A. BPA Terms and Conditions.docx

Blanket Purchase Agreement (BPA) Terms and Conditions Custom and Over the Counter Foot and Ankle Orthotics

1. Schedule BPA:

The Indian Health Service (IHS), Phoenix Area Office (PAO), Division of Acquisition Management (DAM) is establishing a BPA in accordance with FAR 13.303 for fill repetitive Custom and Over the Counter Foot and Ankle Orthotics supplies.

2. Description of Agreement:

The contractor shall provide a wide range of expertise in order to provide supplies not readily available within Indian Health Service (IHS). This contractor shall provide custom and over the counter foot and ankle supplies to the Whiteriver Service Unit located Whiteriver, AZ.

3. Statement of Work:

3.1 Contractor shall provide custom prescription foot orthotics, custom prescription ankle foot orthotics, prefabricated foot orthotics or insole and prefabricated ankle foot orthotics.

3.2 Contractor shall provide custom orthotics which are fabricated from a plaster slipper cast which are fabricated to individual patients’ needs.

3.2.1 We do the plaster slipper cast in the Podiatry Clinic – we order boxes of extra fast setting plaster splints and make the plaster cast in clinic. The plaster is applied, the foot is placed in the corrected position, and the plaster dries and then the slipper cast is removed from the patient’s foot. The plaster cast is then allowed to dry overnight and then sent via FedEx to Contractors Labs for orthotic fabrication. The process works for both children and adults. Usually one plaster casting works for adults and can last a few years or so – for children sometimes multiple plaster casts are made as children’s feet grow rapidly. Plaster cast will be ordered on an “As Needed Basis” from the Podiatry Clinic.

3.3 Contractor shall provide plaster slipper cast impressions to the Podiatry Clinic and the Podiatry Clinic will send plaster cast impression to the Contractor.

3.4 Contractor shall provide a simple and streamline ordering process.

3.5 Contractor shall provide Over the Counter orthotics.

3.6 Contractor shall provide custom orthotics for patients with plantar fasciitis/heel spur syndrome, foot and ankle post-surgery patients, athletic patients, fire-fighters, and post-surgery patients.

3.7 Contractor shall provide delivery in 14 days After the Receipt of Order or provide notice to WRSU clinic on why there is a delay.

3.8 Contractor shall mail custom orthotics to the Podiatry Clinic to have the patients try out for a few weeks and the Podiatry Clinic will see patients back for re-evaluation. At this time corrections and/or changes to the custom orthotics if needed. If a change or correction is needed, or if the orthotics are worn out (we usually recommend a new pair yearly), misplaced, or broken, we can simply call the Contractor and the Contractor shall provide replacement pair and deliver within 14 Days.

3.9 The Contractor shall utilizes a computer scanner to keep the foot impression/prescription available on demand.

3.10 Contractor shall keep the impression/prescription available per their standard policy.

3.11 Contractor shall provide replacement custom orthotics at no charge if the custom orthotics is manufactured incorrectly.

3.12 Contractor shall provide customer service either by email or phone between the hours from 8:00 AM to 4:30 PM MST.

3.13 Contractor shall warrant their products for six months.

4. Minimum Qualifications:

Contractor shall have a minimum of 5 years of experience in production, delivery and support of foot and ankle orthotics.

5. Price Schedule:

See attachment Price Schedule.

6. Ordering Frequency:

Orders will be issued on an “As Needed Basis” by the ordering activity.

7. Extent of Obligation:

The Schedule BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually made under the BPA Call.

8. BPA Purchase Limitation:

The dollar minimum limit for each BPA Call is $25.00 and the dollar maximum limit for each BPA Call shall not exceed (see amounts below) for the CO and the authorized Ordering Official.

The dollar maximum limit for the BPA shall not exceed for the following base and option years.

The BPA not to exceed amount is $249,088.00.

9. Limit Purchase to Custom and Over the Counter Foot and Ankle Orthotic Supplies:

The following Custom and Over the Counter Foot and Ankle Orthotic Supplies from the Price Schedule can be ordered under this BPA. All orders placed against this BPA are subject to the BPA Terms and Conditions.

All products listed on Price Schedule can be purchased using this BPA

10. BPA Orders:

The Ordering Officials shall place orders electronically or verbally and provide the Contractor with a BPA Call number. A purchase document may be issued if necessary to ensure that the Contractor and the Ordering Official agree concerning the transaction. The Contractor shall provide the Ordering Official a confirmation number and estimated time of arrival (ETA). When delivery is made, the supplier’s sales document, delivery document or invoice may be used for the purpose of recording receipt and acceptance of the supplies.

11. BPA Period of Performance:

Base Year: 07/01/2021 to 06/30/2022 Option Year 1: 07/01/2022 to 06/30/2023 Option Year 2: 07/01/2023 to 06/30/2024 Option Year 3: 07/01/2024 to 06/30/2025 Option Year 4: 07/01/2025 to 06/30/2026

12. Individuals Authorized to Purchase Under the BPA:

13. Delivery Location and Time:

Whiteriver Service Unit 400 West Apache Drive Attention: Podiatry Department, Rick Robinson Whiteriver, AZ 85941

Deliveries shall be made during Monday through Friday from 8:00 A.M. to 4:00 P.M. (Mountain Standard Time).

14. Point of Contact (POC):

Rick Robinson, WRSU, is hereby designated as the POC to monitor the performance of this BPA on behalf of the Government.

15. POC Responsibilities:

The Contracting Officer shall designate the POC representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

The POC is responsible for Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

The POC shall be responsible for:

· Monitoring the Contractor’s technical progress, including the surveillance and assignment of performance and recommending to the Contracting Officer changes in requirements

· Interpreting the Statement of Work

· Performing technical evaluation as required

· Performing technical inspection and acceptance required by the contract

· Assisting the contractor in the resolution of technical problems encountered during performance

The POC’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder.

The POC does NOT have authority to modify or change the terms and conditions of the contract.

16. Annual Review of BPA:

The Contracting Officer shall review the BPA annually to exercise the option on whether (1) the Schedule contract that the BPA was established is still in effect, (2) BPA still represents the best value to the Government and (3) request from Contractor any additional price reductions, and (4) POC to provide Contractor Assessment Performance rating for the Contractor. Once the annual review is performed the Contracting Officer will determine to exercise or not exercise option year.

17. Delivery Order(s) Requirement:

BPA orders issued against this BPA number will clearly identify “deliver to” information for all items requested. Orders placed against this BPA order can be issued in support of the following facility, see paragraph 13.

Unless otherwise agreed to, all deliveries under this BPA Order must be accompanied by delivery tickets, shipping slips and sales slips at a minimum must contain the following:

a) Name of Supplier.

b) BPA Call Order Number,.

c) Date of Purchase.

d) Supplier Purchase Number.

e) Itemized list of Supplies Ordered.

f) Quantity, Unit Price, and Extension of Each Item. Less Applicable Discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information).

g) Date of Delivery or Shipment.

18. Tax Exempt Status:

See Attachment, 2021 AZ Tax Exemption.

19. Method of Payment and Invoice Submission:

a) Payment shall be made in ARREARS, After Order Is Shipped;

b) Electronic Funds Transfer (EFT) shall be utilized as method for processing payment;

c) Upon receipt of the Contractor’s properly prepared invoice, COR is responsible for certifying the invoice for acceptance of delivery and contacting a Unified Financial Management System (UFMS) “receiver” to request a receiving receipt.

d) Improperly prepared invoices will be returned to the Contractor resulting in delayed payment. The following constitutes a “properly” prepared invoice:

· Invoice #.

· Invoice Date.

· BPA Call Order Number.

· Date of purchase/delivery.

· Contractor name, address, telephone number.

· Contractor’s tax identification number (TIN).

· Item/Equipment, quantity, unit price and extended totals per item.

· Total amount invoiced.

e) An original invoice and copy shall be submitted to the address cited on Page 1, block 21, on each order and a copy to the POC:

As noted on block 21 of each “order”

or email to PHXAOAP-Team@ihs.gov

20. Clauses:

52.252-2 Clauses Incorporated by Reference (Feb 1998) 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): http://farsite.hill.af.mil/vffara.htm

52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders – Commercial Items (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved] X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Jun 2020) of 52.219-9 X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

X (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X_(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X_(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_(30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_(35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

X_(48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (Jan 2021) of 52.225-3.

(iii) Alternate II (Jan 2021) of 52.225-3.

(iv) Alternate III (Jan 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X_(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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.

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

Department of Health and Human Services Acquisition Regulations (HHSAR) (48 CFR Chapter 3) clauses and Federal Acquisition Regulation (FAR) Clauses:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Jan 2011)

(IAW HHSARFARS 311.7301)

(IAW HHSARFARS 327.404-70)

352.231-71 PRICING OF ADJUSTMENTS (JAN 2001)

(IAW HHSARFARS 331.102-70)

352.242-71 TOBACCO-FREE FACILITIES (JAN 2006) (IAW HHSARFARS 342.302(c)(3))

21. Contract Administration Data

1. Contract Administrator:

Donovan Conley, Contracting Specialist Phoenix Area Office, Division of Acquisition Management 40 North Central Ave, Suite 507, 2 Renaissance Square Phoenix, AZ 85004 Phone: (602) 364-5174 Donovan.Conley@ihs.gov

2. Contractor Point of Contact:

See OF-347 page -1.

3. Federal Acquisition Regulations (FAR): Require all contractors conducting business with the Government to be registered in the online database: 1) The System Awards Management System (SAM) Government-wide online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212-4, para (t)].

You may accomplish these registrations online at the following web sites: SAM – http://www.sam.gov

4. Contract Administration: All contract administration matters will be handled by the following individuals:

a. Contractor Information: (Provide Name and Address)

DUNS Number: (Provide Duns No.)

[See FAR 52.212-1 Instructions… (j) Data Universal Numbering System (DUNS) Number]

TAX ID: (Provide Tax ID)

b. GOVERNMENT:

Jeremy Steel, Contracting Officer Phoenix Area Office (PAO), Division of Acquisition Management (DAM) 40 North Central Avenue Suite 507, 2 Renaissance Square Phoenix, AZ 85004

5. Contractor Remittance Address: All payments by the Government to the contractor shall be electronically reimbursed:

[X} 52.232-34, Payment by Electronic Funds Transfer- The Debt Collection Act of 1996 requires that Federal non-tax payments made after January 1, 1996 be made by Electronic Funds Transfer (EFT

[ ] 52.232-36, Payment by Third Party

6. Invoices: Invoices shall be submitted in ARREARS:

7. Government Invoice Address: All invoices from the contractor shall be submitted electronically.

Invoicing/Billing:

Contractor shall establish a recordkeeping system of contractor services provided. Contractor may only bill for purchase of equipment provided to the IHS. At the end of all item shipped, the contractor will submit an invoice for payment.

Invoice Requirements and Supporting Documentation: Supporting documentation and invoices must be submitted after product has been shipped out. Changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g) all invoices must include:

Name and address of Contractor Invoice Date Contract Number Date of Supply Order CLIN-Number:

Provide Part Number, Description, Unit of Issue, Unit Price, and Total Price FOB Destination, Shipping Cost Included in Price of Product Grand Total Price

Electronic Invoicing: All invoices are to be submitted by email to PHX_AOAP-Team@ihs.gov.

Phoenix Area Office Indian Health Service 40 N. Central Ave., 2 Renaissance Square Suite 512, Financial Management Branch Phoenix, AZ 85044-4424

The contractor shall accept payment for lease or purchase and services rendered under this contract as payment in full. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than the Indian Health Service for lease or purchase and services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third parties for services rendered under this contract. This provision shall survive the termination or ending of the contract.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

8. TAX EXEMPT STATUS:

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42- 5065 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), AND 42-5159 (A)(13)(a), (b), (c) STATE OF ARIZONA DEPARTMENT OF REVENUE.