Solicitation Package 26Q00003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

X

811210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR159

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

11/10/2025 1200 CT

10/10/2025

605-945-5427MONA WEINMAN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00003

5. SOLICITATION NUMBER

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

1 9 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Aberdeen SD 57401 115 Fourth Ave, SE Federal Building

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Aberdeen Area Indian Health Servic

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm fixed-price, non-personal service contract to provide a comprehensive maintenance service and support agreement for various Hologic Imaging equipment located at multiple facilities within the region served by the Great Plains Area Indian Health Service, Aberdeen, South Dakota.

Period of performance will be base year plus four (4), one (1) year option periods.

The quoted unit price is an all-inclusive cost.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

NICHOLE R. LEREW

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

Contractors will provide the facility Clinical

Engineering department copies of training certificates and/or a statement of competency for the specific makes/models of equipment their employees will be working on under this purchase order/contract.

Any contractor employees who will be accessing a government owned/rented/leased data system

(including medical devices) will be required to complete the IHS Information System Security

Awareness Training and provide a copy of the certificate of completion to the facility

Clinical Engineering department. Any contractor employees who will be working on-site in an IHS facility shall pass a security clearance, including fingerprints, prior to working on-site and wear and display at all times contractor issued and (if provided) IHS issued photographic identification badges.

Contractors performing preventive maintenance

(PM) on medical equipment shall provide the facility Clinical Engineering department a copy of that checklist prior to the work being performed, and a copy of the completed checklist after work is performed. The PM checklist shall

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

9 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003 follow the original equipment manufacturer's prescribed checks at the OEMs prescribed intervals.

Any parts replaced during repair or during routine maintenance that result in a separate charge to the IHS, shall be given to the facility

Clinical Engineering department for inspection and will not be removed from the facility without express written consent of clinical Engineering.

Contractor's terms and conditions must be presented prior to award to be considered.

This award selection will be conducted using

Lowest Price Technically Acceptable (LPTA) procedures. To be eligible for award, a proposal must meet all technical requirements, conform to all required terms and conditions, and include all information required. All non-price evaluation factors must be rated at "ACCEPTABLE" in order to be eligible for award. An

"UNACCEPTABLE" rating in any factor will result in the proposal being rated "UNACCEPTABLE" unless corrected through discussions. A proposal rating of "UNACCEPTABLE" makes a proposal ineligible for award. Since the LPTA methodology prohibits trade-offs, all evaluation factors and sub-factors are equally important. Proposals are evaluated for acceptability but not ranked using the non-price factors.

A price evaluation will be performed for all offerors and proposals will be ranked from lowest to highest price based on the Total Proposed

Price (TPP) provided by the offeror on the price schedule sheet. Next, an evaluation of each factor and, subsequently, the overall proposal will be performed beginning with the lowest priced proposal. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-price factors. The Government intends to award a contract without conducting discussions;

therefore, the initial proposal shall conform to the solicitation requirements and should contain the best offer from a technical and price perspective.

Note: A price that is found to be either unreasonably high or unrealistically low in

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003 relation to the proposed work may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall proposal being considered unacceptable.

Period of Performance: 11/13/2025 to 11/12/2026

1 Base Year SMA to cover Hologic Imaging Devices for Pine Ridge Hospital Selenia Dimensions

6000(3D) (SN SDM131500925) (Biomed Control

45PRB-004792)

2 Base Year SMA to cover Hologic Imaging Devices for Rosebud Hospital Selenia Dimensions 5000(3D)

(SN 81403143220) (Biomed Control 45RRB-003206)

3 Base Year SMA to cover Hologic Imaging Devices for Belcourt Hospital (QNBMHCF) Selenia

Dimensions 5000(3D) (SN 81008167096) (Biomed

Control 45BLB-002850)

4 Base Year SMA to cover Hologic Imaging Devices for Sisseton Health Center Selenia Dimensions

6000(3D) (SN SDM131501006) (Biomed Control

45SIB-001750)

5 OY 1 SMA to cover Hologic Imaging Devices Pine

Ridge Hospital Selenia Dimensions 6000(3D) (SN

SDM131500925) (Biomed Control 45PRB-004792)

(Option Line Item)

08/31/2026

Period of Performance: 11/13/2026 to 11/12/2027

Continued ...

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

5 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003

6 OY 1 SMA to cover Hologic Imaging Devices Rosebud

Hospital Selenia Dimensions 5000(3D) (SN

81403143220) (Biomed Control 45RRB-003206)

(Option Line Item)

08/31/2026

Period of Performance: 11/13/2026 to 11/12/2027

7 OY 1 SMA to cover Hologic Imaging Devices

Belcourt Hospital (QNBMHCF) Selenia Dimensions

5000(3D) (SN 81008167096) (Biomed Control

45BLB-002850)

(Option Line Item)

08/31/2026

Period of Performance: 11/13/2026 to 11/12/2027

8 OY 1 SMA to cover Hologic Imaging Devices

Sisseton Health Center Selenia Dimensions

6000(3D) (SN SDM131501006) (Biomed Control

45SIB-001750)

(Option Line Item)

08/31/2026

Period of Performance: 11/13/2026 to 11/12/2027

9 OY 2 SMA to cover Hologic Imaging Devices Pine

Ridge Hospital Selenia Dimensions 6000(3D) (SN

SDM131500925) (Biomed Control 45PRB-004792)

(Option Line Item)

08/31/2027

Period of Performance: 11/13/2027 to 11/12/2028

10 OY 2 SMA to cover Hologic Imaging Devices Rosebud

Hospital Selenia Dimensions 5000(3D) (SN

81403143220) (Biomed Control 45RRB-003206)

(Option Line Item)

Continued ...

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

6 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003

08/31/2027

Period of Performance: 11/13/2027 to 11/12/2028

11 OY 2 SMA to cover Hologic Imaging Devices

Belcourt Hospital (QNBMHCF) Selenia Dimensions

5000(3D) (SN 81008167096) (Biomed Control

45BLB-002850)

(Option Line Item)

08/31/2027

Period of Performance: 11/13/2027 to 11/12/2028

12 OY 2 SMA to cover Hologic Imaging Devices

Sisseton Health Center Selenia Dimensions

6000(3D) (SN SDM131501006) (Biomed Control

45SIB-001750)

(Option Line Item)

08/31/2027

Period of Performance: 11/13/2027 to 11/12/2028

13 OY 3 SMA to cover Hologic Imaging Devices Pine

Ridge Hospital Selenia Dimensions 6000(3D) (SN

SDM131500925) (Biomed Control 45PRB-004792)

(Option Line Item)

08/31/2028

Period of Performance: 11/13/2028 to 11/12/2029

14 OY 3 SMA to cover Hologic Imaging Devices Rosebud

Hospital Selenia Dimensions 5000(3D) (SN

81403143220) (Biomed Control 45RRB-003206)

(Option Line Item)

08/31/2028

Period of Performance: 11/13/2028 to 11/12/2029

Continued ...

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

7 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003

15 OY 3 SMA to cover Hologic Imaging Devices

Belcourt Hospital (QNBMHCF) Selenia Dimensions

5000(3D) (SN 81008167096) (Biomed Control

45BLB-002850)

(Option Line Item)

08/31/2028

Period of Performance: 11/13/2028 to 11/12/2029

16 OY 3 SMA to cover Hologic Imaging Devices

Sisseton Health Center Selenia Dimensions

6000(3D) (SN SDM131501006) (Biomed Control

45SIB-001750)

(Option Line Item)

08/31/2028

Period of Performance: 11/13/2028 to 11/12/2029

17 OY 4 SMA to cover Hologic Imaging Devices Pine

Ridge Hospital Selenia Dimensions 6000(3D) (SN

SDM131500925) (Biomed Control 45PRB-004792)

(Option Line Item)

08/31/2029

Period of Performance: 11/13/2029 to 11/12/2030

18 OY 4 SMA to cover Hologic Imaging Devices Rosebud

Hospital Selenia Dimensions 5000(3D) (SN

81403143220) (Biomed Control 45RRB-003206)

(Option Line Item)

08/31/2029

Period of Performance: 11/13/2029 to 11/12/2030

19 OY 4 SMA to cover Hologic Imaging Devices

Belcourt Hospital (QNBMHCF) Selenia Dimensions

5000(3D) (SN 81008167096) (Biomed Control

45BLB-002850)

Continued ...

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

8 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003

(Option Line Item)

08/31/2029

Period of Performance: 11/13/2029 to 11/12/2030

20 OY 4 SMA to cover Hologic Imaging Devices

Sisseton Health Center Selenia Dimensions

6000(3D) (SN SDM131501006) (Biomed Control

45SIB-001750)

(Option Line Item)

08/31/2029

Period of Performance: 11/13/2029 to 11/12/2030

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no Gray Market Goods or

Counterfeit Electronic Parts shall be provided.

Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM's) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system in compliance with the Office of Management and

Budget (OMB) M-15-19 memorandum Improving

Continued ...

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

9 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00003

Government Efficiency and Saving Taxpayer Dollars

Through Electronic Invoicing directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors.

Invoices submitted under any award resulting from this solicitation will be required to utilize the

Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and

Processing of Payment Requests.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the

Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St.

Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization, and designated IPP user accounts are valid and up to date.

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

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or

IPPCustomerSupport@fiscal.treasury.gov.

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

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

Provisions and Clauses Incorporated by Reference & In Full Text

52.204-7 System for Award Management. (NOV 2024) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 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) 352.226-1 Indian Preference. (DEC 2015) 352.232-71 Electronic submission of payment requests

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449;

(8) other documents, exhibits, and attachments; and (9) the specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.217-8 Option To Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

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 15 calendar days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 5 years.

(End of clause)

52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond [ ]. 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 [ ], 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.

(End of clause)

352.224-70 Privacy Act. (DEC 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or

(c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform;

and

(b) Specifies the disposition to be made of such records upon completion of contract performance. (End of clause)

352.224-71 Confidential Information. (DEC 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract: []

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: []

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

STATEMENT OF WORK

Service & Support on Hologic Imaging Systems – Great Plains Area Indian Health Service

C-1 PURPOSE:

The purpose of this contract is to provide a comprehensive service and support agreement for various imaging equipment manufactured by Hologic located at multiple facilities within the region served by the Great Plains Area Indian Health Service (SD, ND, IA, NE). The award of a contract will be a firm-fixed price type.

C-2 SCOPE OF WORK:

Contractor shall provide to the Great Plains Area Indian Health Service, hereafter referred to as the Government, with the services described in this statement of work for the period specified.

Calibration/ Preventive Maintenance: The service to be performed by the contractor under this contract and for the bid price shall include ALL parts, labor, tools, equipment, literature, transportation, per diem necessary to provide complete calibration/preventive maintenance and mechanical/electrical safety testing as recommended by the original equipment manufacturer (OEM) and required by the Center for Medicare and Medicaid Services and various accrediting bodies. Only new or original equipment manufacturers (OEM) certified replacement parts will be used for replacement of any component found defective.

The Contractor shall submit, upon issuance of the contract, a schedule showing the dates of future/scheduled services per the OEM recommended and/or statutorily required intervals. This schedule will comply with the interval/time definitions of The Joint Commission (TJC) Environment of Care accreditation standards.

All services are to be performed within the windows prescribed by CMS, TJC, DNV-GL and other accrediting entities:

• Quarterly: once every three months +/- 10 days

• Semi-annual: 6 months from the last scheduled event month +/- 20 days

• Annual: 12 months from the last scheduled event month +/- 30 days

Unscheduled Maintenance and parts: Unscheduled maintenance, repair, emergency call back, recall, modification, breakdown repair is covered under this contract, except as specifically listed under C-4 Exclusions. Contractor will provide at no additional cost to the Government all parts, labor, tools, equipment, literature, transportation and per diem necessary to provide complete repair of all unscheduled maintenance requirements. Only new or original equipment manufacturers (OEM) certified replacement parts will be used for replacement of any component found defective.

Glassware: Glassware coverage, to include x-ray tubes, detectors, and other parts typically associated with, or commonly referred to as ‘glassware’, will be covered on a non-prorated basis.

Removal: At no time shall the contractor remove, or cause to be removed, any device, operation option, or accessory from the healthcare clinic, hospital, or health station without express written consent from the Contracting Officer Representative or Clinical Engineering.

Hours of Performance: Unless otherwise stated, or negotiated, work shall be performed Monday through Friday, 8am to 5 pm excluding weekends and holidays.

Technical Evaluation factors

1. Qualifications: Professional qualifications necessary for satisfactory performance of required services, as stated in Statement of

Work, Section C-2.

2. Company Management: Management has an experienced cadre of people that have at least five years of experience in management of delivery of services as required by the SOW, two years of which have been with the contractor.

3. Capacity: Capacity to accomplish the services and provide qualified personnel, e.g. contractor has currently available personnel or has demonstrated its ability to recruit personnel within seven days of contract award.

4. Past Performance. Past performance on at least two or more similar or same scope of contracts with government agencies and private industry in terms of quality of work, compliance with performance schedules, provision of qualified persons to client both at time of award and to replacement of contractor persons.

C-3 EQUIPMENT:

All equipment that is part of the system shall be covered to include associated workstations (SecurView, Techmate, CAD):

SEE ATTACHED EQUIPMENT LISTING – Contractor is expected to contact each facility to verify/validate list

C-4 EXCLUSIONS:

Contractor is not responsible for damage caused by failure to operate the equipment in accordance with manufacturer’s instructions, abuse, misuse, or neglect, or damage by fire, lightning, flood, tornado, windstorm, hail, earthquake, explosion, smoke, aircraft accident, motor vehicle accident, collapse of building, strike, riot, vandalism, power failure or fluctuations, heating or air conditioning failure.

If the Contractor determines that there is probable cause to believe that an operator or equipment user is abusing, neglecting, or mishandling an item of equipment, the Contractor shall notify the COR.

The following are specifically excluded from this contract:

• Operating supplies or accessories not furnished by Contractor during normal Preventive Maintenance Inspection and Services, such as expendable items including recording charts, paper, ink, pens, ribbons, pen arms, etc.

• Work external to the equipment or maintenance of accessories, alterations, attachments or other devices not specifically covered under this contract unless noted in writing.

• Equipment which has been modified, altered, added to, improperly repaired, improperly installed, or used in violation of the manufacturer’s instructions or damages resulting from other than ordinary use.

Any questions regarding the applicability of any or all determinations and/or findings that are subject to protest and/or disputes will be adjudicated by the Great Plains Area Indian Health Service Senior Contracting Officer.

C-5 DOCUMENTATION:

The Contractor shall provide all inspection forms and labels necessary to perform services as specified.

Preventive Maintenance must be a checklist showing the OEM’s recommended checks, that they were performed, and the results of the checks, the date next due, and the recommended interval(s)

The Contractor is required to present the service tickets/calibration record with the P.O. number of the service contract on them for each time a service is performed on the equipment, including PMs. These service tickets shall not take the place of the PM checklist. Lack of service tickets being presented will be cause for non-payment by the Government. One copy of the service ticket (together with the PM checklist) shall be left with the Department Supervisor, and one copy (together with the PM checklist) shall be provided to the COR within one week of the service. Service tickets may be submitted via email to abr_oehbiomed@ihs.gov (note there is an underscore between abr and oeh (abr_oeh)).

C-6 QUALITY CONTROL:

The Government reserves the right to review and verify the contractor’s work.

The Contractor shall have a prior successful history in providing services that demonstrates and ability to provide these services to the Government.

C-7 BASIS OF PAYMENT:

All payments are due and payable upon receipt of complete and accurate invoices and in accordance with the Prompt Payment Act. Invoices shall be submitted via the Invoice Processing Platform (IPP) with all information and supporting documentation as described in C-5 Documentation. A complete and accurate invoice is substantially correct in that all aspects of the required information are clear on the invoice. If items such as invoice number, date, dates of service, contract/purchase order number, etc., are not on the invoice, it will be returned to the Contractor for resubmission.

C-8 LIABILITY:

In no event shall the Government release the Contractor from liability arising from acts of omission, improper repair, negligence, or deliberate or non-deliberate acts that jeopardize the health and safety of patients and/or Government employees.

The rules of law governing such incidents or actions shall prevail.

C-9 RELEASES:

No information, findings, or determinations generated in pursuit of this contract may be released outside of the contractors’ immediate possession without the concurrence of the Contracting Officer.

C-10 WARRANTY:

All contractor labor will be warranted for 30 days from the date the work was performed. All parts and material sold/provided by the contractor for installation under this contract will be warranted for a minimum of 30 days. Warranty call back service shall be provided during the warranty period at no additional charge.

C-11 CONTRACTOR’S TERMS & CONDITIONS:

The contractor’s terms and conditions shall be incorporated into the contract by reference. Where conflicts arise, the Federal Acquisition Regulations, and other Federal Regulations, Laws and Rules shall take precedence.

mailto:abr_oehbiomed@ihs.gov

C-12 SECURITY/ PRIVACY

CONFIDENTIAL INFORMATION

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract:

Patient Identifiable PHI/ PII, Networking Infrastructure

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: To protect records related solely to the internal personnel rules and practices of an agency.

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain regarding the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

C-13 GOVERNING LAW

Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of [Company to insert name of state if one is mentioned in its TOS] (excluding [Company's state] choice of law rules) will apply in the absence of applicable federal law.

C-14 AUTHORITY

1.1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

1.2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

1.3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

1.3.1. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

1.3.2. A purported modification or change order issued by anyone other than the Contracting Officer;

1.3.3. A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

1.3.4. An order, direction, consent, or permission from anyone other than the Contracting Officer to:

1.3.4.1. Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

1.3.4.2. Expend hours in excess of a specified level of effort.