated closure of the facility due to a CLH’s, declared training, holiday or during unplanned closure of the facility due to natural disasters, emergencies, severe weather, or otherwise, the Contractor shall not invoice the Government for services not performed and the Government will not be liable to the Contractors for any such closures.

Holidays. There are ten federal holidays observed by the facility; the MSA will not be scheduled during these days.

The following is a list of legal federal holidays as referred to elsewhere in the contract.

New Year's Day Birthday of Martin Luther King, Jr.

President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

B.9 COMPLIANCE WITH IHS RULES AND REGULATIONS

The contractor will abide by all IHS Rules and Regulations as required. Contractor personnel 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.

SECTION C - CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATIONS

C.1 FEDERAL ACQUISITION REGULATIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-

Representation.

52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-22 Alternative Line Item Proposal 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.217-5 Evaluation of Options 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.233-3 Protest after Award.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021) (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 (JUN 2020), with Alternate I (NOV

2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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).

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (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 (NOV 2020) (15 U.S.C. 644).

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

X (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 (NOV 2021) ( 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 (SEP 2021) of 52.219-9.

X (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.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 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 (SEP 2021) ( 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 (SEP 2021) ( 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 (SEP 2021) ( 15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (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).

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).

X (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 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.)

__ (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).

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

__ (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).

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).

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

X (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) 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 (FEB 2021) (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 (FEB 2021) __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 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 (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) 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).

X (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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. 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 (NOV 2021) ( 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) 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 (MAY 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (NOV 2021) ( 46 U.S.C.

55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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.

(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.

(End of clause)

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 1 Medical assistant, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies…

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