75H70621R00005.pdf

SOL - Solicitation Number

These clauses, terms and conditions are incorporated into solicitation number 75H70621R00005.

B - Supplies or Services and prices/costs

Unit Price

The "Unit Price" is an all-inclusive cost. "All inclusive cost" is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this purchase order.

C - Description/specifications/statement of work

STATEMENT OF WORK

FOR Inpatient Nurse

A. PURPOSE OF CONTRACT:

To provide professional nursing services in the Inpatient Department. Shift times and schedules are subject to change based on the medical needs of the patient population and hospital operations.

The purpose of the contract is for the recruitment, credentialing and placement of four (4) Registered Nurses to provide services during acute nursing staff shortages. The care provided by the Contractor shall be comprehensive as the Indian Health Service supplied facilities, equipment and support services permit. The Contractor shall furnish the necessary personnel to provide nursing services to the Rosebud Comprehensive Health Care Unit. The Indian Health Services requires nursing services upon request during the term of contract.

The contract resulting from this solicitation shall:

1. Be non-personal health service contract under which the contractor is an independent contractor.

2. Allow the government to evaluate the quality of professional and administrative services provided.

3. Require the Contractor to adhere to the policies and procedures of the Rosebud Indian Health Service Hospital.

4. Require the Contractor to provide general and professional liability insurance for its employee and agents; the contract shall indemnify the government for any liability producing act or omission by the contractor, its employees and agents occurring during the contract performance.

5. Require the Contractor to assume sole and exclusive responsibility for withholding federal and states taxes, paying federal social security and employment insurance and providing workman's compensation.

6. Require the Contractor to reimburse travel and daily compensation to the employee.

B. SPECIFICATIONS OF SERVICES:

Hours of Work - The contractor shall locate and have available qualified staff to provide nursing services during times of acute nursing staff shortage and shall provide an Inpatient Nurse within 1 week from the time of request.

Regular schedule will be compressed with rotating 12-hour shifts to include days, nights, weekends and holidays.

Shift rotation is required and is based off of staffing. Shifts will be 12 hours starting at 0600 and 1800 and include a 30 minute lunch break; Day shift: 0600-1830; Night shift: 1800-0630. Overtime will be paid as regular hours of work. The contractor will not be on a standby or call back call during this contract.

The facility has the right to terminate services if a full-time employee is added to the department or for other situations where satisfactory department coverage is available through utilizing other department staff members.

The facility will provide the contractor with a 30 day notice if the above applies.

C. PERIOD OF PERFORMANCE:

Date of award through one year with four one-year options.

D. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES AND PROPERTY:

The contract licensed Registered Nurse shall be assigned to be the Inpatient Department - Inpatient Unit in which space for personal belongings shall be provided. The Registered Nurse will be authorized to use all areas of the medical treatment facility available to civil service and commission personnel in similar positions. The same restrictions apply to the contractor nurse as any other Indian Health Service personnel to use these areas for official business activities only.

The contract Registered Nurse will be authorized to use all administrative and professional support available to Indian Health Service personnel. This will include but not be limited to copy machines, telefax machines, and medical library and telephone services. The same restrictions to use these items for official Indian Health Service business apply.

The contract Registered Nurse shall be provided with an orientation to the Indian Health Service and the Rosebud Reservation served. The service unit personnel shall provide the initial orientation and continuing orientation.

The service unit shall provide all medical and non- medical equipment and supplies used in the Rosebud Indian Health Service facility for the care and management of patients.

The service unit shall provide all required blank Government forms applicable to the Indian Health Service. The service unit personnel will provide an appropriate orientation to the necessity of such forms.

The service unit shall provide the authority for the contract Registered Nurse to purchase meals in service unit dining room when available at a cost of $5.00 per regular meal or $3.00 for a light lunch which is subject to change without notice.

The service unit shall provide an ongoing method of monitoring and evaluation of the quality and appropriateness of patient care and of identifying deficiencies in the quality service performed before the level of performance becomes unacceptable.

E. CONTRACTOR FURNISHED EQUIPMENT, FACILITIES, AND PROPERTY:

The Indian Health Service does not anticipate a need for contractor furnished equipment.

The contract Registered Nurse shall provide their own uniforms for use during their tour of duty.

F. WORK SCHEDULE/PAYMENT SCHEDULE:

Adheres to work duties and schedule for shifts in accordance with SOW with no more than one (1) unplanned absence per quarter.

G. QUALITY ASSURANCE:

Participate in Chart Review Processes for the facility and/or department.

Participate in Corrective Actions, if needed.

Participate in QA/PI for unit. Breastfeeding Baby Friendly and blood transfusions.

Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. The performance surve3illance plan has been developed to describe the Indian health Service's general plan in providing effective and systematic surveillance and reporting of all aspects of contract performance.

This plan recognizes the responsibility of the contractor to carry out its own quality control obligations in the performance of this contract.

The performance surveillance plan will be effective during the duration of contract performance. Surveillance will be accomplished via direct supervision and peer review into the contractor's performance against requirements listed in the previous section: Quality Assurance/Supervisory Control.

Performance based incentives are consistent with the intent and purpose of the contract and are outlined on the following grid:

OBJECTIVE/TAS

K

PERFORMANCE

STANDARD

ACCEPTABL

E QUALITY

LEVEL

(AQL)

SURVEILLANCE

METHOD/MEASUR

ES

CONTRACTO

R INCENTIVE

Performance Objective 1:

Compliance with policy and procedures

The contractor shall be familiar and adhere to the policy and procedures of Rosebud Indian Hospital.

No more than four (4) identified issues with compliance with policies and procedures per provider during contract period.

The quality of work performed by the contractor will be subject to review through chart audits, observations, peer review, valid complaints and QAPI data.

The invoice payment for the contract staff in question will be placed on hold until corrective actions are taken to correct performance level.

Performance Objective 2:

Quality of Care

Nursing care provided must be within nursing licensure, hospital policy & procedures, and regulatory/accreditati on standards

All services rendered shall be in accordance with current standard practices to assure quality of care.

The quality of work performed by the contractor will be subject to review through chart audits, observations, peer reviews, valid complaints and QAPI data.

The invoice payment for the contract staff in question will be placed on hold until corrective actions are taken to correct performance level.

Performance Objective 3:

Documentation of Care

Nursing assessment, progress notes and all other required documentation are required to be completed accurately and timely per hospital policy and procedures.

100% documentation completed within a timely manner

The quality of complete documentation performed by the contractor will be reviewed through chart audits.

In addition, the Health Information Management Department will provide incomplete reports generated through RPMS.

The invoice payment for the contract staff in question will be placed on hold until corrective actions are taken to correct performance level.

Performance Objective 4:

Customer Service

Providers shall be respectful, courteous, and culturally sensitive to Indian Health Service patients and staff

No more than three (3) valid complaints per provider during the contract period.

Verbal or written valid complaints received.

The invoice payment for the contract staff in question will be placed on hold until corrective actions are taken to correct performance level.

H. REPORTING REQUIREMENTS:

The contractor shall comply with all IHS Facility infection control and safety procedures, and standards. During the performance of this contract, the Contractor shall provide for the consistent performance of patient care process according to the standards of the Joint Commission (TJC) and/or center for Medicare Services (CMS) who supplies accreditation to the Rosebud Comprehensive Health Care Center hospitals and health centers. These standards shall include: The Comprehensive Accreditation Manual for Critical Access Hospitals, and the Laboratory Standards as they represent the scope of services of this contract.

If applicable, the contractor shall complete in a timely fashion, the medical and other required records for patients he/she admits or in any way provides treatment. Chart notes are to be completed on the day services are rendered. The contractor shall abide by the service unit Medical By-Laws and rules and regulations and meet all credentialing requirements in accordance with the Service Unit Medical Staff Bi laws.

Upon award, the selected medical professional(s) shall undergo Indian Health Service (IHS) mandated security clearance for work on site for the Rosebud Service Unit. The security pre clearance requirement must be adhered to: the process includes a fingerprint check and a screen check through the Office of the Inspector General's exclusion list at http://exclusions.oig.hhs.gov. Documented evidence of the clearances shall be provided to the Chief Contracting Officers at the Rosebud Comprehensive Health Care Facility.

I. PROFESSIONAL QUALIFICATIONS CRITERIA:

It is condition of this contract that all required certifications on this statement of work remain current during the life of this contract.

The contract Registered Nurse must hold a current unrestricted state license from any of the fifty (50) states of the United States of America.

The contract licensed professional nurse must have current American Heart Association certifications in the following:

A. Advanced Cardiac Life Support (ACLS) B. Pediatric Life Support (PALS) C. Basic Life Support (BLS)

The contract Registered Nurse must furnish additional documentation of skills and abilities.

The contract Registered Nurse must have one (1) year experience in Inpatient or specialty experience as necessary.

J. CHARACTER INVESTIGATION FOR CONTRACTORS WHO WILL HAVE CONTACT

WITH INDIAN CHILDREN:

A. Pro-Children Act of 1994 The Contractor certifies that it will comply with the provisions of Public Law 103- 227, Pro-Children Act of 1994 which imposes restrictions on smoking where federally funded children's services are provided. The Act requires that smoking should be prohibited in any indoor facility owned, leased or contracted for or used for the routine or regular provision of health care, day care, or early childhood development (Head Start) services to children under the age of 18. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty up to $1,000 per violation and /or the imposition of an administrative compliance order on the responsible entity. By submitting an offer and entering into a contractual agreement with the Government, Contractors certify that they will comply with the requirements of the Act. Contractors must obtain the same certification from subcontractors.

B. P.L. 101-630, The Indian Child Protection and Family Violence Prevention Act

Contractors whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, the Indian Child Protection and Family Violence Act.

HIS will conduct these investigations following award of a contract. The character investigation may be waived if, http://exclusions.oig.hhs.gov/ in the judgement of the Contracting Officer, in consultation with the Personnel Officer, an investigation has already been conducted and is on file. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor must not have unsupervised contact with Indian Children.

C. Department of Health and Human Services Tobacco Policy

The Contractor' employee shall comply with the Department of Health & Human Services Tobacco-Free Policy (copy available upon request). Contractor's employee shall not use tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS Property-owned or controlled.

D. Indian Child Protection and Family Violence Prevention Act

No performance under this contract will be allowed without full compliance with the Indian child protection and family violence prevention act, Public Law 101-630 and the Indian Health Service memo dated February 3, 1997, investigations on child care workers. Contractors shall ensure that proposed providers cooperate with and assist the government in the conduction of any necessary background checks.

E. Crime Control Act of 1990

No performance under this contract will be allowed without full compliance with the crime control; of 1990, Public Law 101-647 and the Indian Health Service memo dated February 3, 1997, investigations on child care workers.

Contractors shall ensure that proposed providers cooperate with and assist the government in the conduction of any necessary background checks.

K. REQUIRED MALPRACTICE INSURANCE:

Current Liability Insurance of not less than $300,000/$1,000,000 covering the duration of the contract.

A Certificate of Insurance evidencing the required coverage shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on claims-made basis, evidence of an extended reporting endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended endorsement is provided to the Contracting Officer.

L. COMPLIANCE WITH IHS RULES AND REGULATIONS:

Medical Practices must be within the standards of their established credentialed specialty and maintains continuing medical education, licensing, registration and certifications 100% of the time.

Documents medical screenings and examinations 100% of the time (Inpatient Unit).

Complies with all policies, By-laws, Safety, Infection Control, and rules and regulations of HHS/IHS/Rosebud Hospital with zero (0) violations.

Consults with other specialty practitioners when applicable 100% of the time.

Maintains patient privacy/confidentiality/HIPAA with zero (0) breaches of privacy.

Timely documentation that is completed 100% of the time which is to be completed PRIOR to the end of the daily shift and PRIOR to signing an invoice for payment.

Complaints on quality of care and/or conduct should be minimal and no more than three (3) per quarter (all issues will be addressed in writing to the contractor so that action can be taken).

The standards of medical practice and duties of the Contractor through its Physician(s) shall be determined pursuant to the bylaws of the Service Unit. The regulations of the hospital, applicable provisions of law, other rules and regulations of any and all governmental authorities relating to licensure and regulation of physicians and hospitals must be followed. Also the standards and recommendations of Centers for Medicare and Medicaid Services (CMS) or the Accreditation Organization must be adhered to. The Contract Physician(s) shall be required to participate in a quality improvement program, which is consistent with current requirements for ongoing monitoring and evaluation of the quality and appropriateness of care.

M. ANY SPECIAL REQUIREMENTS:

Utilizes EHR and RPMS computer system to enter and sign off on laboratory orders (90% of orders must be signed off at the end of each shift).

FAR 52-237-7 - IDENTIFICATION AND MEDICAL LIABILITY INSURANCE:

A. It is expressly agreed and understood that this is a Non-Personal Service Contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor.

The Government may evaluate the quality of professional and administrative services provided, but retain no control over professional medical judgment diagnoses, or specific medical treatments.

The Contractor shall be solely liable for and expressly agrees to indemnify the government with respect to any liability producing acts or omissions by it or by its employees or agents.

The Contractor shall maintain liability insurance issued by a responsible insurance carrier in the amount of not less than the minimum requirements established by the state in which the contract is performed during the term of the contract.

B. An apparently successful offer, upon request by the Contracting Officer shall furnish, prior to the contract award, evidence if its insurability concerning the medical liability insurance required by paragraph (1.) of this clause.

C. Liability insurance may be either on occurrence basis or a claims-made basis. If the policy is on claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

D. A Certificate of Insurance evidencing the required coverage shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on claims-made basis, evidence of an extended reporting endorsement shall be provided to the Contracting Officer prior to the expiration of this contract.

Final payment under this contract shall be withheld until evidence of the extended endorsement is provided to the Contracting Officer.

E. The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the government?s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If during the performance period of the contract, the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause for the entire period of the contract, either under the new policy or a combination of old and new policies.

F. The Contractor shall insert the substance of this clause, including this paragraph in all subcontracts under this contract or health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer, evidence of such insurance.

G. The contract terminates when the performance period expires or the Hospital (i.e. lack of funding, workload, etc.) no longer requires services.

N. Point of Contact

Callie Raymond, Acting Chief Nursing Officer Rosebud Comprehensive Healthcare Facility (IHS) (605)747-0588

G - Contract Administration Data

Period of Performance

Period of Performance will be from June 14, 2021 throuogh June 13, 2022 with four 1-year options with performance dates of:

Option Year One (1): June 14, 2022 to June 13, 2023 Option Year Two (2): June 14, 2023 to June 13, 2024 Option Year Three (3): June 14, 2024 to June 13, 2025 Option Year Four (4): June 14, 2025 to June 13, 2026

Invoice Submission & Payment

INVOICE SUBMISSION AND PAYMENT:

The Contractor shall submit a signed and approved invoice to request payment on at least a monthly basis.

(a) The Contractor shall submit an original invoice to:

Attn: Accounts Payable Great Plains Area Indian Health Service Division of Financial Management 115 4th Avenue Southeast Room 309 Federal Building Aberdeen, South Dakota 57401-4360

(b) The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b)):

1. Contractor's name;

2. Invoice number and date;

3. Entire award number or other authorization number for delivery of goods or services;

4. Description (including dates of service), price, and quantity of goods and services rendered;

5. Shipping and payment terms;

6. DUNS number and Taxpayer Identifying Number (TIN); and

7. Contact name (where practicable), title and telephone number

Payment shall be made by the Great Plains Area Financial Management Branch, Room 309 Federal Building, Aberdeen, South Dakota 57401-4360.

The Government reserves the right to accept or reject services if the level or work is unsatisfactory.

H - Special Contract Requirements

Additional Applicable Published Policy & Procedure

These referenced published policies and procedures are applicable to any contractor personnel providing services in accordance with this contract and are hereby incorporated by reference. The contractor is responsible for ensuring that all applicable contractor and subcontractor employees engaged in the direct delivery of services for this contract are aware of the applicable terms and conditions that apply and have read and familiarized themselves with the content.

Indian Health Service Circular 2016-04, Mandatory Seasonal Influenza Immunizations for the Civilian Health Care Personnel https://www.ihs.gov/ihm/circulars/2016/mandatory-seasonal-influenza-immunizations-for-civilian-health-care-personnel/.

IHS Special General Memorandum No. 95-04, Workplace Violence https://www.ihs.gov/ihm/sgm/1995/sgm-9504/.

HHS Residual Standards of Conduct https://ethics.od.nih.gov/lawreg/hhs-resid-std.htm

CFR Title 5, Chapter XLV-DHHS, Part 5501, Supplemental Standards of Ethical Conduct for Employees of the Department of Health and Human Services https://ethics.od.nih.gov/lawreg/5-CFR-5501-Unofficial-Compilation.pdf

CFR Title 5, Part 2635.101, Basic Obligation of Public Service https://www.govinfo.gov/app/details/CFR-2019-title5-vol3/CFR-2019-title5-vol3-sec2635-101

Service Contract Labor Standards

The Wage Determination, WD 2015-5377, Revision No. 14 dated 12/21/2020, is hereby incorporated by reference.

The full text of the referenced wage determination can be accessed at https://beta.sam.gov/wage-determination/2015-5377/14.

Standards of Medical Practice

The standards of medical practice and duties of the Contractor through its Physician(s) shall be determined pursuant to the bylaws of the Service Unit. The regulations of the hospital, applicable provisions of law, other rules and regulations of any and all governmental authorities relating to licensure and regulation of physicians and hospitals must be followed. Also the standards and recommendations of Centers for Medicare and Medicaid Services (CMS) or the Accreditation Organization must be adhered to. The Contract Physician(s) shall be required to participate in a quality improvement program, which is consistent with current requirements for ongoing monitoring and evaluation of the quality and appropriateness of care.

Employee Health Requirements

Contract Providers shall provide health information, proof of immunizations as recommended by the CDC (Centers for Disease Control) concerning health-care workers in the United States. Health information must include previous immunization history and proof of the following immunization records: Hepatitis B (Vaccination-declination required), Measles, Mumps, Rubella (MMR), Varicella, Influenza, and Tuberculosis.

Security Clearance

Performance of this contract will require routine access by employees of the Contractor or its subcontractors to facilities or systems controlled by the Indian Health Service (I.H.S.). Before starting work requiring routine access to I.H.S. facilities or systems, each person must complete a FBI National Criminal History Check (Fingerprint Check) adjudicated by an I.H.S. employee using the Office of Personnel Management Personnel Investigations Processing System. Contractors shall allow five business days for I.H.S. processing of fingerprints taken electronically at an I.H.S. site and thirty business days for non-electronic processing of fingerprints using FBI Form FD-258. A list of I.H.S. sites with electronic fingerprint capability is available from the Contracting Officer.

The Indian Health Service utilizes the eQIP (Electronic Questionnaire Investigations Processing) system to process background investigations. Contractors are required to work with the Service Unit Background Coordinator or other designee to properly complete their eQIP entry without error. Proper submission of the eQIP entry to the Office of Personnel Management (OPM) is required prior to the individual being allowed to begin their performance under this contract. Computers have been provided to the service unit for this purpose.

In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the HHS Office of Inspector General List of Excluded Individuals/Entities (LEIE), http://exclusions.oig.hhs.gov.

As soon as practicable, prior to the performance of the work, the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of work for screening against the LEIE. During the performance, the Contractor shall provide the Contracting Officer the names of any additional or substitute employees for screening before they begin work.

https://www.ihs.gov/ihm/circulars/2016/mandatory-seasonal-influenza-immunizations-for-civilian-health-care-personnel/ https://www.ihs.gov/ihm/circulars/2016/mandatory-seasonal-influenza-immunizations-for-civilian-health-care-personnel/ https://www.ihs.gov/ihm/sgm/1995/sgm-9504/ https://ethics.od.nih.gov/lawreg/hhs-resid-std.htm https://ethics.od.nih.gov/lawreg/5-CFR-5501-Unofficial-Compilation.pdf https://www.govinfo.gov/app/details/CFR-2019-title5-vol3/CFR-2019-title5-vol3-sec2635-101 https://beta.sam.gov/wage-determination/2015-5377/14 https://beta.sam.gov/wage-determination/2015-5377/14 http://exclusions.oig.hhs.gov/

The Contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each Contractor or subcontractor employee referred to I.H.S. is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Time and Materials, Labor-Hour or Cost Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform due to denial or access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed-Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

Government will pay for the cost to process the contractor's suitability clearances. However, multiple investigations for the same position may, at the Contracting Officer's discretion, lead to reduction(s) in the contract price of no more than the cost of the extra investigation(s).

Employees that DO NOT have access to LMS, contractors, volunteers, or IHS employees with IPAs or MOAs to tribal organizations please, click here IHS Sexual Abuse Prevention website (https://www.ihs.gov/sexualabuseprevention/training/). When the contractors have completed and passed the training, please have them send a copy of the last page of the training with Name, Date, and Time to their Supervisor, COR, and Kimmen LeBeau, e-mail: Kimmen.LeBeau@ihs.gov.

Contractor's Performance Conditions & Responsibilities

1. Contractor is responsible for reporting all taxes from wages earned under this contract to the appropriate State and Federal Agencies, provided the awardee is an individual.

2. Contractor is responsible for his/her own reliable transportation in the performance of the contract.

3. Contractor is responsible for Fringe Benefits and other benefits such as health, retirement, etc. for his/her employees, if other than self.

4. Contractor is responsible for maintaining satisfactory standards of competence, conduct, appearance and integrity. The quality of work performance of the contractor shall be subject to review.

5. Contractor is responsible for notifying the designated supervisor/director if he/she will be late, ill or unable to work for other reasons.

6. Contractor earns no leave and is compensated only for hours actually worked at the agreed compensatory rate.

7. Contractor is responsible for signing-in and signing-out of immediate work area, utilizing in-house system of accountability.

I - Clauses Incorporated by Reference & In Full Text

52.203-3 Gratuities. (APR 1984)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

(JUN 2020)

52.204-2 Security Requirements. (MAR 2021)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.224-1 Privacy Act Notification. (APR 1984) https://www.ihs.gov/sexualabuseprevention/training/ https://www.ihs.gov/sexualabuseprevention/training/ https://www.ihs.gov/sexualabuseprevention/training/

52.224-2 Privacy Act. (APR 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

352.203-70 Anti-Lobbying. (DEC 2015)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (DEC 2015)

352.223-70 Safety and Health. (DEC 2015)

352.224-70 Privacy Act. (DEC 2015)

352.226-1 Indian Preference. (DEC 2015)

352.226-2 Indian Preference Program. (DEC 2015)

352.237-70 Pro-Children Act. (DEC 2015)

352.237-71 Crime Control Act - Reporting of Child Abuse. (DEC 2015)

352.237-72 Crime Control Act - Requirement for Background Checks. (DEC 2015)

352.237-73 Indian Child Protection and Family Violence Act. (DEC 2015)

352.237-74 Non-Discrimination in Service Delivery. (DEC 2015)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

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

(JAN 2021)

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

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

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

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

(AUG 2020) (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: (Contracting Officer check as appropriate.)

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

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

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

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

(5) (Reserved)

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

[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. (JUN 2020) (31 U.S.C. 6101 note).

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

2313).

[ ] (10) (Reserved)

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[ ] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (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 (JUN 2020) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (JUN 2020) of 52.219-9.

[ ] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

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

[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

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

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.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 2020) (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] (ii) Alternate I (FEB 1999) of 52.222-26.

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

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

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

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

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

[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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

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

(ii) Alternate I (JUN 2014) 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 (JUN 2016) (E.O. 13693).

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

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

[ ] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 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 (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 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 (NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (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 (OCT 2018) (31 U.S.C. 3332).

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

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[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) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

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

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

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

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

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

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 2016) (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 (OCT 2020) (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 (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

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

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.216-18 Ordering. (AUG 2020)

(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 Date of Award through May 31, 2022.

(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.

(En…