Solicitation 75H70626R00032.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Non- Personal, Commercial Service, Purchase Order for a maintenance and support subscription that will provide software updates, technical support, and continued compatibility with existing telecommunications environment in response to Solicitation Number 75H70626R00032.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01 on March 13, 2026.

D. This Solicitation issued is set aside for 100% Service-Disabled Veteran-Owned Small Business. The associated NAICS Code is 541519 – Other Computer Related Services, which has a small business size standard of $34.0 million. The associated PSC Code is DA10 – IT and Telecom – Business Application/Application Development Software as a Service.

E. The quoted unit pricing must be all inclusive. All-inclusive is defined to include travel, including, but not be limited to, travel, lodging, per diem, fringe benefits, federal, state and local taxes, plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

F. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (DEVIATION DATE). Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number: 75H70626R00032

2. Closing Date: October 26, 2026, at 5:00 pm CST.

3. Name, address and telephone number of company and email address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary.

5. Terms of any express warranty.

6. Price and any discount terms.

7. “Remit to” address, if different than mailing address.

8. Acknowledgment of Solicitation Amendments (if any issued)

9. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

10. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

11. The following forms must be filled out and completed.

1. SF1449 Request for Quote

G. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (DEVIATION DATE) Basis of Award is Lowest Price Technically Acceptable (LPTA). The award selection will be conducted using 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 as "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating in any factor will result in the proposal being rated "UNACCEPTABLE". A proposal rating of "UNACCEPTABLE" makes a proposal ineligible for award. Since the LPTA methodology prohibits trade-offs, all evaluation factors are equally important. Proposals are evaluated for acceptability but are 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 range.

INTENT TO AWARD WITHOUT DISCUSSIONS: The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In the event discussions are held, a competitive range determination will be made. If the Contracting Officer determines the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit efficient competition among the most highly rated proposals.

However, The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three (3) factors to provide a maintenance and support subscription that will provide software updates, technical support, and continued compatibility with existing telecommunications environment(s).

1. Technical Capability: Meeting Contractor Qualifications and Contractor Requirements under the Performance Work Statement (PWS) which are consistent in the scope and complexity of the PWS.

a. Solicitation Submittal Requirements: Proposals, which merely offer a statement to conduct/provide services in accordance with the requirements in the Governments PWS, will not be eligible for award. The offeror must submit an explanation that meets the requirements identified under Contractor Qualifications and Contractor Requirements.

b. Basis of Evaluation: This factor will be evaluated as “ACCEPTABLE” if explanation meets the requirements Contractor Qualifications and Contractor Requirements. If explanation do not comply with Contractor Qualifications and Contractor Requirements, this factor will receive an “UNACCEPTABLE” rating.

2. Past Performance

a. Solicitation Submittal Requirements: The offeror’s performance on contracts completed during the past three (3) years and all contracts currently in progress for similar Comprehensive Maintenance Service and Support Agreements.

b. Basis of Evaluation. Recency: For the purposes of this solicitation, a past performance record is recent if the CPAR final date of assessment listed in the “Period of Performance Being Assessed” block is within the 24-month period preceding a 24-month proposal due date. Relevancy: For the purposes of this solicitation, a past performance record is relevant if the CPAR business sector is listed as “Services”. In order to receive an "acceptable" rating for this factor, an Offer's recent and relevant CPARs must NOT include one or more INTERIM and/or FINAL CPARs with a rating of "UNSATISFACTORY" in one or more categories OR one or more INTERIM and/or FINAL CPARs with a rating of "MARGINAL" in two or more categories. If an Offeror has one or more CPARs with a rating of "UNSATISFACTORY" in one or more categories OR one or more CPARs with a rating of "MARGINAL" in two or more categories, the Offeror's past performance will be evaluated as "UNACCEPTABLE". In the case of an Offeror without a record of recent and relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” An “UNACCEPTABLE” rating for a single factor will result in the Offeror’s entire proposal being rated

“UNACCEPTABLE”.

3. Price

a. Solicitation Submittal Requirements: Completed Price Schedule Sheet.

b. Basis of Evaluation: The Government will evaluate price based on the total proposed price calculated as the sum of bid item that includes Contract cost, Subcontractor cost (if applicable), Overhead and Profit. Analysis will be conducted by one or more of the following techniques to ensure a fair and reasonable price: (i) Comparison of proposed prices received in response to the RFP. (ii) Comparison of proposed prices with the IGE. (iii) Comparison of proposed prices with available historical information.

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

H. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (DEVIATION DATE). Applied to this acquisition and it’s by reference.

I. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable.

J. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Division of Acquisition Management Attn: William Kohl, Contract Specialist Email: William.Kohl@ihs.gov

Any questions, please submit by email to: William.Kohl@ihs.gov; before October 13, 2026, by 12:00 pm CST. Contractors will need a Unique Entity ID (UEI) number, TIN number, and be registered with www.sam.gov.

K. Invoice Processing Platform (IPP)

The Indian Health Service (IHS) has implemented an electronic invoicing system. In compliance with the Office of Management and Budget (OMB) 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 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 to make sure your organization and designated IPP user accounts are valid and up to date.

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

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.

mailto:William.Kohl@ihs.gov mailto:William.Kohl@ihs.gov http://www.sam.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

ATTACHMENTS:

1. SF1449 Request for Quotes

2. Performance Work Statement

3. Provisions and Clauses

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

159IHSGREATPLAINS AREA CODE 16. ADMINISTERED BYCODE

X

X

541519

SIZE STANDARD:

% 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

10/26/2026 1700 CD

09/26/2026

WILLIAM KOHL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626R00032

5. SOLICITATION NUMBER

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

1 3 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Aberdeen SD 57401

115 4th Ave SE Federal Building

Division of Acquisition Management

INDIAN HEALTH SERVICE

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)

Great Plains Area WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

ABERDEEN SD 57401-4301

115 4TH AVENUE SE

Great Plains Area IHS

IHSGREATPLAINS AREA

Aberdeen SD 57401

115 4th Ave SE Federal Building

Division of Acquisition Management

INDIAN HEALTH SERVICE

Great Plains Area

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm-Fixed Price, Non-Personal, Commercial Service, Purchase Order for a maintenance and support subscription that will provide software updates, technical support, and continued compatibility with existing telecommunications environment for the Great Plains Area (GPAIHS) Office of Information Technology to provide critical emergency notification capabilities, operational messaging, and safety communications across the GPAIHS healthcare facilities.

(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.

The quoted unit price is an all-inclusive cost.

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.

Delivery: 11/01/2027

Period of Performance: 11/02/2026 to 11/01/2027

1 InformaCast Advanced Notification Enterprise

Subscription Licensing Term 1 Year

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

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626R00032 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 Office of Management and Budget (OMB) mandates that U.S. federal agencies use the

Internet Protocol version 6 (IPv6). In November

2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the

Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only

IPv6". The IHS requires all new IT systems

(hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network.

The Offeror's solution shall comply with the

IPv6 standards profile as defined by the NIST

USGv6 Program:

https://www.nist.gov/programs-projects/usgv6-progr am

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

Sponsored by GSA

FAR (48 CFR) 53.110

PERFORMANCE WORK STATEMENT (PWS)

InformaCast Maintenance and Support Renewal

Office of Information Technology Great Plains Area Indian Health Service, Aberdeen, South Dakota

1. Background

The Great Plains Area Office of Information Technology utilizes InformaCast as its enterprise mass notification system integrated with the existing Voice over Internet Protocol (VoIP) infrastructure. The system provides critical emergency notification capabilities, operational messaging, and safety communications across healthcare facilities, including hospitals and clinics.

Continued maintenance and support are required to ensure the availability, reliability, security, and functionality of the InformaCast platform.

2. Objective

The objective of this requirement is to maintain uninterrupted access to the InformaCast mass notification system through a one-year maintenance and support subscription that provides software updates, technical support, and continued compatibility with the existing telecommunications environment.

3. Scope

The contractor shall provide all services, subscriptions, software maintenance, upgrades, patches, and technical support necessary to maintain the operational capability of the existing InformaCast system and all currently licensed endpoints throughout the period of performance.

The contractor shall ensure that the system remains fully supported, secure, and functional without degradation of service.

4. Performance Requirements

Performance Objective

Performance Standard Acceptable Quality Level (AQL)

Surveillance Method

Maintain active InformaCast subscription services

Subscription remains active and uninterrupted throughout the period of performance

100% continuous coverage

Review of subscription status and licensing documentation

Performance Objective

Performance Standard Acceptable Quality Level (AQL)

Surveillance Method

Provide software updates and upgrades

Updates, patches, and manufacturer-released upgrades are made available during the subscription period

100% of eligible releases provided

Verification of release availability

Maintain system compatibility

InformaCast remains compatible with the existing VoIP infrastructure and licensed endpoints

No loss of functionality attributable to subscription support deficiencies

System performance review

Provide technical support services

Authorized personnel have access to vendor technical support for issue resolution

Support available during vendor-supported business hours

Review of support access and ticket records

Maintain operational functionality

System remains operational and capable of transmitting emergencies and operational notifications

No interruption caused by failure to maintain subscription services

Functional verification and user validation

Address software defects

Manufacturer-issued bug fixes and corrections are made available when released

100% of applicable releases provided

Review of release notes and update records

5. Deliverables

The contractor shall provide:

1. Active InformaCast maintenance and subscription coverage for all licensed endpoints.

2. Access to software updates, patches, bug fixes, and version upgrades released during the period of performance.

3. Access to technical support resources and troubleshooting assistance.

4. Documentation confirming subscription renewal and coverage period.

5. Notification of major software releases affecting system functionality or security.

6. Period of Performance

Date of Award, plus one (1) year.

7. Place of Performance

Services shall be performed remotely. Support shall cover facilities throughout the Great Plains Area Indian Health Service, including hospitals and clinics utilizing the InformaCast system.

8. Contractor-Furnished Property/Services

The contractor shall furnish all resources necessary to provide:

• Subscription maintenance services.

• Software updates, patches, and upgrades.

• Technical support services.

• Access to vendor support portals and knowledge resources.

9. Government-Furnished Property (GFP)

The Government will provide:

• Access to the existing InformaCast environment as required for support activities.

• Access to the associated VoIP infrastructure when necessary for troubleshooting and compatibility verification.

• Designated points of contact for coordination of support activities.

10. Quality Assurance and Acceptance

The Government will accept performance when:

1. Subscription services remain active throughout the period of performance.

2. Software updates, patches, and upgrades are available as released by the manufacturer.

3. Technical support access is maintained throughout the subscription period.

4. The InformaCast system remains operational and capable of supporting emergency and operational notifications.

5. No interruption of service occurs due to contractor failure to maintain required subscription coverage.

11. Security Requirements

The contractor shall comply with all applicable Federal information security requirements and industry best practices.

The contractor shall:

• Ensure software updates and support activities do not introduce known security vulnerabilities.

• Provide manufacturer-issued security patches as they become available.

• Protect Government information accessed during support activities.

• Comply with all applicable HHS, IHS, and Federal cybersecurity policies and requirements.

12. Performance-Based Acquisition Statement

This requirement is performance-based. The Government is primarily concerned with the outcomes identified in this PWS. The contractor is responsible for determining the methods, processes, and resources necessary to achieve the required performance standards and service levels.

13. Government Points of Contact

13.1 Contracting Officer (CO) Authority

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

13.1.2 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.

13.1.3 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:

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

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

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

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

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

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

The Contracting Officer identified at the time of contract award. Only the Contracting Officer has the authority to modify the contract, authorize changes, obligate funds, or otherwise bind the Government.

13.2 Contracting Officer’s Representative (COR)

Edwin Harris, COR 1, IT Specialist Office of Information Technology (OIT) Indian Health Service – Great Plains Area Email: Edwin.Harris@ihs.gov Ph: 605-355-2501

The Technical Point of Contact (TPOC) is responsible for providing technical guidance, coordinating access to Government systems and personnel, monitoring contractor performance, and receiving deliverables. The TPOC is not authorized to modify contract terms, direct work outside the scope of the contract, obligate funds, or otherwise bind the Government.

mailto:Edwin.Harris@ihs.gov

FIRM FIXED-PRICE, NON-PERSONAL, COMMERCIAL PRODUCTS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far

(End of provision)

FAR Citation Clause Title Clause Date 52.204-7 System for Award Management DEVIATION DATE

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

DEVIATION DATE

SOLICITATIONS IN FULL TEXT

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.acquisition.gov/far/52.107#FAR_52_107 http://www.acquisition.gov/far http://www.acquisition.gov/far https://www.acquisition.gov/far/52.107#FAR_52_107

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

(End of clause)

FAR Citation Clause Title Clause Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

DEVIATION DATE

52.204-13 System for Award Management DEVIATION DATE

52.204-19 Incorporated by Reference of Representations and Certifications DEC 2014 52.212-4 Terms and Conditions – Commercial Products and Commercial

Services

DEVIATION DATE

52.222-50 Combating Trafficking in Persons DEVIATION DATE

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

52.232-1 Payments APR 1984 52.232-18 Availability of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments of Small Business Subcontractors MAR 2023 52.233-1 Disputes DEVIATION DATE

52.233-3 Protest After Award DEVIATION DATE

52.233-4 Applicable Law of Breach of Contract Claim DEVIATION DATE

52.237-3 Continuity of Services JAN 1991 52.242-5 Payments to Small Business Subcontractors JUN 2017 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Products and Commercial Services DEVIATION DATE

52.246-4 Inspection of Services Fixed-Price AUG 1996 52.246-20 Warranty of Services MAY 2001 52.246-25 Limitation of Liability Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.252-6 Authorization Deviations in Clauses NOV 2020 52.253-1 Computer Generated Forms DEVIATION DATE

HHSAR

Citation

Clause Title Clause Date

352-239-73 Electronic Information and Technology Accessibility Notice DEC 2015 352-239-74 Electronic Information and Technology Accessibility DEC 2015 http://www.acquisition.gov/far

CLAUSES INCORPORATED IN FULL TEXT

52.217-8 Option to Extend Services.

As prescribed in 17.203(f), insert a clause substantially the same as the following:

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 60 days.

(End of clause)

52.224-1 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 function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of clause)

52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-

(i) The systems of records; and

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

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation 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 operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular 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 information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

HHSAR 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.

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

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: [INSERT RESTRICTED TYPES OF INFORMATION. IF NONE, SO STATE.]

(ii) The reason(s) for restricting the types of information identified 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) 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.

(End of Clause)

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (DEC 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.226-2Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (DEC 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor's employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including -

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Public Law 93-638; 88 Stat. 2205; 25 U.S.C.

450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal's price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate -

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor's Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688;

43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the…