Sol_75H70626Q00027.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

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

311999

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR167

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

01/22/2026 1600 MS

12/23/2025

605-867-3379MARY BAIRD

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00027

5. SOLICITATION NUMBER

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

1 20 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Pine Ridge SD 57770 Pine Ridge PHS Indian Hospital

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

Pine Ridge Service Unit

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.

ADMINISTERED BY:

Pine Ridge Service Unit Pine Ridge PHS Indian Hospital 607 Indian Health Road E. Hwy 18 Pine Ridge SD 57770 This is a 100% Total Small Business, Open Market Set-Aside.

Solicitation for Dietary Food Delivery Services, for the Dietary Department at the Pine Ridge Indian Health Service (IHS) Hospital, located in

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

HEREIN, IS ACCEPTED AS TO ITEMS:

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.

Pine Ridge, South Dakota.

The Period of Performance will be a One (1) Year

Base period, with One (1) additional Option Year period.

1 DIETARY FOOD DELIVERY SERVICES

BASE YEAR: $______________

2 OPTION YEAR ONE (1): DIETARY FOOD DELIVERY

SERVICES

OY 1- $________________

Invoice Processing Platform (IPP)

In compliance with the Office of Management and

Budget (0MB) M-15-19 memorandum "Improving

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

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

20 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 20

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00027 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 to make sure your organization and designated IPP user accounts are valid and up to date.

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

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

Sponsored by GSA

FAR (48 CFR) 53.110

Provision or Clause Effective Date 52.203-7 Anti-Kickback Procedures. Jun-20 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Sep-24 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun-20 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. Jan-17 52.204-7 System for Award Management. Nov-24 52.214-3 Amendments to Invitations for Bids. Dec-16 52.214-4 False Statements in Bids. Apr-84 52.214-5 Submission of Bids. Dec-16 52.214-6 Explanation to Prospective Bidders. Apr-84 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov-99 52.214-10 Contract Award-Sealed Bidding. Jul-90 52.217-2 Cancellation Under Multi-year Contracts. Oct-97 52.217-5 Evaluation of Options. Jul-90 52.217-8 Option to Extend Services. Nov-99 52.217-9 Option to Extend the Term of the Contract. Mar-00 52.219-1 Small Business Program Representations. Feb-24 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May-24 52.232-1 Payments. Apr-84 52.232-8 Discounts for Prompt Payment. Feb-02 52.232-39 Unenforceability of Unauthorized Obligations. Jun-13 52.252-1 Solicitation Provisions Incorporated by Reference. Feb-98 52.252-2 Clauses Incorporated by Reference. Feb-98

Federal AcquisiƟon RegulaƟon

52.212-1 InstrucƟons to Offerors—Commercial Products and Commercial Services.

As prescribed in 12.205(a)(1), insert a clause substanƟally as follows:

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION DATE)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitaƟon at or before the exact Ɵme specified in this solicitaƟon. As a minimum, offers shall include—

(1) The solicitaƟon number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique EnƟty IdenƟfier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) InformaƟon necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitaƟon;

(5) Responses to provisions that require Offeror compleƟon of informaƟon, representaƟons, and cerƟficaƟons (other than those collected via the System for Award Management

(SAM)); and

(6) A statement specifying the extent of agreement with all terms, condiƟons, and provisions included in the solicitaƟon and any solicitaƟon amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another Ɵme period is specified in an addendum to the solicitaƟon.

(c) Late submissions, modificaƟons, revisions, and withdrawals of offers.

(1) Offerors are responsible for submiƫng offers and any modificaƟons or revisions to the

Government office designated in the solicitaƟon by the Ɵme specified in the solicitaƟon.

(2) Any offer, modificaƟon, or revision received aŌer the Ɵme specified for receipt of offers is

“late” and will not be considered unless it is received before award is made and the ContracƟng

Officer determines that accepƟng the late offer would not unduly delay the acquisiƟon.

However, a late modificaƟon of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any Ɵme it is received and may be accepted.

(3) If an emergency or unanƟcipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact Ɵme specified in the solicitaƟon, and urgent Government requirements preclude amendment of the solicitaƟon or other noƟce of an extension of the closing date, the Ɵme specified for receipt of offers will be deemed to be extended to the same Ɵme of day specified in the solicitaƟon on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by wriƩen noƟce to the Government received at any

Ɵme before award.

(d) Contract award (not applicable to InvitaƟon for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s iniƟal offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such acƟon is in the public interest, accept other than the lowest offer, and waive informaliƟes and minor irregulariƟes in offers received.

(e) Debriefings. If a postaward debriefing is given to requesƟng Offerors, the Government will disclose the following informaƟon, if applicable:

(1) The agency’s evaluaƟon of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical raƟng of the successful Offeror and the debriefed Offeror and past performance informaƟon on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selecƟon.

(4) A summary of the raƟonale for award.

(5) For acquisiƟons of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant quesƟons posed by the debriefed Offeror as to whether the agency followed source-selecƟon procedures set forth in the solicitaƟon, applicable regulaƟons, and other applicable authoriƟes.

(End of provision)

52.212-2 EvaluaƟon—Commercial Products and Commercial Services.

As prescribed in 12.205(a)(2), insert a provision substanƟally as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) EvaluaƟon factors. The Government will award a contract resulƟng from this solicitaƟon to the responsible Offeror whose offer conforming to the solicitaƟon will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

[Insert evaluaƟon factors in the relaƟve order of importance. For requests for proposals, state:

EvaluaƟon factors other than price when combined are [significantly more important than price/approximately equal to price/significantly less important] than price. For invitaƟons for bids, list only price and price-related factors.]

(b) OpƟons (if applicable). The Government will evaluate offers for award purposes by adding the total price for all opƟons to the total price for the basic requirement. The

Government may determine that an offer is unacceptable if the opƟon prices are significantly unbalanced. The evaluaƟon of opƟons does not obligate the Government to exercise the opƟon(s).

(c) NoƟce of award. A wriƩen noƟce of award or acceptance of an offer furnished to the successful Offeror within the Ɵme for acceptance specified in the offer, shall result in a binding contract without further acƟon by either party. Before the offer’s specified expiraƟon Ɵme, the

Government may accept an offer (or part of an offer), whether or not there are negoƟaƟons aŌer its receipt, unless a wriƩen noƟce of withdrawal is received before award.

(End of provision)

52.212-4 Terms and CondiƟons—Commercial Products and Commercial Services.

As prescribed in 12.205(b)(3), insert the following clause:

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION DATE)

(a) DefiniƟons. The clause at Federal AcquisiƟon RegulaƟon (FAR) 52.202-1, DefiniƟons, is incorporated by reference.

(b) InspecƟon/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 reducƟon or adequate consideraƟon for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable Ɵme aŌer the defect was discovered or should have been discovered;

and

(2) Before any substanƟal change occurs in the condiƟon of the item, unless the change is due to the defect in the item.

(c) 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 insƟtuƟon, 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.

(d) Changes. Changes in the terms and condiƟons of this contract may be made only by wriƩen agreement of the parƟes.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parƟes to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or acƟon arising under or relaƟng to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resoluƟon of any dispute arising under the contract.

(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. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quaranƟne restricƟons, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) NoƟfy the ContracƟng Officer in wriƟng as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) NoƟfy the ContracƟng Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the informaƟon required by 5 CFR part 1315.9(b).

(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 noƟfied 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 desƟnaƟons 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 regulaƟons at 5 CFR part 1315.

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

(4) 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 descripƟon of the overpayment including the—

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

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

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

(D) Contractor point of contact; and

(ii) Provide a copy of the remiƩance and supporƟng documentaƟon to the ContracƟng Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due unƟl 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 unƟl 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 ContracƟng Officer will issue a final decision as required by FAR part

33 if–

(A) The ContracƟng 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 ContracƟng Officer within the Ɵmeline 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 collecƟon on a debt previously demanded by the ContracƟng Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall idenƟfy 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 wriƩen demand for payment, including any demand for payment resulƟng from a terminaƟon for cause.

(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 for interest credits prescribed in FAR part 32 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 unƟl, and shall pass to the Government upon—

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

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

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

(l) TerminaƟon 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 terminaƟon, the Contractor shall immediately stop all work 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 reflecƟng the percentage of the work performed prior to the noƟce of terminaƟon, plus reasonable charges the Contractor can demonstrate to the saƟsfacƟon of the Government using its standard record keeping system, have resulted from the terminaƟon. The Contractor shall not be required to comply with the cost accounƟng 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) TerminaƟon 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 condiƟons, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure noƟce to the Contractor, unless the reason for the terminaƟon is late delivery. In the event of terminaƟon 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 terminaƟon shall be deemed a terminaƟon for convenience.

(n) Title. Unless specified elsewhere in this contract, Ɵtle 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 under this contract are merchantable and fit for use for the parƟcular purpose described in this contract.

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relaƟng to limitaƟons on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;

41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportaƟon;

and 41 U.S.C. chapter 21 relaƟng to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitaƟon or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized ObligaƟons paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitaƟon or contract;

(4) Addenda to this solicitaƟon or contract;

(5) SolicitaƟon provisions incorporated in the solicitaƟon;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and aƩachments; and

(8) The specificaƟon.

(s) Unauthorized obligaƟons.

(1) Except as stated in paragraph (s)(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 enƟty for damages, costs, fees, or any other loss or liability that would create an AnƟ-Deficiency Act violaƟon (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), execuƟon 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 (s)(1) of this clause does not apply to indemnificaƟon by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulaƟons and procedures.

(t) Comptroller General examinaƟon of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisiƟon threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representaƟve of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly perƟnent records involving transacƟons related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable Ɵmes, the records, materials, and other evidence for examinaƟon, audit, or reproducƟon, unƟl 3 years aŌer final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or parƟally terminated, the records relaƟng to the work terminated shall be made available for 3 years aŌer any resulƟng final terminaƟon seƩlement. Records relaƟng to appeals under the disputes clause or to liƟgaƟon or the seƩlement of claims arising under or relaƟng to this contract shall be made available unƟl such appeals, liƟgaƟon, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounƟng procedures and pracƟces, and other data, regardless of type and regardless of form. This clause 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.

(u) IncorporaƟon by reference. The Contractor’s representaƟons and cerƟficaƟons, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.224-1 Privacy Act NoƟficaƟon.

As prescribed in 24.104, insert the following clause in solicitaƟons and contracts:

PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency funcƟon subject to the Privacy Act of1974, Public Law93-

579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulaƟons. ViolaƟon of the Act may involve the imposiƟon of criminal penalƟes.

(End of clause)

52.224-2 Privacy Act.

As prescribed in 24.104, insert the following clause in solicitaƟons and contracts:

PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of1974 (the Act) and the agency rules and regulaƟons issued under the Act in the design, development, or operaƟon of any system of records on individuals to accomplish an agency funcƟon when the contract specifically idenƟfies-

(i) The systems of records; and

(ii) The design, development, or operaƟon work that the contractor is to perform;

(2) Include the Privacy Act noƟficaƟon contained in this contract in every solicitaƟon and resulƟng subcontract and in every subcontract awarded without a solicitaƟon, when the work statement in the proposed subcontract requires the design, development, or operaƟon of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operaƟon of such a system of records. (b)

In the event of violaƟons of the Act, a civil acƟon may be brought against the agency involved when the violaƟon concerns the design, development, or operaƟon of a system of records on individuals to accomplish an agency funcƟon, and criminal penalƟes may be imposed upon the officers or employees of the agency when the violaƟon concerns the operaƟon of a system of records on individuals to accomplish an agency funcƟon. For purposes of the Act, when the contract is for the operaƟon of a system of records on individuals to accomplish an agency funcƟon, the Contractor and any employee of the Contractor is considered to be an employee of the agency.

(c)

(1) "OperaƟon of a system of records," as used in this clause, means performance of any of the acƟviƟes associated with maintaining the system of records, including the collecƟon, use, and disseminaƟon of records.

(2) "Record," as used in this clause, means any item, collecƟon, or grouping of informaƟon about an individual that is maintained by an agency, including, but not limited to, educaƟon, financial transacƟons, medical history, and criminal or employment history and that contains the person’s name, or the idenƟfying number, symbol, or other idenƟfying parƟcular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which informaƟon is retrieved by the name of the individual or by some idenƟfying number, symbol, or other idenƟfying parƟcular assigned to the individual.

(End of clause)

52.224-3 Privacy Training.

As prescribed in 24.302(a), insert the following clause:

PRIVACY TRAINING (JAN 2017)

(a) DefiniƟon. As used in this clause, "personally idenƟfiable informaƟon" means informaƟon that can be used to disƟnguish or trace an individual's idenƟty, either alone or when combined with other informaƟon that is linked or linkable to a specific individual. (See

Office of Management and Budget (OMB) Circular A-130, Managing Federal InformaƟon as a

Strategic Resource).

(b) The Contractor shall ensure that iniƟal privacy training, and annual privacy training thereaŌer, is completed by contractor employees who-

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally idenƟfiable informaƟon on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.3 and

39.105).

(c)

(1) "Privacy training shall address the key elements necessary for ensuring the safeguarding of personally idenƟfiable informaƟon or a system of records. The training shall be role-based, provide foundaƟonal as well as more advanced levels of training, and have measures in place to test the knowledge level of users. At a minimum, the privacy training shall cover-

(i) The provisions of the Privacy Act of 1974 ( 5 U.S.C. 552a), including penalƟes for violaƟons of the Act;

(ii) The appropriate handling and safeguarding of personally idenƟfiable informaƟon;

(iii) The authorized and official use of a system of records or any other personally idenƟfiable informaƟon;

(iv) The restricƟon on the use of unauthorized equipment to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise access personally idenƟfiable informaƟon;

(v) The prohibiƟon against the unauthorized use of a system of records or unauthorized disclosure, access, handling, or use of personally idenƟfiable informaƟon; and

(vi) The procedures to be followed in the event of a suspected or confirmed breach of a system of records or the unauthorized disclosure, access, handling, or use of personally idenƟfiable informaƟon (see OMB guidance for Preparing for and Responding to a Breach of Personally

IdenƟfiable InformaƟon).

(2) CompleƟon of an agency-developed or agency-conducted training course shall be deemed to saƟsfy these elements.

(d) The Contractor shall maintain and, upon request, provide documentaƟon of compleƟon of privacy training to the ContracƟng Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally idenƟfiable informaƟon, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will-

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally idenƟfiable informaƟon; or

(3) Design, develop, maintain, or operate a system of records.

(End of clause)

Health and Human Services AcquisiƟon RegulaƟon

352.224-70 Privacy Act.

As prescribed in HHSAR 324.105(a), the ContracƟng Officer shall insert the following clause:

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 funcƟon in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulaƟons.

The term system of records means a group of any records under the control of any agency from which informaƟon is retrieved by the name of the individual or by some idenƟfying number, symbol, or other idenƟfying parƟcular assigned to the individual. ViolaƟons of the Act by the Contractor and/or its employees may result in the imposiƟon of criminal penalƟes (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 penalƟes for violaƟon 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 operaƟon of the designated system(s) of records (5 U.S.C.

552a(m)(1)). The contract work statement:

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

(b) Specifies the disposiƟon to be made of such records upon compleƟon of contract performance.

(End of clause)

352.224-71 ConfidenƟal InformaƟon.

As prescribed in HHSAR 324.105(b), insert the following clause:

ConfidenƟal InformaƟon (DEC 2015)

(a) ConfidenƟal InformaƟon, as used in this clause, means informaƟon or data of a personal nature about an individual, or proprietary informaƟon or data submiƩed by or pertaining to an insƟtuƟon or organizaƟon.

(b) Specific informaƟon or categories of informaƟon that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidenƟal may be idenƟfied elsewhere in this contract. The ContracƟng Officer may modify this contract to idenƟfy ConfidenƟal InformaƟon from Ɵme to Ɵme during performance.

(c) ConfidenƟal InformaƟon or records shall not be disclosed by the Contractor unƟl:

(1) WriƩen advance noƟce of at least 45 days shall be provided to the ContracƟng 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 informaƟon provided by or on behalf of the government,

(i) The publicaƟon or disseminaƟon of the following types of informaƟon are restricted under this contract: [INSERT RESTRICTED TYPES OF

INFORMATION. IF NONE,

SO STATE.]

(ii) The reason(s) for restricƟng the types of informaƟon idenƟfied in subparagraph (i) is/are: [STATE WHY THE PUBLIC OR GOVERNMENT INTEREST REQUIRES THE RESTRICTION OF

EACH TYPE OF INFORMATION. ANY BASIS FOR

NONDISCLOSURE WHICH WOULD BE VALID UNDER THE FREEDOM OF

INFORMATION ACT IS SUFFICIENT UNDER THIS CLAUSE.]

(iii) WriƩen advance noƟce of at least 45 days shall be provided to the

ContracƟng

Officer of the Contractor's intent to disseminate or publish informaƟon idenƟfied in subparagraph (2)(i). The contractor shall not disseminate or publish such informaƟon without the wriƩen consent of the ContracƟng Officer.

(d) Whenever the Contractor is uncertain with regard to the confidenƟality of or a property interest in informaƟon under this contract, the Contractor should consult with the ContracƟng Officer prior to any release, disclosure, disseminaƟon, or publicaƟon

352.232-71 Electronic submission of payment requests

As prescribed in HHSAR 332.7003, use the following clause:

Electronic Submission of Payment Requests

(a) Definitions. As used in this clause -

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

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

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

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

(End of Clause)