Terms and Conditions for Nurse Advise Line.pdf

Nurse Advise Line (phone triage) ACL IHC Solicitation No. 75H70725R00003 Page 4 of 40

SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 Services

1.1.1 The Indian Health Service (IHS)/Albuquerque Area Office, Acoma-Canoncito-Laguna Indian Health Center (ACL IHC) has a requirement for Nurse Advise Line (phone triage) for the facility located at Acoma, New Mexico.

1.1.2 The Government contemplates to award purchase order resulting from this solicitation.

1.2 Price or Cost: This solicitation will result in a Firm-Fixed-Price (FFP) purchase order.

1.3 General Contract Information

1.3.1 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.

1.3.2 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 Contract Price

1.4.1 The price for this contract is $ (TBD).

1.4.2 Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in Section 7 of this contract, the

Government shall pay to the Contractor resulting from the awarded contract price.

1.4.3 Upon delivery and acceptance the services described in the Performance Work Statement (PWS) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line-Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

Item # Contract Period Description of Services Total Amount CLIN 1 Base Year

TBD, 2024 through TBD, 2025 Rate Per Call $ (Estimated 50 calls per month) $ (Estimated 600 calls per year) $ One-Time Implementation Fee $ Monthly Fee (if applicable) Minimum Monthly Billing*

*Calls are billed at this rate after the monthly minimum has been exceeded, not in addition to the monthly minimum.

TOTAL PRICE FOR BASE PERIOD: $

1.4.4 The Contractor shall be paid upon submission of an invoice through IPP and verification by the Contracting Officer's Representative (COR), of the services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment (Jan 2017), and Section 10 of this contract.

1.5 Option Prices

1.5.1 Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

1.5.2 Pursuant to either the FAR Clause 52.217-8, Option to Extend Services (Nov 1999) or the FAR Clause 52.217-9, Option to

Extend the Term of the Contract (Mar 2000), set forth in Section 12, of this contract, the Government may provide a unilateral contract modification, requiring the Contractor to perform the Option Period(s) as defined in the PWS of this contract. A notice that the Government intends to exercise any of the options will happen prior to the contract’s expiration date. Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order.

1.5.3 Upon the delivery and acceptance of the Option Services described in the Performance Work Statement of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the rate(s) set forth below and will be paid from the following Contract Line-Item Numbers (CLINs) accordingly;

1.5.4 If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be as follows:

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SCHEDULE OF CHARGES FOR THE OPTION PERIODS

Item # Contract Period Description of Services Total Amount CLIN 2 Option Year One

TBD, 2025 through TBD, 2026 Rate Per Call $ (Estimated 50 calls per month) $ (Estimated 600 calls per year) $ One-Time Implementation Fee $ Monthly Fee (if applicable) Minimum Monthly Billing*

*Calls are billed at this rate after the monthly minimum has been exceeded, not in addition to the monthly minimum.

TOTAL PRICE FOR OPTION YEAR ONE: $

Item # Contract Period Description of Services Total Amount CLIN 3 Option Year Two

TBD, 2026 through TBD, 2027 Rate Per Call $ (Estimated 50 calls per month) $ (Estimated 600 calls per year) $ One-Time Implementation Fee $ Monthly Fee (if applicable) Minimum Monthly Billing*

*Calls are billed at this rate after the monthly minimum has been exceeded, not in addition to the monthly minimum.

TOTAL PRICE FOR OPTION YEAR TWO: $

CLIN 4 Option Year Three

TBD, 2027 through TBD, 2028 Rate Per Call $ (Estimated 50 calls per month) $ (Estimated 600 calls per year) $ One-Time Implementation Fee $ Monthly Fee (if applicable) Minimum Monthly Billing*

*Calls are billed at this rate after the monthly minimum has been exceeded, not in addition to the monthly minimum.

TOTAL PRICE FOR OPTION YEAR THREE: $

CLIN 5 Option Year Four

TBD, 2028 through TBD, 2029 Rate Per Call $ (Estimated 50 calls per month) $ (Estimated 600 calls per year) $ One-Time Implementation Fee $ Monthly Fee (if applicable) Minimum Monthly Billing*

*Calls are billed at this rate after the monthly minimum has been exceeded, not in addition to the monthly minimum.

TOTAL PRICE FOR OPTION YEAR FOUR: $

1.5.5 Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

1.5.6 Lunch break of thirty minutes (30) permitted (as non-paid) under the contract; the contractor cannot invoice time as worked if its’ employee chooses not to take a lunch break. The Contractor also cannot invoice travel times to/from the facility site as time worked.

SECTION 2 – DEFINITIONS:

2.1 Acceptance: As stated in FAR, subpart 46.5, Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents

(e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements.

Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

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2.3 Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several

Service Units.

2.4 Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity.

2.5 Business Associate Agreement (BAA): A BAA is a contract between a HIPAA-covered entity and a HIPAA BA. The contract protects personal health information (PHI) in accordance with HIPAA guidelines.

2.6 Code of Ethics: - The Revised American Nurses Association Code of Ethics and Standards of Practice and Care, published in 1996 by the American Nurses Association, which makes explicit primary goals, values and obligations of the nursing profession.

2.7 Contract: This is a legal binding document between the Government and the Contractor.

2.8 Contractor: The individual award a legal binding contract to provide supplies and services.

2.9 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.10 Contracting Officer's Representative (COR): A federal employee who assists the CO in the administration of this contract. The

COR is primarily responsible for the technical assistance and day-to-day program management.

2.11 Customer: Patients, staff and visitors of an IHS service unit and health center.

2.12 Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.

2.13 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.14 Health Clinics/Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray, which are available at least 40 hours a week for outpatient care.

2.15 Non-Personal Health Care Services: A contract under which the personnel rendering the healthcare services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in FAR 37.401

2.16 Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center.

2.17 Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

2.18 Patient Outcome: End result of nursing care.

2.19 Point of Contact: Person other than the COR or the Alternate COR

2.20 Service Unit: The local administrative unit of IHS.

2.21 Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable.

2.22 Technical Direction: A directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor.

2.23 Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.

2.24 Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 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.

No Government Property will be issued

3.2 Government Furnished Information / Property and Services

3.1.1 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.

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SECTION 4 - CONTRACTOR FURNISHED ITEMS

4.1 Contractor Furnished Property: N/A

SECTION 5 - PERFORMANCE WORK STATEMENT:

5.1 The purpose will be to provide 24/7 Nurse Advise Line (Phone Triage) Services to the patients served by the ACL IHC.

5.1.1 The Contractor shall be in accordance with all Federal, State, Local, Tribal and HIS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public.

5.1.2 The contractor must do the following tasks:

(a) Provide Registered Nurses who can answer many general health questions and advise patients when to call a doctor or encourage them to seek emergency services, if necessary.

(b) Utilize appropriate software and licensed medical protocols, to assist individuals in making informed healthcare choices and have varied and up=to-date experience in health care practices with a minimum of five-years of experience in acute care nursing.

(c) Address callers’ healthcare concerns and assess symptom presentations to recommend the most appropriate level of care in the most appropriate timeframe.

(d) Evidence based protocols will be used and will include behavioral health and dental advice.

5.1.3 Contractor shall ask for the following personal information

(a) Name, Date of Birth (DOB), IHS facility in which services are normally received, IHS Chart Number, Primary Care

Provider (PCP), insurance information and tribal enrollment information.

(b) When the contractor is contacted by a patient from outside the service area, the contractor must advise that individual of the service parameters.

5.1.4 Contractor must gather information from the nurse triage service.

(a) Contractor must provide a viewable platform from client specific information to be viewed daily by the Clinical

Director and Quality Manager at ACL IHC withing 24-hours of a patient call to the Advice Line.

(b) Contractor must prepare reports for the inclusion into the Electronic Health Record (EHR) system. This information must have the personal information, assessment, documented resolution, and follow-up action needed from a PCP.

(c) Contractor must prepare daily, monthly and quarterly aggregated call reports.

5.2 Work Schedule: The contractor will provide services, 24-hours per day, 7 days per week (Monday through Sunday). This service will include all federally recognized holidays.

5.3 Performance Evaluation:

5.3.1 Contractor will provide services to American Indian/Alaska Native (AI/AN) beneficiaries.

5.3.2 Contractor must advise patient whose symptoms or health status in an acute/chronic condition.

5.3.3 Contractor must provide clinical assessment and a disposition to any appropriate level of care for all eligible patients.

5.3.4 Contractor must provide comprehensive symptom-based assessment using evidence-based practice guidelines.

5.3.5 Contractor must provide a pre-recorded message or a live person prompt to advise callers of their right to privacy this will also include a disclaimer for IHS payment responsibility for all health care advice.

5.4 The contractor will perform work with multicultural patients and interpreters as necessary for non-English speaking patients.

5.5 Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.

5.6 Conditions of Contract Services: All RNs’ providing service under this contract must:

5.6.1 Management of Medical Information: The Contractor must manage all patient information in accordance with HIPAA standards, Privacy Act, and IHS Service Unit and/or Health Center specific policies and protocols. The Contractor must immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.

5.7. Contractor Qualification Requirements:

5.7.1 Professional Development: Degree or diploma from a professional registered nursing program approved by the legally designated State accrediting agency at the time the program was completed by the applicant.

5.7.2 Graduate: The contractor must have a registered license and be a graduate of an accredited school of registered nurses with a bachelor degree.

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5.7.3 License/Registration: All registered nurses must possess a current, valid, unrestricted nursing license in a state, the

District of Columbia, the Commonwealth of Puerto Rico, or a Territory of the United States, throughout the term of this contract.

5.7.4 Experience: The Contractor must have thirty-six (36) months of nursing experience, with a minimum of twelve months

(12) in the specialty required by the contract, unless otherwise approved by the Contracting Officer. The Contractor must have a resume that provides experience that equips the applicant with the particular knowledge, skills and abilities to perform successfully the duties of the position, and that is typically in or related to the work of the position to be filled.

5.7.5 Required Training:

a) 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.

b) Overview of Trauma-Informed Care and Historical Trauma training for Non-Personal Healthcare Services (i.e., MLTs, RN, Physician, etc.).

5.7.6 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.

5.8 Challenges to Conflicts: For any conflicts between the COR or other Federal employee and Contractor's employee, the Contractor’ employee will first make contact with their agency. The Federal employee will contact the COR who will let the CO know the situation.

5.9 When the Contractor demonstrates impaired judgement, they cannot continue working on the purchase 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.

5.10 Applicable Documents: Not Applicable

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN:

“The Quality Assurance Surveillance Plan is neither part of the order nor will it be made part of any resulting contract.”

SECTION 7 - PACKAGING AND MARKING

7.1 Packaging

All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

7.2 Marking

Each package/container shall be clearly marked as follows:

• Name of Contractor

• Contract Number

• Description of Items Contained Therein

• Consignee's Name and Address

7.3 Delivery

All deliverables delivered to the following addresses:

Acoma-Canoncito-Laguna Indian Health Center Attention: Inna Voinich 80B Veterans Blvd.

Acoma, New Mexico 87034

(505) 552-5397

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1 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, Nurse Advise Line (phone triage) ACL IHC Solicitation No. 75H70725R00003 Page 9 of 40 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.

8.2 Federal Acquisition Regulation {48 CFR Chapter 1) Clauses FAR Clause # Title Date 52.212-4(a) Contract Terms and Conditions–Commercial Products and Commercial Services –

Inspection/Acceptance Nov 2023

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1 Period of Performance: The period of performance is a Base Period of 12 months with four – 12-month Option Periods, unless extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Mar 2000); upon written notification by the Contracting Officer within 30 days of contract expiration.

9.1.1 Services under this contract shall commence NLT 10 days after all clearances occur.

Base: TBD, 2024 to TBD, 2025 Option Year 1: TBD, 2025 to TBD, 2026 Option Year 2: TBD 2026 to TBD, 2027 Option Year 3: TBD, 2027 to TBD, 2028 Option Year 4: TBD, 2028 to TBD, 2029

9.1.2 Performance must be for the period of TBD, 2024 to TBD, 2025 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000).

9.1.3 Total contract award must not exceed five years. Based option year renewals on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.

9.2 Place of Performance: The contractor must provide Nurse Advise Line (Phone Triage) services to the following Albuquerque Area

Indian Health Service Facility:

9.2.1 Acoma-Canoncito-Laguna Indian Health Center

Attention: Inna Voinch 80B Veterans Blvd.

Acoma, New Mexico 87034

(505) 552-5397

9.3 The hours of business and clinic operation are Monday through Friday, from 8:00 AM to 4:30 PM, for outpatient clinics, and 8:00

AM to 8:00 PM, for Urgent Care clinics.

9.3 Government Holidays (https://www.federalpay.org/holidays) New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day *Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

10.1 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 Federal Acquisition Regulation defines an unauthorized commitment as an agreement that is not binding solely because the government representative who made it lacked the authority to enter into that agreement on behalf of the government. Only contracting officers have the authority to make purchases or award contracts. Upon receipt and/or execution of any order placed for goods or services, the vendor shall verify that the Government Agent issuing the order has necessary authority to entire into the purchase order/contract. If it is determined that the vendor failed to do so, they may be held liable for future Unauthorized Commitments.

The following individuals will be the Government's points of contact during the performance of this Contract.

10.2 Contracting Officer and Administrator: 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:

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Judith A. Mariano, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6753 Email: judith.mariano@ihs.gov Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract

Specialist administering this Contract.

10.3 Contracting Officer’s Representative (COR)

10.3.1 Inna Voinich at 505-552-5397 or e-mail inna.voinich@ihs.gov, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

10.3.2 TBD, is hereby designated as the Alternate COR for this service. The Alternate COR responsibilities will be to help coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions.

10.3.3 The COR and Alternate’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

10.4 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 (May 2014)).

10.5 Invoice Submission

10.5.1 The Contractor shall submit invoice ON A MONTHLY BASIS. Advance payments will not be issued by Finance unless stated herein. Upload complete invoice with all required documentation to: https://www.ipp.gov

* Please do not sent any copies to the CS or Finance Office for any invoices related documents such as deliverables, reports or balance statements). Failure to upload required documents directly to the website listed above will delay prompt payment of your invoice.

10.5.2 Additionally, the Contractor is required to include the Unique Entity Identifier (UEI) on each invoice. For additional information about the UEI (hhtps://www.sam.gov).

10.5.3 Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

10.5.4 Credit memos will not be accepted as a form of refund. All refunds are to be submitted via a check addressed to:

Albuquerque Area Indian Health Service

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Division of Accounts Receivable 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

10.5.5 Request for Taxpayer Identification Number and Certification A form W-9 shall be submitted to the Albuquerque Area Indian Health Service Division of Accounting Services by either of the following:

1. Encrypted Email: ALB_AOAPinvoices@ihs.gov or

2. Secure Fax: (505) 256-6851 Failure to submit the required form W-9 to the office(s) listed above will delay issuance of the IRS 1099 Form.

10.5.6 All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice.

FAR 32.905(b), Content of Invoices:

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line-item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(4) Per the Accounts Payable office, failure to submit invoices to the IPP Website can result in delayed payment of your invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

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Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer.

10.5.7 HHSAR 352.232-71 – Electronic Submission of Invoice Payment Requests (FEB 2022)

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

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

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

10.5.8 HHSAR 301-602-3 – Ratification of Unauthorized Commitments The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.602-1. Government employees responsible for unauthorized commitments are subject to disciplinary action.

Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1 Contractor Performance Evaluation Report

11.1.1 During the duration of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

11.1.2 Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

11.2 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 Confidential Information Clause (HHSAR 352.224-70 and HHSAR 352.224-71, respectively)

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.

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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.

11.3 Additional Requirements Concerning Data, Data Rights and Computer software

11.3.1 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.

11.3.2 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.

11.3.3 Works other than Software Development or Enhancements

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

SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

12.1 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.acquisition.gov/far/index.html.

FAR Clause Title Date 52.203-3 Gratuities Apr 1984 52.203-5 Covenant against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures Jun 2020 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 52.204-9 Personal identity Verification of Contractor Personnel Jan 2011 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 52.232-11 Extras Apr 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 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 Sep 2021 52.253-1 Computer Generated Forms Jan 1991

Following Clauses in Full Text:

12.2 52.212-4 - Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

Government bill of lading;

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and

Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor’s point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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