75H71026Q00255 Combined Synopsis-Solicitation.docx

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Part 12. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued.

Solicitation no. 75H71026Q00255 is issued as a request for quotation (RFQ) for dentist services. The North American Industry Classification System (NAICS) is 621210, Office of Dentists with small business size of $9.0 million.

This acquisition is a 100% Indian-owned Small Business Set-Aside. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and www.acquisition.gov/hhsar.

SCHEDULE OF ITEMS

TOTAL

The performance work statement is included as Attachment A.

The period of performance shall consist of a one-year base period, commencing on the date of award, followed by two one-year option periods.

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. Addenda are included.

(a) Submission of Quotes Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes shall be submitted electronically to Misty.Billy@ihs.gov by the method specified in the solicitation. Late quotes will be handled in accordance with paragraph (c) of this provision.

Only one quote per quoter will be accepted. Quoters wishing to revise a submitted quote must withdraw the original quote and resubmit in accordance with paragraph (c) of this provision before the quote due date.

The clause at FAR 52.202-1, Definitions, is incorporated by reference and applies to this solicitation and any resulting contract.

Quotes shall be organized into three (3) separate volumes as described below. Each volume shall be clearly labeled with the solicitation number, quoter name, and volume number and title. All three volumes shall be submitted together as a complete package.

Volume I — Administrative SF-1449 or Signed Letterhead, Amendments, Representations and Certifications. No page limit. No pricing information permitted in this volume.

Volume I shall contain all administrative and certification documents required for a complete quote. At a minimum, Volume I shall include:

1. SF-1449 or Signed Letterhead Quote. A signed and dated Standard Form 1449, or a signed quote on company letterhead, acknowledging agreement with all terms and conditions of the solicitation. The SF-1449 or letterhead quote shall identify the solicitation number, quoter name and address, Unique Entity Identifier (UEI), and Electronic Funds Transfer (EFT) indicator as applicable.

2. Solicitation Amendments. Signed acknowledgment of all solicitation amendments issued prior to the quote due date. Failure to acknowledge all amendments may render the quote ineligible for consideration.

3. Representations and Certifications. Completed representations and certifications required by this solicitation that are not collected via the System for Award Management (SAM). Quoters are responsible for ensuring their SAM registration is current and accurate at the time of quote submission and throughout the period of performance.

4. Quoter Point of Contact. Name, title, telephone number, and email address of the individual authorized to respond to questions regarding this quote.

5. Designated Contract Point of Contact. Name, title, telephone number, and email address of the individual who will serve as the Contractor's point of contact under the resulting contract. If an alternate point of contact is proposed, identify the alternate and the circumstances under which the alternate serves as primary.

Volume II — Technical Capability Page limit: 15 pages. Standard 8.5" x 11", minimum 11-point font, 1-inch margins. Tables and charts count toward the page limit. Dentist resumes may be included as appendices and do not count toward the page limit.

⚠ Pricing information shall not be included anywhere in Volume II. A quote containing pricing in this volume may be found technically unacceptable.

Volume II shall address the quoter's capability to perform all requirements of the PWS. The Government will evaluate Volume II on a Pass/Fail basis in accordance with FAR 52.212-2. This requirement calls for one (1) dentist, working an 8-hour day, five days per week, to provide continuous outpatient coverage at the Tohatchi Health Center (THC). Volume II shall be organized to address each of the following elements:

Element 1 — Proposed Dentist Qualifications The quoter shall provide resumes for the dentist proposed to perform under this contract. Each resume shall demonstrate that the individual meets all of the following minimum qualifications, consistent with PWS Sections 10 and 11:

1. A minimum of twenty-four (24) months of experience, including residency unless otherwise approved by the Contracting Officer;

2. A current, valid, active, unrestricted license to practice dentistry 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;

3. A current Board certification, exception being that they are Board eligible.

4. Current BLS certification;

5. A current, valid, unrestricted driver's license; and

6. Demonstrated ability to read, write, speak, and understand English sufficiently to communicate effectively with patients and healthcare staff.

Resumes shall be provided as an appendix to Volume II and do not count toward the page limit.

Element 2 — Continuity of Coverage This requirement calls for one (1) dentist, working an 8-hour day, five days per week, to provide continuous outpatient coverage at THC. Describe the quoter's approach to providing uninterrupted coverage under this schedule for the full period of performance, including all option periods. The description shall address:

1. How the quoter will ensure the proposed dentist is available to each work their full 8-hour, 5-day-per-week schedule, including how leave and absences will be covered without disrupting the schedule;

2. The quoter's contingency plan for an unplanned absence or vacancy affecting the dentist, including expected time-to-replace; and

3. The quoter's experience, if any, maintaining continuity of dentist coverage at rural, remote, Tribal, or federally operated healthcare facilities.

Element 3 — Credentialing and Pre-Placement Timeline Describe the quoter's plan and timeline for completing all credentialing and pre-placement requirements identified in PWS Section 5 for the dentist prior to the start of performance, including:

1. The quoter's experience navigating IHS medical staff credentialing and background investigation processes; and

2. A proposed timeline, in calendar days from contract award, for completing credentialing for the dentist.

Element 4 — Schedule and Period of Performance Describe the quoter's ability to meet the required tour of duty and period of performance identified in the PWS, including the base year and both option years, and confirm the dentist’s availability for the full period of performance.

Volume III — Price No page limit. All pricing information must be contained in this volume only.

Volume II shall contain all pricing information for the services described in the PWS. The quoter shall provide a firm-fixed hourly rate and total price for the base period and each option period as identified in the solicitation pricing schedule. Prices shall be all-inclusive of all labor, fringe benefits, overhead, general and administrative expenses, profit, and any other costs required to perform the services described in the PWS.

Basis for Estimated Hours This requirement calls for one (1) dentist, working an 8-hour day, five days per week, at THC. Based on a 52-week year, estimated annual hours are calculated as follows:

· 1 dentist × 8 hours/day × 5 days/week × 52 weeks/year = 2,080 hours/year This estimate does not net out federal holidays or facility closures; the Government's estimated hours are provided for evaluation purposes only and do not constitute a guaranteed minimum or maximum number of hours actually worked, consistent with PWS Section 8 (no overtime, no comp-time, no calls, no holidays) and Section 8a.i (payment for actual hours worked only).

Pricing Schedule

Volume III shall include:

1. Completed Pricing Schedule The quoter shall complete and return the solicitation pricing schedule, providing a unit price (hourly rate) and total price for the base period and both option periods.

2. Hourly Rate Breakdown The quoter shall provide a breakdown of the components that make up the all-inclusive hourly bill rate using the format below. The breakdown shall account for 100% of the proposed hourly rate. This information is required for price reasonableness evaluation and does not constitute cost or pricing data.

Base Hourly Wage Paid to Dentist

Direct labor rate paid to the dentist

Fringe Benefits

Health insurance, retirement, paid leave, etc.

Overhead / Indirect Costs

Facility, administrative, and indirect support costs

General and Administrative (G&A)

Corporate-level indirect expenses

Recruiting and Placement Costs

Sourcing, credentialing, onboarding, pre-placement verification expenses

Credentialing Processing Costs

Costs associated with background investigation and medical staff credentialing

Travel and Lodging (if applicable)

Per-shift or per-assignment travel costs, if included in the bill rate

Profit / Fee

Contractor's fee or margin

Other (specify)

3. Price Narrative The quoter shall provide a written narrative explaining the basis for its proposed hourly rate and overall pricing. The narrative shall, at a minimum:

1. Explain how the proposed base hourly wage was determined, including any reference to prevailing wage data, market surveys, or geographic pay differentials applicable to the Tohatchi, New Mexico location;

2. Describe the basis for fringe benefit costs, including the types of benefits provided and how the fringe rate was calculated;

3. Explain the basis for overhead, G&A, and any other indirect cost components included in the bill rate;

4. Describe any recruiting, credentialing, or placement costs included in the rate and explain why those costs are necessary given the rural and remote operating environment at THC; and

5. Identify any assumptions underlying the proposed pricing that the Government should be aware of, such as housing or travel arrangements for placed dentist.

The price narrative shall not exceed three (3) pages. It is intended to support the Government's price reasonableness determination and does not constitute certified cost or pricing data.

4. Total Evaluated Price The quoter shall provide a summary total evaluated price representing the sum of the base period and both option periods. This figure will be used for evaluation and award purposes.

5. Price Acknowledgment A statement that proposed prices are firm and will remain in effect for the period specified in paragraph (b) below.

The Government will evaluate price for fairness and reasonableness through price competition consistent with FAR Part 12 simplified commercial services procedures. The hourly rate breakdown will be used solely to assess price reasonableness. Cost analysis and cost realism analysis will not be conducted. Award will be made to the lowest total evaluated price among quoters determined to be technically acceptable with a past performance rating of Satisfactory Confidence, Substantial Confidence, or Neutral/Unknown.

The provision at 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. The following factors shall be used to evaluate quotes:

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

1. Technical Capability

2. Price

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

The following Federal Acquisition Regulation provisions also apply:

(DEVIATION)

(DEVIATION)

(DEVIATION)

(DEVIATION)

(DEVIATION)

(a) Definitions. As used in this clause—

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It □ is □ is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 □ a full exemption, or □ partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

Michelle James; Michelle.James@ihs.gov

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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

Revolutionary FAR Overhaul - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV Federal Acquisition Regulation - https://www.acquisition.gov/browse/index/far Department of Health and Human Services Acquisition Regulation – https://www.acquisition.gov/hhsar (End of Provision)

(a)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)The use in this solicitation of any Department of Health and Human Services (48 CFR Chapter 3) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Provision)

The following Department of Health and Human Services Acquisition Regulation provisions also apply:

The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. Addenda are not included.

The following Federal Acquisition Regulation clauses also apply:

(DEVIATION)

(DEVIATION)

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(DEVIATION)

(DEVIATION)

(DEVIATION)

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☐ 52.219-7 Alt I

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☐ 52.219-13 Alt I

RESERVED

(DEVIATION)

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☐ 52.222-36

ALT I

(DEVIATION)

☐ 52.224-3

ALT I

(DEVIATION)

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(DEVIATION)

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(DEVIATION)

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(DEVIATION)

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 before the contract expires.

(End of clause)

(a)The Government may extend the term of this contract by written notice to the Contractor before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 3 years and 6 months.

(End of clause)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with section 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— ☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

(a)It is expressly agreed and understood that this is a non-personal services contract under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate.

(b)An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c)Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d)Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e)The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f)The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

(End of clause)

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

Revolutionary FAR Overhaul - FAR…