75H70524R00003 - IT System Backup.pdf

SECTION A

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

SECTION B - CONTINUATION BLOCK

B.1 CONTRACT ADMINISTRATION DATA

B.2 INVOICES

B.3 PLACE OF PERFORMANCE

B.4 PERIOD OF PERFORMANCE

B.5 SCHEDULE OF PRICE/COST

B.6 STATEMENT OF WORK

B.7 PAYMENT

B.8 CONTRACTING OFFICER REPRESENTATIVE (COR)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE DOCUMENTS

D.2 DEFINITIONS

D.3 SECURITY NOTICE

D.4 CLOUD SERVICES (as applicable) D.5 BUSINESS ASSOCIATES AGREEMENT (Attachment 1) D.6 WAGE DETERMINATION (Attachment 2) D.7 IHS IEE REPRESENTATION FORM (Attachment 3) D.8 THE BUY INDIAN ACT (Attachment 4) D.9 IHS SECURITY AGREEMENT (SAS) (Attachment 5)

SECTION E -

E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES.

75H70524R00003 - IT System Backup Solution

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: __________________________

UEI#: __________________________

PHONE: __________________________

EMAIL: __________________________

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:

Contract Administrator: Contracting Officer Representative (COR)

Karen McDonald TBD 218-407-3702 karen.mcdonald@ihs.gov

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is 334112 Computer Storage Device Manufacturing with a Size Standard of 1250 employees.

PSC code: 7J20– IT and Telecom - Security And Compliance Products (Hardware And Perpetual License Software)

CONTRACT TYPE: Firm Fixed Price.

B.2 INVOICES:

In accordance with the Prompt Payment Act, payment will be due 15 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;

- Contractor's Invoice shall contain:

* Contract number:

* SAM's Registration - Unique Identity Number (UEI Number):

* EIN or Tax ID Number;

* List of deliverables;

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

HHSAR 352.232-71 ELECTRONIC SUBMISSION OF INVOICE PAYMENT REQUESTS (FEB 2022)

(a) Definitions.

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.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

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 their organization has not already done so. If your organization has already registered to use IPP, you are not be required to re-register. However, we encourage you to make sure your organization and designated IPP user accounts are valid and up to date. The IPP website address is https://www.ipp.gov.

VENDORS FAQ.: https://www.ipp.gov/vendors/faq-vendors

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

IMPROPERLY PREPARED INVOICES OR STATEMENTS SHALL BE RETURNED TO THE CONTRACTOR AND

MAY DELAY PAYMENT.

B.3 PLACE OF PERFORMANCE: MULTIPLE

(1) (2) (3) Indian Health Service Indian Health Service Indian Health Service

Red Lake Indian Hospital Cass Lake Indian Hospital White Earth Health Center 24760 Hospital Dr. 425 7th St. NW 40520 Cty. Rd. 34 Red Lake, Mn. 56671 Cass Lake, MN 56633 Ogema, MN 56569

(4) Bemidji Area Office: (Physical location) 2225 Cooperative Drive, Bemidji, MN 56601.

B.4 PERIOD OF PERFORMANCE:

The Government anticipates a Base + 4 (1) Year Options. The contract period of performance shall be effective TBD. This contract may be extended for up to 4 additional years in accordance with FAR 52.217-9, Option to

Extend the Term of the Contract

B.5 SCHEDULE OF PRICE /COSTS

Pricing to include elements 1 – 4 stated below in Statement of work. The following sites will receive an onsite backup appliance(s), software to run and integrate with the IHS systems (Windows, VMware, SSQL, Oracle), licensing and service to operate to equal 5 years.

BASE YEAR

OPTION YR. ONE

Item No.

DESCRIPTION Quantity/item Unit Price Total Amount

001 Bemidji Area Office 2 $ $ 002 Cass Lake Hospital 1 $ $ 003 Red Lake Hospital 1 $ $ 004 White Earth Health Center 1 $ $

Base Year Grand Total $

Item No.

DESCRIPTION Quantity/item Unit Price Total Amount

001 Bemidji Area Office 2 $ $ 002 Cass Lake Hospital 1 $ $ 003 Red Lake Hospital 1 $ $ 004 White Earth Health Center 1 $ $

Base Year Grand Total $

OPTION YR. TWO

OPTION YEAR THREE

OPTION YR. FOUR

Grand Total: $__________________

B.6 STATEMENT OF WORK

Background

The scope of this project will be to implement a backup solution standard to each data center located at the Bemidji Area Office, Cass Lake Hospital, Red Lake Hospital and White Earth Health Center. The data from the Service Unit servers will be backed up to the local appliance, then replicated offsite to the Bemidji Area Office data center storage. Each site will be responsible to manage their own backup and restore jobs and not interfere with other location's jobs. Area office staff will be able to check the backup jobs for all locations from this one console. The proposed solution will support physical as well as virtual servers.

Performance Requirements

The objective of this project is to provide a centralized and standardized backup solution for Bemidji Area Office and 3 Federal Service Units. Local Backups are to be performed onsite to the new local appliances, then replicated out to a central Repository hosted by IHS in Bemidji MN. Sites will receive an onsite backup appliance(s), software to run and integrate with IHS systems (Windows, VMware, SQL, Oracle), and licensing to operate.

Item No.

DESCRIPTION Quantity/item Unit Price Total Amount

001 Bemidji Area Office 2 $ $ 002 Cass Lake Hospital 1 $ $ 003 Red Lake Hospital 1 $ $ 004 White Earth Health Center 1 $ $

Base Year Grand Total $

Item No.

DESCRIPTION Quantity/item Unit Price Total Amount

001 Bemidji Area Office 2 $ $ 002 Cass Lake Hospital 1 $ $ 003 Red Lake Hospital 1 $ $ 004 White Earth Health Center 1 $ $

Base Year Grand Total $

Item No.

DESCRIPTION Quantity/item Unit Price Total Amount

001 Bemidji Area Office 2 $ $ 002 Cass Lake Hospital 1 $ $ 003 Red Lake Hospital 1 $ $ 004 White Earth Health Center 1 $ $

Base Year Grand Total $

1. Bemidji Area Office is seeking hardware and software licensing for a data backup solution.

The following sites will receive an onsite backup appliance(s), software to run and integrate with the IHS systems (Windows, VMware, SSQL, Oracle), and licensing to operate.

Bemidji Area Office: Physical location 2225 Cooperative Drive, Bemidji, MN 56601.

r6416 Appliance, 4‐node, 192TB raw HDD, 1.6TB SSD, SFP+ NIC

Fiber Optic OM3 LC/LC Cable, 3M, pack of 4

10G/1G Dual Rate SFP+ Transceiver, pack of 4

An additional disaster recovery appliance to be configured at the Bemidji Area Office 2225 Cooperative Drive, Bemidji, MN 56601 with replication to all other appliances in the Bemidji Area and listed in this solicitation.

r6416 Appliance, 4-node, 192TB raw HDD, 1.6TB SSD, SFP+ NIC

10G/1G Dual Rate SFP+ Transceiver, pack of 4

Cass Lake Hospital: physical location is 425 7th St NW Cass Lake, MN 56633 r6408s Appliance, 4-node, 96TB raw HDD, 1.6TB SSD, SFP+ NIC, RHA

Fiber Optic OM3 LC/LC Cable, 3M, pack of 4

10G/1G Dual Rate SFP+ Transceiver, pack of 4

Red Lake Hospital: Physical location 24760 Hospital Drive, Red Lake, MN 56671 r6408s Appliance, 4-node, 96TB raw HDD, 1.6TB SSD, SFP+ NIC, RHA

White Earth Health Center: 40520 County Highway 34, Ogema, MN 56569 r6412s Appliance, 4-node, 96TB raw HDD, 1.6TB SSD, SFP+ NIC, RHA

2. Backup Solution technical requirements

Data ingested by the backup solution should be encrypted in flight and at rest at all phases of the backup lifecycle such as replication and archive.

The backup solution should make use of CRC to ensure that the data committed to the backup repository is the same data that was backed up at the time of the backup, through the life cycle of the data, and when the data is called for restore to ensure the backups have not been modified. If any data is modified the solution should be self-healing to correct the data.

Retention Lock, to protect against insider threats or compromised identities by providing a compliant method of locking data to not expire until a predetermined time has expired. This requires at a minimum Two-Person-Integrity via a support-drive process, otherwise an individual, even a security admin role, can go rogue and disable retention lock.

Be able to identify anomalous filesystem activities and encryption events at the file level.

Ransomware events are ‘unknown recovery events’ and are different than the traditional IT Restore request.

Be able to identify IOC’s, such as file hashes, a file matching a hex value, file extensions etc, via YARA rules. This needs to apply across all of the backups to discover and report where IOCs are present and when they were introduced.

Includes storage and compute in a single hardware appliance

Must natively support multiple hypervisors to include but not limited to Hyper-V, Acropolis HV, and Vmware ESXi. Any proposed solution is capable of supporting a variety of hypervisors such that user is not prevented from changing hypervisors in the future should they choose to do so without the use of third party hardware or software

The solution’s software defined storage features include the following data management features o Compression (Either Inline or Post Process).

o Deduplication (Deduplication must span all storage tiers to include but not limited to

RAM, flash and HDD, and scale as the storage cluster grows.

o Data redundancy policies that provide options for single host failure and simultaneous host failure with no impact to data availability.

Entire solution has no single point of failure.

Storage platform is a closed architecture that cannot be written to by 3 party applications.

Solution does not allow for 3rd party applications to be installed on it.

Provides a master-less clustered architecture

Is scalable backing up into the petabyte range of data

Is FIPS 140-2 compliant

Supports vLan Tagging (IEEE 802.1Q standard)

Must have IP-based connectivity

Is TAA Compliant

Verified free from Foreign Ownership, Control or Influence (FOCI)

3. Services

Onsite Installation for each appliance to include:

Project Planning o Confirmation of site readiness - space, power, switch and port availability o Review network configuration requirements o Review firewall, NTP and DNS requirements o Confirmation and documentation of IP addressing o Confirmation of workload account permissions o Security Checklist Review and Confirmation

Physical Installation o Confirm Delivery Contents o Rack equipment o Cable equipment o Power and validate network accessibility

Cluster Initialization/Bootstrapping o Confirm software version o Confirm Hardware Health Status o Perform Node discovery o Confirm all Management and IPMI IPs available o Initiate bootstrap process o Enable support tunnel o Support Portal Registration

One-time setup items o Upgrade software Version (if applicable) o Network settings o Users settings o Notification settings o Review Support Tunnel o Security Hardening Best Practices

Enablement and Workload Integration o Dashboard Overview o SLA Domain Configuration of up to 5 SLAs o Integrate (1) One Hypervisor (VMware) o Configure up to 5 VMs for protection and demonstrate supported recovery options o Configure up to 5 SQL databases and demonstrate basic supported recovery options (Live Mount, Export, Restore, Instant Recovery, Download) o Configure up to 5 (each) Windows and Linux hosts and demonstrate supported recovery options of Fileset + Volume Groups o Configure up to 5 NAS fileshares using filesets and demonstrate supported recovery options of File Recovery o Addition of a single Archival and single Replication Target o Demonstrate reporting capabilities

Central Device Management Integration o Register Appliance with Central Device Management o Users and Roles o Initiated Upgrades o Initiated Support Tunnel o Security Hardening Best Practices

Quickstart Review Session o Question & Answer - Recap Session

Project Closeout o Provide completed Implementation Summary including Workbook o Review Support Engagement Process

4: Training

Onsite Training at the Bemidji Area Office site for up to 12 people.

In-person instructor-led training course at customer site, local offices, or virtual.

Maximum of 12 individuals per course.

B.7 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.8 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

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.

52.202-1 Definitions 52.203-3 Gratuities 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel.

52.212-4 Contract Terms and Conditions—Commercial Items.

52.224-1 Privacy Act Notification 52.224-2 Privacy Act 52.217-8 Option to Extend Services 52.232-18 Availability of Funds.

52.232-19 Availability of Funds for the Next Fiscal Year 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.226-1 Utilization of Indian Organizations and Indian-owned Economic Enterprises 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.242-15 Stop-work Order 52.244-6 Subcontracts for Commercial Items 52.246-25 Limitation of Liability – Services 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Seor Equipment

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

Products and Commercial Services (Mar 2023)

(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 products and commercial services:

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.] _ 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. 4655).

__ (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).

__ (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).

__ (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 (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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.

__ (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 (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023)( 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 (Oct 2022) ( 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 (Oct 2022) ( 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).

_ X _ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 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).

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

__ (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.

__ (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 (Nov 2021) ( 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 (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.)

__ (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)

(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 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. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 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 Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_ 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).

X __ (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 products and commercial services:

[Contracting Officer check as appropriate.] _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).

__ (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 2022) ( 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 (May 2014) ( 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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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)

52.216-24 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 received and accepted in dollars.

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 _60_ (months).

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.

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:

REFERENCE: B.3 PLACE OF PERFORMANCE: MULTIPLE

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

(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.2 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. Also, the full text of a clause may be accessed electronically at this address:

http://www.hhs.gov/policies/hhsar/subpart301-1.html

352.203-70 Anti-Lobbying 352.208-70 Printing and Duplication 352.211-3 Paperwork Reduction Act 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations.

352.223-70 Safety and Health 352.224-70 Privacy Act 352.224-71 Confidential Information 352.226-1 Indian Preference 352.226-2 Indian Preference Program 352.226-5 Notice of Indian Economic Enterprise set-aside 352.226-6 Indian Economic Enterprise Subcontracting Limitations

352.226-7 Indian Economic Enterprise Representation 352.227-70 Publications and Publicity 352.239-73 Electronic and Information Technology Accessibility Notice 352.239-74 Electronic and Information Technology Accessibility

Health Insurance Portability and Accountability Act of 1996: Contractor must comply with the Health Insurance Portability and Accountability Act of 1996.

352.237-75 Key Personnel

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE DOCUMENTS:

Federal Acquisition Regulations (FAR): http://www.acquisition.gov/far

Health And Human Services Acquisition Regulation (HHSAR) http://www.hhs.gov/regulations/hhsar/subpart301-1.html

Health Insurance Portability and Accountability Act (HIPAA) of 1996. http://www.ihs.gov/hipaa/

IHS approved Business Partnership Interconnection Agreement or - Data Exchange Agreement (DEA) (draft attached) or approved policy waiver is required before exchanging data.

FedRAMP, : Federal Risk and Authorization Management Program.

Privacy Act of 1974. http://www.ihs.gov/PrivacyAct/documents/privacy-act-1974.pdf

Public Law 107-347, The E-Government Act of 2002, Title III—Information Security, cited as the Federal Information Security Management Act of 2002 (FISMA), December 17, 2002.

http://csrc.nist.gov/groups/SMA/fisma/

IHS IT Security Directives: http://www.hhs.gov/ocio/securityprivacy/index.html

Indian Health Service (IHS) Location map:. http://www.ihs.gov/bemidji/index.cfm?module=bmj_health_facs

Indian Health Service OIT Division of Information Security Federal Regulations and Guidelines for Information Security: https://home.ihs.gov/security/index.cfm?module=dsp_dis_sec_laws

Office of Management and Budget (OMB) Regulations and Circulars not limited to Circular A-130:

https://www.whitehouse.gov/omb and OMB-07-16 : https://www.cippguide.org/2010/05/04/omb-memorandum- 07-16-safeguarding-against-and-responding-to-the-breach-of-personally-identifiable-information/

Paperwork Reduction Act: https://www.gpo.gov/fdsys/pkg/PLAW-104publ13/html/PLAW-104publ13.htm

Children’s Online Privacy Protection Act (COPPA): https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule

HHS HHS-OCIO-2009-0001.001S Standard Security Configurations Policy:

http://www.hhs.gov/ocio/policy/2009-0001.001s.html

NIST Special Publications including NIST Special Publication 800-144 Guidelines on Security and Privacy in Public Cloud Computing: http://nvlpubs.nist.gov/nistpubs/Legacy/SP/nistspecialpublication800-144.pdf.

FedRAMP ATO is required prior to exchanging data.

Indian Health Manual Part 8 Information Resources Management :

https://www.ihs.gov/IHM/index.cfm?module=dsp_ihm_pc_main

Federal Information Processing Standards (FIPS) publications: http://csrc.nist.gov/publications/PubsFIPS.html

D.2 DEFINITIONS

Acceptance: the act of an authorized representative of the Government by which the Government, for itself or as agent of another, assumes ownership of existing supplies tendered, or approves specific services rendered as partial or complete performance of the contract (Refer FAR 52.212-4 (a)), Approval: Acknowledgment by the designated Government employee that submittals, deliverables, or administrative documents conform to the contractual requirements.

Area: A defined geographical region for IHS administrative purposes. Area Offices may administer several service units.

Contract Health Service: means health services provided at the expense of the Indian Health Service from public or private medical or hospital facilities other than those of Indian Health Service.

Clinical Medical Director (CMD): Chief medical officer in each service unit, responsible for supervision of all medical staff.

Chief Executive Officer (CEO): Director of an IHS "Service unit area" designated for purposes of administration of Indian Health Service programs

Contracting Officer (CO): serves as an agent of the government whose acts are binding on the principal to the extent that these acts are within the authority given to the Contracting Officer. Also, means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings

Contract: means a mutually binding legal relationship obligating the seller to furnish the supplies or services

CSP (Cloud Service Provider) requirement that the CSP needs to be FEDRAMP authorized once federal data is placed in the system

Contractor: The seller awarded a contract and shall provide supplies and/or services to the government.

Cultural Awareness: Realization and respect for American Indian and Alaska Native practices.

Family Practice Physician (FPP): medical specialty devoted to comprehensive health care for people of all ages

Purchase Delivery Order: means an order for services placed against an established contract or with government sources.

Federal Acquisition Regulations (FAR): is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies

FedRAMP : Government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud-based services.

Fiscal Intermediary: Contractor whom processes payments for all appropriate invoicing for the IHS CHS, address; IHS CHS Fiscal Intermediary. P. O. Box 13509, Albuquerque, NM 87192-3509

Health Center: An outpatient facility with a full range of ambulatory services, including primary care providers, nursing, laboratory, pharmacy, and x-ray, which are available 40 or more hours a week.

Hospital: a hospital with a full range of ambulatory services, including primary care providers, nursing, laboratory, pharmacy, and x-ray

Past Performance Information: The Government shall use a performance evaluation system to be utilized in documenting contracting performance.

Physician: means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery at an Indian Health Service facility, or by the state in which he or she practices.

Contract Officer Representative (COR): Contracting Officer’s Representative (COR). The CO authorizes the COR to perform functions in administering the technical aspects of the contract. This includes but not limited to: correspondence directly with the Contractor with copies to the CO; hold conferences; approve all technical data submitted by the contractor; and provide technical monitoring during contract performance. The COR has no authority to change or modify the contract.

Service Unit: The Bemidji Area is comprised of three regional areas referred to as service units. Service units are located across north central Minnesota. The facilities range from small ambulatory care clinics (health centers) to full service hospitals. The facilities are located on Indian reservations.

Quality Control Plan (QCP): Contracts for commercial items generally rely on contractors’ existing quality assurance system.

Quality Assurance Surveillance Plan: defines the government responsibility to ensure that the contractor has performed in accordance with the Performance Work Statement (PWS) standards

Nonpersonal Health Care Services (FAR Subpart 37) as defined in the Federal Acquisition Regulations.

D.3 SECURITY NOTICE

HHS-Controlled Facilities and Information Systems Security

(a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances

(1) through (3).

(b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors;

Office of Management and Budget memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy.

(2) HHS Office of Security and Drug Testing, Personnel Security/ Suitability Handbook, dated February 1, 2005.

(3) HHS HSPD-12 Policy Document, v. 2.0.

(c) This contract/order will entail the following position sensitivity level(s): “SENSITIVE”

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries(NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

(g) The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive

HHS…