75H70720R00010 - complete.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

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225 Albuquerque Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

X

621210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR203

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/10/2020 1700 MS

03/21/2020

505-256-6751GENEVIEVE MONK

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70720R00010

5. SOLICITATION NUMBER

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

1 52 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Albuquerque New Mexico 87120-3101 9169 Coors Road NW Albuquerque Indian Dental Clinic

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)X

Albuquerque Indian Health Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Acquisition is a 100% Small Business Set-Aside.

The DHHS/USPHS Albuquerque Area Office - Albuquerque Indian Dental Clinic has a requirement for General Dentistry Services with Endodontic emphasis to be provided at the Albuquerque Indian Dental Clinic.

A SINGLE AWARD WILL BE MADE AS A RESULT OF THIS

SOLICATION.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

GENEVIEVE L. MONK

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

75H70720R00010 – General Dentistry Services with Endodontic emphasis at the Albuquerque Indian Health Clinic

SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICES

1 The Indian Health Service (IHS)/Albuquerque Area Office, Albuquerque Indian Dental Clinic (AIDC) the part-time services of a General Dentistry Services with Endodontic emphasis.

2 The Government contemplates to signal award Purchase order resulting from this solicitation.

1.2 PRICE OR COST

This solicitation will result in multiple Firm-Fixed-Price (FFP) Purchase Order(PO) precise quantities that will be ordered during the contract period. Pricing proposals should be determined based on the 8-hour shift, 3 days a month for a total of 36 days and a total of 288 hours per year.

1.3 GENERAL CONTRACT INFORMATION

This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.401, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract must maintain medical liability insurance. Coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty. The contract is required to ensure that its subcontract for provisions of health care services contain the requirement of the Clause 52.237-7, including the maintenance of medical liability insurance.

1. As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

2. The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

1.4 FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:

"Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at Telephone No. (505) 256-6749, AAO, Division of Contracts and Grants, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations."

PRICING

Hourly Rate Total Hours Total

Base Year $_______________ 288 Hours $_______________

Option Year One $_______________ 288 Hours $_______________

Option Year Two $_______________ 288 Hours $_______________

Option Year Three $_______________ 288 Hours $_______________

Option Year Four $_______________ 288 Hours $_______________

Grand Total $_________________________

1.5 PLACE OF PERFORMANCE/LOCATION

The contractor shall provide services when scheduled at the following sites:

Albuquerque Indian Dental Clinic (AIDC)

9169 Coors Road NW

Albuquerque, New Mexico 87193

1.6 PERIOD OF PERFORMANCE

The Period of Performance for this contract is one year from date of award, with four (4) One-Year Options (if exercised).

Representations, Certifications and Other Statement of Offerors

To Be Completed by the Offeror: (The Representation and Certifications must be executed by the individual authorized to bind the offeror). The offeror makes the following Representations and Certifications as part of the offer (Please check or complete all appropriate boxes or blanks. Some items may not be applicable to the offeror, these items must still be checked or completed as a negative response).

Name of Offeror:

Typed Name of Authorized Individual:

Signature of Authorized Individual

Date

SECTION 2 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1, Government Property

Item No Property Description Property Value Qty.

1 Computer 1 2 Telephone 1 3 Desk/Chair 1 4 PIV Card 1 5 PPE Equipment

Government Furnished Information / Property and Services

Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.

Joint Use by the Government and the Contractor: Except for the property and service listed in 10.7.1, the Government will provide, for joint use by the Government and the Contractor, all necessary equipment, supplies, and clinic space to perform the services under this contract.

Contractor Exclusive Use:

Personal Protective Equipment (PPE): The Government will furnish the Contractor with appropriate PPE other than specified in the contract. The Government will be responsible for any repair, cleaning, and inventory required for the PPE. This does not include any type of uniform or laboratory coat.

The Government will provide facility specific contractor identification badges for each contractor. For lost or destroyed badges, there is a minimum charge of $20.00.

Training: Facility specific orientation/training necessary for the Contractor to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training provided ONLY if the subject matter is necessary to improve or enhance the quality of services or includes mandates made by the IHS Service Units/Health Centers while the providers are working under this contract. Training not provided for the purpose of continuing education, career development or individual development.

Contractor Furnished Property

Except for the property specified in paragraph 10.9.3 as government furnished, the Contractor shall provide all uniforms and other personal medical instruments subject to the following:

Uniforms and Lab Coats: Uniforms and Lab Coats must conform to the requirements of the Indian Health Service Manual, Part 3, and Chapter 4 and meet the approval of the Chief Nurse Executive at each IHS facility.

Other personal medical instruments: "Other personal medical instruments" defined, as Contractor owned items include but not limited to stethoscope, scissors, as appropriate to the work unit. The Contractor must not use unsafe equipment or supplies at any time during performance of this contract. All Contractor furnished equipment and supplies shall be subject to inspection by the Government and must be approved by the COR prior to use by the Contractor. The Government reserves the right to prohibit the use of any materials, supplies, or equipment.

SECTION 3 - CONTRACTOR FURNISHED ITEMS

Except for the property specified in Section 10.7, Contractor will provide all other items as required to carry out the services.

SECTION 4 - PERFORMANCE WORK STATEMENT

This statement describes the requirements for General Dentistry Services with Endodontic emphasis to support the mission of the Albuquerque Area of the Indian Health Service (IHS). The Government shall furnish all equipment, supplies, quality controls, and incidentals necessary to provide General Dentistry Services with Endodontic emphasis at the Albuquerque Indian Dental Clinic (AIDC).

Provide general dentistry/endodontic services a branch of dentistry dealing with the cause, diagnosis, prevention, and treatment of diseases of the dental pulp/root canal therapy as needed by the AIDC clinical team. The need will be sporadic and occur when patient needs warrant. Provide examinations, diagnoses, prognoses, treatment planning, follow-up of patients and consultations as needed. All services will be documented by existing AIDC protocols and procedures and appropriate clinical standards will be followed. The contractor shall provide appropriate General Dentistry Services with Endodontic emphasis particularly focusing in the utilization of his professional training and experience in order to perform the following:

The Contractor Shall:

l. Provide General Dentistry/Endodontic Dental Consultative Services as needed for the dental providers at the Albuquerque IHS Dental Clinic.

2. Provide general dentistry/endodontic dental care to Native American patients and provide examinations, diagnosis, prognosis, treatment planning, follow-up and consultations as needed for all patients soon.

3. Consult with other health care providers when a medical and/or developmental I condition requires further investigation.

4. Prescribe appropriate medications when needed.

5. Document treatment needs and treatment provided in the dental record of the patients in accordance with the Albuquerque IHS dental program's policy and procedures.

6. Provide eight hours per clinic day providing direct patient care to a variety of general dentistry/endodontic patients (refer to Schedule of Services).

7. Follow the criterion stated in the IHS Technical Quality of Care and Indirect Review of Clinical Quality and Risk Management (available at http://www.ihs.gov/RiskManagement) contained in the Oral Health Program Guide for the IHS (second edition, 2006) available at http://www.doh.ihs.gov/clinicmanagement/ohpg/OHPG.pdf in the performance of this contract to maintain continuity of care with other IHS facilities and to insure proper health care for the patients.

8. Provide general dentistry/endodontic dental services that include but are not limited to the professional and scientific work in the prevention, diagnosis and treatment of diseases, injuries and deformities of the teeth, the jaws, organs of the mouth, and other structures in the oral cavity and mastication system of patients of any age.

9. Be able to diagnose and treat oral pathology within the limits of their usual professional qualifications and within the standards of quality generally provided by licensed and practicing dentists in the United States. In providing these services, the contractor assumes the same responsibilities and provides the same consideration, advise, instruction, personal home care guidance, and quality of treatment to IHS beneficiaries, under the terms of this contract, as is provided to the general public.

Schedule of Services:

Requested services are 3 days a month, 12 months a year not to exceed a total of 288 hours, at Albuquerque Indian Dental Clinic, to be agreed upon by Indian Health Service and contractor and scheduled in advance. The fee is a flat per day (8 hour day) rate with up to 8 – 15 patients scheduled each day. This daily cost is inclusive of all necessary labor, New Mexico Gross Receipt Tax. The normal working hours for all clinics are Monday through Friday from 8:00am to 12:00pm and from l:00 pm to 5:00pm, except all federal holidays.

A forty-five (45) minute lunch break is permitted under this contract.

NOTE: Under the Department of Labor, Employment Standards Administration, Wage and Hour Division, Minimum Length of Meal Period required under State Law for Adult Employees in Private Sector, the State of New Mexico does not require a meal period; however, for the State of New Mexico, by a provision applicable to females, and administratively extended to men, does not require a meal period, but provides that when a meal period is granted; it must be at least 45 minute, not counted as time worked.

By virtue of its contracts, the IHS allows a 45 minute for a meal period and a 15-minute break during the AM and PM hours of performance.

If a contractor chose not to take a 45-minute lunch break, it cannot be invoiced as time worked.

Travel to and from the facility/office site are not included in the tour of duty and cannot be invoiced as part of the tour of duty day

Scheduling Quantities:

The following individuals are authorized to schedule patients’ services.

IHS staff authorized to schedule:

Maureen Cordova Dr. Darlene Sorrell

Delivery of Services:

Services are scheduled 2 weeks or more in advance.

Quality Assurance:

The Contractor's performance shall be subject to review as part of the Albuquerque Indian Service Quality Assurance Program. The review will consist of assignments accomplished and supervisory review of work. The contractor is required to correct any deficiencies identified. Failure to take corrective action may result in termination of the contract, and may also be terminated for cause if facilities are endangered or harmed as a result of the contractor's action.

Responsibility Factors:

Each dentist who is referred to the dental department for contract services shall meet the following qualification:

1. Contractor must be a graduate of an accredited dental school and possess a D.D.S. or D.M.D. degree.

2. Contractor must be a graduate of an accredited residency program in endodontic dentistry.

3. Contractor must be certified by the American Board of Endodontic Dentistry.

4. Contractor must be licensed in a state of the United States or its territories in order to practice endodontic dentistry.

5. Contractor must be credentialed and privileged to provide endodontic dental services through the Albuquerque IHS Dental Clinic.

6. Contractor shall provide documentation of past employment and training history. Three written and verifiable reference letters addressing applicant's reliability and stability, interpersonal interaction and suitability for working with children and adolescents.

7. Contractor must provide a resume detailing his experience and work history.

8. Contractor is subject to character investigation in the performance of the contract in accordance with P.L. 101- 630, "Indian Child Protection and Family Violence Prevention Act Of 1990".

Health Requirements of Contracted Healthcare Providers:

Furnish documentation that reflects immunity for the indicated vaccine preventable diseases through documented disease, vaccination history, serology results, and/or any documented episodes of adverse events after vaccination. Any contractor’s employee who is allergic to a component of a vaccine and/or have a history of a severe reaction to a vaccine is not required to receive that vaccine with documented proof of contraindication to the vaccination. The following are additional requirements for specific vaccine preventable diseases.

• Measles:

- Vaccinations with 2 doses of live measles or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity, - Laboratory confirmation of disease, or - Birth before 1957.

• Mumps:

- Vaccinations with 2 doses of live mumps or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity,

- Laboratory confirmation of disease, or

- Birth before 1957.

• Rubella:

- Vaccinations with 1 dose of live rubella or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity,

- Laboratory confirmation of disease, or - Birth before 1957 • Hepatitis B:

- Vaccinations with three doses of Hepatitis B vaccines, or - signed declination of Hepatitis B vaccination series.

• Varicella:

- Vaccinations with two doses of varicella at least 4 weeks apart,

- Laboratory evidence of immunity or confirmation of disease,

- Diagnosis or verification of history of varicella disease by a health care provider, or - Diagnosis or verification of a history of herpes zoster by a health care provider.

• Influenza:

- Vaccination with one dose of current annual influenza season vaccine.

- Documented proof of the contraindication to the influenza vaccination as outlined by Advisory Committee on Immunization Practices recommendations, or

- Written statement justifying religious exemption from influenza vaccination.

Note: unvaccinated contract staff with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS facility during the influenza season.

• Pertussis

-Vaccination with one dose of Tdap vaccine.

• Any additional immunization in accordance with IHS Immunization Policy that is available upon request.

The contract staff must have written documentation of TB test (TST or IGRA) within the last 12 months. If documented Positive TB test:

- Provide chest x-ray report of “No active TB disease” following positive TB test.

- Annual sign and symptoms screen:

• If negative sign and symptom screen, follow up chest x-ray not indicated.

• If signs and symptoms screen positive, contract staff must have written documentation of chest x-ray and health care provider evaluation.

For credentialed provider contract staff, they must have documentation from the provider’s physician or chief of staff that confirms they do not have any health problems (including disability, emotional stability, drug, or alcohol dependency) that might impair his/her ability to care for patient at time of application.

Criminal History Background Check:

Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor‘s employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required, and upon clearance of this stage, a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detailed background application and the application is to be completed within 30 days once the contractor’s employee has been given physical and logical access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with Task Order terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the COR. See HHSAR Clauses 352.237-72 and 352.237-73.

1. Required Training: Protecting Children from Sexual Abuse as stated in IHM Circular 19-05: Contractor Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Children from Sexual Abuse by Health Care Providers. Each provider must take this training within 30 days from their start date at the service unit. Certificate should be provided to the COR.

2. Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5- 27.3(B)(9) of the Indian Health Manual.

3. Challenges to Conflicts: For any inconsistency between COR and Contractor's employee, the employee should contact their agency. If this situation needs further remedies, then the Contractor will contact the COR

4. When the Contractor demonstrates impaired judgement, they cannot continue working on the task order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

Additional Requirements:

The following additional requirements will be applicable under this contract:

1) The Contractor shall designate in writing, a Contractor’s Representative, who has authority to act for the Contractor and be responsible for contract performance. The Contractor shall provide the name, telephone/facsimile number and e-mail address of the Representative in writing to the Contracting Officer Representative (COR) within 5 days after contract award. An alternate name and telephone number shall be provided when the primary person will be absent for more than three days.

2) Contractor may use existing Government owned restrooms and toilet facilities.

3) The Contractor shall possess all licenses and certifications required by Federal, State, and local laws prior to performance of this contract and shall be maintained current during the term of the contract. Contractor employees shall be courteous, professional, present a neat appearance and be easily recognized. This includes wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that contain the company name and employee name. The Contractor shall furnish to the Contracting Officer, prior to commencement of performance, evidence of insurance coverage described herein:

A) Evidence of worker’s compensation insurance and liability insurance for all employees’, facilities and vehicles.

B) For the purpose of fulfilling obligations under this paragraph, the Contractor shall procure and maintain during the term of performance, liability insurance in form satisfactory to the Contracting Officer. The amount of insurance shall not be less than $1,000,000 medical liability each person, $3,000,000 per occurrence and $100,000 property damage.

5. INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No. Title Date

52.246-4 Inspection of Services – Fixed Priced (Aug 1996)

6. METHOD OF PAYMENT/INVOICE SUBMISSION

Proper Invoice: Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

Additionally, the Contractor is required to include its Federal Tax ID number on each invoice.

The Contractor shall submit invoices monthly. A complete invoice with all required back-up documentation shall be sent by e-mail or regular postal mail to:

1. Buyer: Genevieve Monk, genevieve.monk@ihs.gov

2. Contracting Officer's Representative (COR): Maureen Cordova, Maureen.cordova@ihs.gov

3. Albuquerque Finance: Rhonda Boal, alb_aoapinvoices@ihs.gov

Do not send non-invoice related documents (i.e. deliverables, reports, and balance statements) to the Buyer or Albuquerque Finance. Failure to submit required documents directly to the offices as listed above will delay prompt payment of your invoice.

For all invoices submitted by email or mail: the subject line of your email invoice submission shall contain the contractor name, contract/order number, and invoice number (e.g. Company Name, Contract HHSI2422014XXXXXX, Invoice #123). The Contractor shall send one email per contract/order per quarter. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. Excel formats will NOT be accepted.

The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word). The Contractor shall submit invoices and narrative reports with the following information on each invoice.

The Contractor shall submit invoices directly to the following address:

E-INVOICE ADDRESS: alb_aoapinvoices@ihs.gov (for electronic invoices) or to address (If paper invoices):

Albuquerque Area Office

Indian Health Service

Division of Accounting Services

4101 Indian School Road, NE Albuquerque, NM 87110

Training and training expenses are not covered by this contract, unless it is included as; training required by IHS for new technology or as a requirement of the IHS and, IHS itself has not had the required training to carry out its mission.

Per mandate by the U. S. Department of Treasury and effective July 1996, payments by Electronic Funds Transfer System will be made to the Contractors designated financial institute.

Payment Office:

Albuquerque Indian Health Service

Division of Accounting Services

4101 Indian School Road, NE

Suite 2252, 2nd Floor

Albuquerque, New Mexico 87110

Electronic Funds Transfer (EFT) Disbursed by:

U. S. Department of Treasury

Office of Disbursements

Austin, TX 73301

7. HHS 352.223-70, Safety and Health (Apr 1984):

In order to provide safety controls for protection to the life and health of employees and other person; for prevention of damage to all property; and for avoidance of work interruptions in the performance of the contract; the Contractor will comply with the following standards: Industry standards for this type of work.

a. Further, the Contractor shall take or cause to be taken such additional safety measures as the Contracting Officer may determine to be reasonably necessary; provided, that, if compliance with such additional safety measures results in a material increase in the cost or time of performance of the contract, an equitable adjustment will be made in accordance with the clause of this contract entitled "Changes."

b. Prior to commencement of work, the Contractor will submit in writing its plan for complying with the safety and health provisions of this contract, and will meet with the Contracting Officer or his/her designated representative to discuss and develop a mutual understanding relative to administration of the overall safety program.

c. During the performance of work under this contract, the Contractor shall comply with all procedures prescribed by the Contracting Officer for the control and safety of persons visiting the job site and will comply with such requirements to prevent accidents as may be prescribed by the Contracting Officer.

d. The Contractor will maintain an accurate record of, and report to the Contracting Officer in such manner as the Contracting Officer may prescribe all accidents and incidents resulting in death, traumatic injury, occupational disease, and/or damage to all property incidents to work performed under the contract.

e. The Contracting Officer shall notify (if otherwise, confirm in writing) the Contractor of any noncompliance with the provisions of this clause and corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action. (Such notice, when delivered to the Contractor or its representative at the site of the work, shall be deemed sufficient for the purpose.) If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be the subject of claim for extension of time or for costs or damages by the Contractor.

f. The Contractor shall insert the substance of this clause in each subcontract involving the use of hazardous materials or operations.

Compliance with the provisions of this clause by subcontractors will be the responsibility of the Contractor.

Department of Labor:

No contractor or subcontractor holding a service contract for any dollar amount shall pay any of its employees working on the contract less than the minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206).

The Department of Labor, Wage and Hour Division has issued a Wage Determination for laborers to be employed under this contract. Wage Determination No. 2015-5443, Revision #1 (dated 01/25/2017) is incorporated into this contract pursuant to Federal Acquisition Regulation (FAR) 22.1108-2. (Refer to the List of Attachments).

In addition, to paying employees appropriate hourly wages the contractor is responsible for fringe benefits applicable to all classes of service employees engaged in contract performance. Fringe benefits are not included in the hourly wages.

Subcontracts:

Contracts between Contractor and Subcontractor(s) shall require:

a) Subcontractor(s) to be bound to the contractor by the terms of the Contract, and to assume toward vendor all obligations and responsibilities in which contractor, by the Contract, assumes toward the client, and;

b) Allow the Subcontractor(s) the benefit of all rights, remedies, and redress afforded to contractor by this contract.

FAR 52.217-5 Evaluation of Options (Jul 1990):

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 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.

52.217-9 Option to Extend the Terms of the Contract (Mar 2000):

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 five (5) years.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through last day of contract performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract the contract shall control.

(c) If mailed, delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period ·shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after 09/30/2016.

8. CONTRACT ADMINISTRATION

AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

CONTRACTING OFFICER

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Genevieve L. Monk(CO)

Indian Health Service/Division of Contracts & Grants Management (DCGM)

4101 Indian School Road NE, Suite 225

Albuquerque, NM 87110

Phone: 505-256-6751

Email: Genevieve.monk@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

CONTRACT ADMINISTRATOR

All Contract administration performed by:

Genevieve Monk, Contract Specialist (CS)

Indian Health Service/Division of Contracts & Grants Management (DCGM)

4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

Phone: 505-256-6751

Email: Genevieve.monk@ihs.gov mailto:Genevieve.monk@ihs.gov

Contracting Officer’s Representative (COR):

Maureen Cordova, telephone number (505) 922-4248, and Alternate COR Darlene Sorrell, telephone number (505) 922- 4239, are hereby designated as the COR for this contract. The COR’s responsibilities are to coordinate with the contractor the technical aspects of the contract and the review of performance hereunder. The COR does not have the authority to:

change or alter the order amount, terms and conditions.

The COR’s responsibilities include ensuring contractor accountability, monitoring the contractor's technical progress-including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements, interpreting the statement of work, performing technical evaluations as required, performing technical inspection and acceptance required, assisting the contractor in the resolution of technical problems encountered during performance and receiving and processing invoices for payment.

9. TECHNICAL MONITORING

(a) Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate COR designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that

(1) Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the

COR.

If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes" (FAR 52.233-1, Disputes).

10. SECURITY

a. To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

b. To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

(i) HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/

(ii) HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

(iii) Reserved

(iv) HHS HSPD-12 Implementation Policy (draft)

c. The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

d. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

e. Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).

f. Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.

g. Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

h. Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

REFERENCES: The work performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMS, HHS, NIST, and US Cert. Statutes and Acts generally applicable to IHS security include, but are not limited to the following:

• Health Information Technology for Economic and Clinical Health Act

• Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law

107-347, Title Ill).

• OMB Circular A-130 and Appendix Ill, Security of Federal Automated Information Resources

• OMB Circular A-11, Preparing, Submitting, and Executing the Budget

• Presidential Decision Directive 63 (POD 63)

• NIST Special Publications - 800 Series

IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES

A. The Contractor not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70)

B. Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.

C. The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Obtain prior approval before dissemination of information from the Government Contracting Officer for the release or dissemination of information related to this contract.

ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE

1. Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract. All data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism used in the processing of said information or data. The

Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.

a. Send copies of the final Reports and Deliverables under each task to the Indian Health Service and kept on file.

At the end of the contract, all files must be kept by the Contractor for audit purposes.

b. Works other than Software Development or Enhancements

c. No software will be developed, modified, or enhanced under this acquisition.

2. Send copies of the final Reports and Deliverables under each task to the Indian Health Service and kept on file.

At the end of the contract, all files must be kept by the Contractor for audit purposes.

3. Works other than Software Development or Enhancements

4. No software will be developed, modified, or enhanced under this acquisition.

11. FEDERAL ACQUISITION REGULATIONS CLAUSES AND PROVISIONS

Incorporated by Reference

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

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.212-1 Instructions to Offerors-Commercial Items(Oct 2018) 52.222-17 Non-displacement of Qualified Workers (May 2014) 52.223-6 Drug-Free Workplace (May 2001) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments (Feb 2013) 52.232-11 Extras (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug 1989) 52.245-1 Government Property (Jan 2017) 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.246-20 Warranty of Services (May 2001)

REPRESENTATIONS. CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS CLAUSES

INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, 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 full text of a clause accessed electronically at this website address: FAR - https://www.acguisition.gov/far/index.html.

OFFEROR STATEMENTS

Solicitation Number:

Organization Name:

TIN Number and DUNS Number:

52.209-11 - REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by…