Attachment 1 - PWS

PERFORMANCE WORK STATEMENT (PWS)

Contract Disputes Act Claims Analysis Support

1. BACKGROUND AND OBJECTIVES

The objective of this planned contract is to secure expert consultation services to address Contract Support Cost (CSC) and Contract Disputes Act (CDA) claims and policy issues and conduct tasks and analysis for the Indian Health Service in its administration of its CDA and CSC responsibilities including Claims Analysis, Contract Support Cost Analysis, and Document Preparation.

This is a non-personnel services contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work as defined in this PWS except for those items specified as government furnished property. The contractor shall perform to the standards in this

PWS.

The Indian Health Service (IHS), an Agency of the U.S. Department of Health and Human Services (DHHS), is the principal Federal Agency charged with the mission of raising the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. The IHS offers health care services to approximately 2.8 million American Indians and Alaska Natives through a network of over 600 hospitals, clinics, and health stations on or near Indian reservations. Facilities are predominantly located in rural primary care settings and are managed by IHS, Tribal, and Urban Indian health programs. The IHS provides a wide range of clinical, public health and community services primarily to members of 574 federally recognized Tribes in 37 states. Through the Indian Self Determination and Education Assistance Act (ISDEAA), Public Law 93-638, as amended, codified at 25 United States Code (U.S.C.) Section (§) 5301 et seq., Tribes and tribal organizations (T/TO) may choose to exercise their self-determination and take on full or partial funding, control, and accountability for those programs, services, functions, and activities (PSFAs), or portions thereof, that the T/TO chooses to assume.

1.1 Claims Analysis: The ISDEAA provides that T/TO receive not less than the amount of funding that the Secretary would have otherwise provided for the direct operation of the program for the period covered by the contract or compact (otherwise known as the “Secretarial amount”). The 1988 amendments to the ISDEAA authorized CSC be paid in addition to the Secretarial amount. The IHS Indian Health Manual (IHM) Chapter 3, Part 6 (https://www.ihs.gov/ihm/pc/part-6/p6c3/), provides instructional guidance on the

1) determination of amounts of pre-award, startup, direct, and indirect CSC funding; 2) payment of CSC funding to awardees; 3) reconciliation of CSC payments to awardees; and 4) reporting by IHS to all Tribes and to Congress. The CDA at 41 U.S.C. §7101-7109 is applicable to ISDEAA contracts, 25 U.S.C. § 5331

(a) and (d), and a T/TO can submit a CDA claim to the Awarding Official of the Agency related to the contract for a decision. Since FY 2013, the IHS has been analyzing claims for shortfalls of CSC for litigation and conducting settlements of CDA claims.

On June 6, 2024, the United States Supreme Court decided Becerra v. San Carlos Apache Tribe and Becerra

v. Northern Arapaho Tribe, holding that the IHS must pay eligible CSC incurred by Tribes and Tribal organizations that expend program income, or third-party reimbursements, under their ISDEAA contracts and compacts. This decision created a window from 2016 to 2024 for claims to be made for additional CSC funds, over and above the routine work of CSC program administration. As claims owing from that period are processed, work is expected to diminish over the life of the contract requirement.

1.2 Contract Support Cost Analysis Support: The CSC Division provides Agency leadership in the development of CSC policy and analysis, and fulfills national operational responsibilities, with respect to the CSC program administration. The IHS CSC Policy serves as a guide for the IHS and Tribes in the preparation, negotiation, determination, payment, and reconciliation of CSC funding used to support new, expanded, and ongoing services provided through contract and compacts pursuant to the ISDEAA. The IHS reviews and negotiates CSC with Tribes in accordance with the ISDEAA, the IHS Contract Support Cost Policy, Part 6 Chapter 3, and Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards, 2 CFR Part 200. The CSC Division provides technical assistance, guidance, and support to Tribes in their development of CSC proposals.

1.3 Document Preparation: IHS conducts correspondence with Tribal governments, Tribal Health Organizations, their legal counsel, and internal government partners. Preparation of these documents related specifically to CDA claims, CSC related subjects and related business with subject matter expertise is a requirement IHS must cost effectively carry out these areas of responsibility.

2. SCOPE OF WORK

Note: Only IHS determines claim validity, settlement strategy, and settlement amounts. Contractor employees provide advisory, non-binding recommendations only and do not communicate settlement positions to tribes and do not represent the government in negotiations, but may support in the preparation of these tasks.

2.1 Claims Analysis

Contract support is needed to provide expert consultation services on ISDEAA negotiations (including calculating and reconciling CSC), CDA claims analysis, financial analysis and development of oversight mechanisms and tools in support of current and anticipated litigation arising from various CSC/CDA claims received from Tribes. The Agency need for support services is specific to CDA claims currently before the Agency and in litigation (including those in Federal courts and those undergoing administrative appellate review) and future claims and ISDEAA negotiations as determined by the outcome of pending Federal Court litigation, 41 U.S.C. §7101-7109 and 25 U.S.C. § 5331 (a) and (d).

In the ISDEAA context, expert support is also needed to develop any needed modifications to Agency CSC calculation materials. The Agency currently receives an average of over 60 CDA claims per year to be analyzed for cost analysis submitted by a limited portion of T/TO who could potentially submit claims. The Agency may see an influx in claims and ISDEAA negotiations proposals/final offers in future years, subject to current litigation, and is need of contractor support to analyze this workload. Specific expertise is needed through contractor support whereby a thorough understanding of ISDEAA, CSC and CDA claims analysis includes comprehensive expert knowledge of secretarial versus non-secretarial amount funding, pre-award costs, startup costs, direct and indirect CSC funding. Expert knowledge and detailed understanding of the ISDEAA, CSC, as defined in 25 U.S.C. § 5325(a)(2)-(3), CDA claims analysis, indirect cost rates allocation methodologies, and PSFAs are critical to support work that is required by the Agency. It is also critical that this expert knowledge will be able to be conveyed clearly and concisely, not only within the Agency, but also to T/TO and to courts, as these CSC CDA claims often result in litigation and the expert may need to offer testimony in court or in a deposition explaining the analysis and the Agency’s financial position.

CDA Claims Analysis Process

a. Obtain Claims

1. The contractor shall obtain from the Project Officer (PO) all necessary claims (or proposals/final offers or claims subject to litigation) submitted to date, along with supporting documentation maintained by IHS. After a brief review of the claims information, the contractor shall meet with IHS representatives (PO/Contracting Officer’s Representative (COR)):

To clarify further understandings of the population of claims submitted to date and anticipated.

To understand any background CDA claims analysis work that has been done to date and understanding as to what has been communicated to the Tribes.

To understand the location and accessibility of supporting documentation maintained by IHS.

To ask any clarifying questions regarding current claims submitted and status of any litigation activities.

b. Claims Review

1. Based on a review of available claims previously submitted to IHS, the contractor shall identify the type, claim methodology used, and any documentation provided or needed to support the claim. The contractor shall obtain claims and review each claim in detail to specifically analyze:

Whether claims were accurately prepared by the T/TO or if additional information is needed to complete the claims analysis.

Whether claims recognize actual costs incurred based on Agency policy.

Whether Tribes are using Negotiated Indirect Cost Rate Agreements (NICRAs) as support for claims on indirect costs for non-secretarial program income amounts, including the appropriate NICRA.

2. Organize claims by established methodology used to prepare claim amounts. Additionally, identify those claims that include additional claim elements, such as expectancy damages, and to note whether documentation exists, and if claims appear to be using a consistent methodology.

3. Recommendations for methodologies to be applied for the evaluation of each claim. Based on the review of claims submitted to IHS and the available supporting documentation, recommend and develop a methodology to evaluate each claim group/type/cost element.

The methodology shall include gathering the applicable documentation already maintained by the government, including an understanding of work performed by Department of Interior (DOI) National Business Center (NBC) in obtaining and evaluating Tribes OMB Circular A-133 Single Audit reports, indirect cost rate proposals, and any negotiated indirect cost rate agreements. Ultimately, the objective will be to identify those additional documents needed from each tribe to support its claim(s). These documents will vary by tribe.

4. Provide methodology and high-risk areas documentation to IHS. From the Contractor's review of CDA claims, they shall identify high-risk areas that pose the most challenge identified in those claims through reviewing the following elements:

Documentation of actual costs incurred from the T/TO submitting claims.

Reconciling costs incurred by Tribes to their audited financial statements, OMB

A-133 Single Audit reports, incurred cost submission and indirect cost rate proposals and any other pertinent information.

Ensuring that proposed, budgeted and actual CSC (both Direct CSC (DCSC) and Indirect CSC) were not duplicative of the base Secretarial amount.

Ensuring that DCSC has been treated appropriately in the development and application of the T/TO’s negotiated indirect cost rate.

Ensuring that CSC calculations are consistent with the ISDEAA’s requirements, directives in case law, or any other applicable law as determined in discussion with the Agency.

Support the agency in potential litigation settlement negotiations by preparing data analysis, reviewing proposals, and assisting the Agency in preparing and responding to offers.

c. Document Process and Develop Evaluation Tools regarding CDA Claims Analysis

1. The contractor shall use lessons learned from ongoing and prior CDA claims analysis, litigation, and negotiations to assess and document the end-to-end CDA claims business process

2. Tools shall be developed to:

Assess Headquarters and Area Office business processes for quality improvement opportunities.

Provide a CSC/CDA claims dashboard and activity tracker of claims analysis by claims received, claims under review, claims rejected, claims in litigation or settlement and claims that have been closed.

Develop a CSC/CDA claims analysis procedures document for use within the Agency.

3. In order to document the end-to-end CDA Claims analysis business process, the contractor shall, at a minimum:

Document high-risk areas and process control gaps identified through CDA claims analysis.

Develop corrective action recommendations for internal control weaknesses related to CDA claims analysis.

Use lessons learned from claims analysis and litigation activities to recommend improvements to CDA claims analysis methodologies and related processes.

2.2 Contract Support Cost Analysis Support

Contract support is needed to provide expert consultation services on ISDEAA negotiations (including calculating and reconciling CSC); financial analysis; ensure all indirect-cost rate agreements and proposals, CSC Negotiation Workbooks, and the CSC SharePoint are current on a weekly basis; provide requested quantitative/qualitative analysis of ISDEAA compact, contract, and funding agreements; and assist in the development of training materials, templates and instructions related to CSC policies.

a. Provide analytical assistance to Agency Negotiators, CSC Division on CSC proposals relating to ISDEAA contracts and compacts and associated regulations, 25 U.S.C. § 5301 et seq.; 42 C.F.R. Part 137, and 25 CFR Part 900. The technical contractor shall work with the CSC Division.

b. Conduct analysis of CSC calculations for Title I and V ISDEAA to ensure that direct and indirect CSC amounts incorporated in the agreement are consistent with the CSC requirements of 25 U.S.C. § 5325 of the ISDEAA, the IHS CSC Policy, Part 6 Chapter 3 of the Indian Health Manual, and applicable federal regulations, i.e., Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards, 2 CFR Part 200.

c. Work with the CSC Director and staff to resolve any discrepancies or inconsistencies in the application of the IHS CSC Policy during Title I and V negotiations.

d. Evaluate and analyze CSC calculations in preparation for Title I and V negotiations, Final Reconciliations.

e. Ensure all indirect-cost rate agreements and proposals, CSC Negotiation Workbooks, and the CSC SharePoint are current on a weekly basis.

f. Plan, research, conduct, and evaluate ISDEAA compact, contracts, and funding agreement issues with the application of quantitative and qualitative evaluations using analytical tools.

g. Provide analysis of the CSC Hub as a repository of CSC information.

h. Assist in the development of training materials, templates, and instructions in accordance with the

ISDEAA, and the IHS Contract Support Cost Policy.

i. Document Process and Develop Evaluation Tools regarding Contract Support Cost Analysis

1. The contractor shall use lessons learned from ongoing and prior CSC analysis to assess and document the end-to-end CSC analysis business process. The end-to-end business process shall include, at a minimum: negotiations, payments, reconciliations, and closeout as well as resolving under and overpayments of CSC. A clearly defined and documented process is critical in identifying internal controls and control gaps needed for improving and enhancing the overall CSC business process to ensure consistency and compliance with laws and regulations. The contractor shall work with the PO/COR to develop process flows, document, and streamline processes and develop evaluation tools to conduct ongoing monitoring and provide agency oversight to evaluate activities in compliance with agency policy.

2. Tools shall be developed to:

o Assess Headquarters and Area Office business processes for quality improvement opportunities.

o Document process control gaps.

o Develop corrective action plans for internal control weaknesses.

o Assist with Agency CSC improvement strategies that improve on the current policy to enhance and strengthen current CSC negotiations between the T/TO and Agency.

3. In order to document the end-to-end CSC analysis business process, the contractor shall, at a minimum:

o Conduct a walkthrough and evaluation of the CSC business processes by reviewing current policies and procedures and conducting interviews with relevant CSC subject matter experts to identify, assess, and document internal controls and control gaps.

o Develop a CSC business process matrix and narrative document that outlines the end– to-end CSC business process, including flow charts of the CSC business process and sub-processes, internal controls, and identify potential risk areas for compliance with laws and regulations.

o Provide recommendations and tools for CSC staff to periodically assess internal controls within the CSC business process to ensure compliance and consistency with laws and regulations.

o Assist in the development of CSC training tools to ensure that Agency Lead Negotiators and CSC analysts are familiar with any methodology tools and resources to calculate CSC.

o Assist the CSC staff in recommended revisions to current CSC templates and instructions for negotiations, reconciliations and close out based using lessons learned from CSC claims analysis and walkthrough/evaluation work described above.

o Work with CSC staff to develop a quality assurance and improvement process that ensures CSC negotiations, reconciliations, and closeout activities are consistent with IHS CSC Policy.

2.3 Document Preparation

Contract support is needed to provide document preparation that is accurate, timely, prepared in a legally stylistic appropriate manner and informed by subject matter knowledge of the CDA claims process and CSC subject matter areas.

Contractor will prepare documents, documentation, and other required materials related to CDA or CSC items including researching and collection references and creating, drafting, and finalizing, including reviewing for correctness. This could include letters related to legal matters, internal IHS memorandum, slide-based presentations, etc. The task requires attentive noticing of details for exact completion and formatting, organizational abilities to handle multiple tasks and track deadlines, dates and claim information, and understanding the CDA, CSC and related legal processes. Documents should be well-organized, utilize clear headings, sections, and formatting elements and be prepared in line with appropriate style guides.

2.4 Transition Period

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during ninety (90) days phase in/ phase out periods at the beginning and end of this contract. During the phase-in period, the Contractor shall become familiar with performance requirements to commence the full performance of services on the contract start date. At the close of the contract, personnel will be available to exchange information and bring a new contractor up to speed and provide all necessary documentation to the new contractor, should a transition to a new contractor be needed.

The contractor shall work with the PO and other relevant federal staff to ensure that all claims analysis information is transferred to a new contractor as soon as feasible prior to the end of the period of performance. All analysis information and documentation shall be provided to the PO to ensure a smooth transition and handoff to a new contractor takes place, should a new contractor be awarded a contract at the end of the period of performance of this contract.

The contractor shall provide oversight tools and tracking mechanisms, pursuant to Section 2 this PWS, to the PO to ensure a seamless transition of work, at least three months prior to the end of the contract period.

The contractor shall provide any research conducted and information gathered as part of the CDA claims analysis activities to the PO at least three months prior to the end of the contract period.

3. TRAVEL AND OTHER DIRECT COSTS

a. Travel Limited travel is anticipated for this contract. All travel under this contract shall be in accordance with Federal Travel Regulations and must be approved in advance by the Contracting Officer and COR before any costs are incurred. Detailed receipts must be provided outlining the travel that was conducted in conjunction with this contract and provided with the invoice to the government.

The IHS will pay all travel and per diem, in accordance with Federal Travel Regulations (FTR) and IHS travel policy, for the contractor to attend technical development meetings. No more than 24 in-person or virtual meetings per year are anticipated for this work. Travel is anticipated to be to the Washington, D.C.

metro area, but occasional travel to other sites within the continental United States may be required.

Federal Travel Regulations: https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation

b. Other Direct Costs Limited Direct Costs such as reproduction and shipping expenses associated with the activities in this PWS may be required. These must be approved in advance in writing by the COR and Contracting Officer before being incurred.

4. PERSONNEL QUALIFICATIONS AND KEY PERSONNEL

a. Basic qualifications:

The contractor shall accomplish the assigned work by utilizing qualified personnel with appropriate combinations of education, training, and experience. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Contractor shall assign personnel with education, training, and experience commensurate with their duties under this contract. Personnel performing CDA claims analysis, CSC proposal analysis, or other specialized analytical functions shall possess demonstrated knowledge of the Indian Self-Determination and Education Assistance Act (ISDEAA), Contract Support Costs (CSC), and Contract Disputes Act (CDA) claims analysis appropriate to their assigned responsibilities.

b. Special Qualifications:

Positions at the Manager level (or equivalent) and above must be Certified Public Accountant (CPA).

Senior Manager Positions (or equivalent) and above must have a minimum of 3 years of experience working with Indian Self-Determination and Education Assistance Act (ISDEAA) contract support cost issues.

c. Key Personnel:

The following personnel are considered key personnel by the government:

Senior Partner, or equivalent.

Partner, or equivalent.

Senior Manager, or equivalent.

The contractor shall provide a contract manager who shall be responsible for the performance of the work.

The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract. The contract manager or alternate shall be available between 9 a.m. and 5 p.m. Eastern Standard Time, Monday through Friday, except for Federal holidays or when the government facility is closed for administrative reasons.

Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the Contracting Officer in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer, see the HHS Acquisition Regulation (HHSAR) Key Personnel Clause 352.237.75.

d. Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

e. Security Requirements:

The contractor shall ensure that staff proposed to work on this contract who will require access to IHS networks are able to pass a federal background check. The contractor shall ensure that staff proposed for the tasks outlined provide responses back to the federal background clearance forms within five (5) business days of receipt. These tasks are critical and must begin immediately, therefore background clearances need to be expedited.

f. Conflict of Interest:

Claims Conflict of Interest: The contractor shall ensure there is no conflict of interest in performing the tasks outlined in this performance work statement whereby analysis and development of CDA claims on behalf of T/TOs are developed. The contractor shall recuse themselves of any CDA claims whereby they may have been involved in the development of said CDA claims. The contractor shall notify the PO and COR immediately if any such instances arise.

Organizational Conflict of Interest (Acquisition related): Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

5. PERIOD AND PLACE OF PERFORMANCE

a. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four

(4) 12-month option years as follows:

Base: 8/16/2026 to 8/15/2027 Option 1: 8/16/2027 to 8/15/2028 Option 2: 8/16/2028 to 8/15/2029 Option 3: 8/16/2029 to 8/15/2030 Option 4: 8/16/2030 to 8/15/2031

b. Place of Performance: The contract will primarily be performed off-site, at contractor’s facility/place of work. Some travel to IHS headquarters in Rockville, Maryland, and other sites within the continental United States may be required.

c. Hours of Operation: The contractor is responsible for conducting business between the hours of 9am and 5pm Eastern Standard Time, Monday through Friday except Federal holidays (as defined in 5 U.S. Code § 6103) or when the Government is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

6. GOVERNMENT FURNISHED PROPERTY

The Government will provide:

Laptop computers as required to access federal information systems.

Contractor staff are responsible for working with the IHS Helpdesk and other technical personnel to ensure the computers remain up to date and shall use this equipment only for the purposes of this contract and in compliance with the IHS Rules of Behavior and other IT security policies. Necessary peripherals may be provided as required and shall be returned with the issued computer.

Personal Identity Verification card (PIV): PIV cards may be provided to contractor staff who have completed background checks. These remain the property of the government and shall be returned by the contractor as staff leave this contract engagement or at the direction of the COR.

Mass storage devices or other media: The government may provide mass storage devices or other media for the transmission of data. The contractor shall be responsible for these and return them at the end of the contract or upon request of the COR.

The contractor remains responsible for GFE equipment and the cost of its replacement. The contractor shall maintain an equipment log of which person is responsible for each GFE computer or mass storage device and provide it as part of the monthly status report. All equipment shall be returned at the expiration of the contract or at the request of the COR.

The Contractor shall furnish all other supplies, equipment, facilities, and services required to perform work under this contract that are not listed above.

7. DELIVERABLES AND REPORTING/MEETINGS

a. Meetings Post-Award Conference/Kickoff Meeting:

Meet with the PO and COR and key planning team members within five (5) days of the contract award to review the performance work statement, seek any clarifying questions, develop a work plan with detailed timelines, identify timing to receive updates on planning progress and define special requirements and objectives.

Contract Status Meeting:

A monthly meeting to discuss contract business and programmatic planning issues will be scheduled by the COR to discuss:

Contract Business Portion: Discuss invoicing, expenditure, and hourly staff time use, staff clearances, other logistical or contractual matters.

Program Planning Portion: Discuss any program planning issues required related to the execution of contract responsibilities, coordination of Federal and Contract staff issues, identifying and resolving critical issues, etc.

Meeting logistics: The meetings shall be conducted in-person and/or in a virtual format, such as Zoom or Microsoft Teams. As required, the contractor shall travel to meet in person to answer questions and obtain directions from the federal team as needed.

Emergent Issues – the contract shall be available to discuss any emergent issues that may impact the successful completion of the contracted activity within the cost and other contractual requirements.

Periodic Progress Meetings:

The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

b. Deliverables Notes Monthly Written Status Reports:

The Contractor shall:

Provide monthly status reports indicating workplan schedule, planning activities, accomplishments, and data metrics on CDA claims analysis, end to end CSC process activities and other contract activities.

Additionally, the contractor shall identify any issues or delays that may need to be adjusted to meet the needs and requirements of the final product.

Provide supplemental reporting to address critical contract issues as identified by the COR.

Deliver status reports via e-mail to the COR on a monthly basis. All reports shall be presented in

Microsoft Office format or Adobe PDF, as requested by the COR.

Comprehensive Work Plan Development:

The contractor shall work with the PO to plan and make the necessary arrangements to ensure a workplan is developed to complete the tasks required within the scope of this contract by the desired delivery dates to ensure expedient and accurate payments are made to Tribal Health Programs (THP).

Quality Control/Quality Assurance Plan:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirements of the contract. The quality control plan should be provided within 30 days of the contract award, electronically to the Contracting Officer and COR, and then within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to this Quality Control system.

Electronic Materials:

The Contractor shall work with the PO and COR and federal team to develop materials in support of the Agency briefings. Advance communication and any briefing materials shall be ready for distribution no less than 5 days prior to the briefing session dates.

8. DELIVERABLES/REPORTING SCHEDULE

Deliverables will be accepted upon review, validation, and approval by the Government, with final approval resting with the COR.

PWS Task Reference

Deliverable Acceptance/ Performance Criteria

Due Date / Frequency

Medium/Format Delivery To & Acceptance By

2.1.a. Obtain Claims, and supporting tasks

Performed in accordance with the terms of the

PWS

Within 10 days of contract award and as produced by COR/PO thereafter

Electronic COR/PO

2.1.b. Review Claims, and supporting tasks

Performed in accordance with the terms of the

PWS

Within 30 days of contract award and as produced by COR/PO thereafter

Electronic COR/PO

2.1, 2.2 Assess current processes, internal controls, and high-risk areas; develop corrective action recommendations, improvement recommendations, and an analysis procedures document

Delivered by the deadline and accurately reflects the requirements of the PWS

Accepted by the COR/PO with no more than one (1) round of revisions required.

Within 45 days of contract award

Electronic; PDF and Microsoft Word

COR/PO

2.2 Ensure all indirect-cost

rate agreements and proposals are current on CSC SharePoint

No more than 1 instance of outdated information found per month by

COR/PO

Weekly Electronic COR/PO

2.2 Conduct Walkthrough N/A Within 30

days of contract award

Virtual or in-person, at

COR/PO

Discretion

COR/PO

2.2 Develop Business

Process Matrix

Delivered by the deadline and accurately reflects the requirements of the PWS

Accepted by the COR/PO with no more than one (1) round of revisions required.

Within 45 days of contract award

Electronic; PDF and Microsoft Word

COR/PO

2.2 Develop Training Tools Delivered by the

deadline and accurately reflects the requirements of the PWS

Accepted by the COR/PO with no more than one (1) round of revisions required.

Within 60 days of contract award

Electronic COR/PO

2.2 Produce Revised

Templates

Delivered by the deadline and accurately reflects the requirements of the PWS

Accepted by the COR/PO with no more than one (1) round of revisions required.

Within 75 days of contract award

Electronic; PDF and Microsoft Word

COR/PO

2.3 Document Preparation Prepared

documents (letters, memos, presentations) are free from substantive errors, formatting issues, and are delivered by the agreed-upon deadline.

No more than three

(3) validated complaints of inaccurate or untimely document

As needed Electronic; PDF & Microsoft Word preparation per year.

2.4 Transition Period

package, including but not limited to oversight tools and tracking mechanisms

Delivered by the deadline and accurately reflects the requirements of the PWS

Accepted by the COR/PO with no more than one (1) round of revisions required.

At least 90 days prior to the end of the contract period of performanc e

Electronic; PDF and Microsoft Word

COR/PO

4.e. Completed Federal Clearance Forms

All required forms for personnel background checks are submitted accurately within 5 business days of receipt.

No more than 1 late submission per year without prior COR approval.

Within 5 days of receipt from

COR

IHS Secure Data Transfer Service, or as specified by the COR

COR/PO

7.a. Kick-off meeting N/A Within 5 days of contract award

Virtual or in-person, at

COR/PO

Discretion

COR/PO

7.a. Contract Status Meetings

N/A Monthly Virtual or in-person, at

COR/PO

Discretion

COR/PO

7.a. Regular and recurring meetings

N/A As required by COR/PO

Virtual or in-person, at

COR/PO

Discretion

COR/PO

7.b. Produce Quality Assurance Plan

Delivered by the deadline and accurately reflects the requirements of the PWS

Within 15 days after award

Electronic; PDF and Microsoft

Accepted by the COR/PO with no more than one (1) round of revisions required.

7.b. Quality Control Plan Delivered on time and is accepted by the COR/PO as complete and actionable.

Within 30 days of contract award

Electronic; PDF & Microsoft Word

COR/PO

7.b. Comprehensive Work Plan

The work plan is delivered on time and is accepted by the COR/PO as complete and actionable, and addressing all PWS tasks.

Zero deviations.

The plan must be accepted by

COR/PO.

Within 10 days of contract award

Electronic; PDF & Microsoft Word

COR/PO

7.b. Monthly Written Status Reports

Prepared documents (letters, memos, presentations) are free from substantive errors, formatting issues, and are delivered by the agreed-upon deadline.

No more than 1 late or incomplete report per 6-month period.

Monthly by the 5th day of each month

Electronic; PDF & Microsoft

9. APPLICABLE ACRONYMS AND DEFINITIONS

Acronyms:

AI/AN American Indians and Alaska Natives BI Background Investigation CDA Contract Disputes Act CFP/M/E Contractor Furnished Property, Materials, and Equipment CFR Code of Federal Regulations CM Contract Manager CO Contracting Officer COOP Continuity of Operations Planning COR Contracting Officer Representative COTS Commercial Off the Shelf CPA Certified Public Accountant CPARS Contractor Performance Assessment Report System CSC Contract Support Costs CUI Controlled Unclassified Information CY Calendar Year DCSC Direct CSC DFO IHS Division of Financial Operations DOB Date of Birth DOI Department of Interior EO Executive Order FAR Federal Acquisition Regulation FBI US Federal Bureau of Investigation FISMA Federal Information Security Management Act FY Fiscal Year GAO U.S. Government Accountability Office GFP/M/E/S Government Furnished Property, Material, Equipment and Services GSA US General Services Administration HHS US Department of Health and Human Services HIPAA Health Insurance Portability and Accountability Act HSPD Homeland Security Presidential Directive HHSAR HHS Acquisition Regulation IA Information Assurance IAM Identity and Access Management IHS Indian Health Service IRT Incident Response Team IS Information System(s) IS2P HHS Information Security and Privacy Policy ISDEAA Indian Self Determination and Education Assistance Act ISSO Information System Security Officer IT Information Technology JTR Joint Travel Regulation MS Microsoft NACI National Agency Check and Inquiries NARA National Archives and Records Administration NBC National Business Center NDA Non-Disclosure Agreement NICRAs Negotiated Indirect Cost Rate Agreements NIST US National Institute of Standards and Technology

NLT No Later Than OCI Organizational Conflict of Interests OFA IHS Office of Finance and Accounting OIG US HHS Office of the Inspector General OMB US Office of Management and Budget OPM US Office of Personnel Management P-ATO Provisional Authority to Operate PHI Protected Health Information PIA Privacy Impact Assessment PII Personally Identifiable Information PIPO Phase In/Phase Out PIV Personal Identification Verification P.L. Public Law PO Project Officer POC Point of Contact PoP Period of Performance PRS Performance Requirements Summary PSFAs Programs, Services, Functions, and Activities PTA Privacy Threshold Analysis PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan ROB IHS Rules of Behavior SAM General Services Administration System for Award Management SBU Sensitive but Unclassified Section 508 Section 508 of the Rehabilitation Act of 1973 SSN Social Security Number SOP Standard Operating Procedure SP Special Publication SQL Structured Query Language TE Technical Exhibit THP Tribal Health Programs T&M Time and Materials T/TO Tribes and tribal organizations U.S.C. United States Code WCAG Web Content Accessibility Guidelines

Definitions:

Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

Contracting Officer (CO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

Contracting Officer Representative (COR): An employee of the U.S. Government designated by the CO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has the authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have the authority to change the terms and conditions of the contract.

Defective Service: A service output that does not meet the standard of performance associated with the

PWS.

Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best-value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

Physical Security: Actions that prevent the loss or damage of Government property.

Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Title I of the ISDEAA: Program Authority 25 U.S.C. § 450 et seq., 25 C.F.R. § 900 et seq.; Program Summary: Federally recognized Tribes or Tribal Organizations contract with the IHS to plan, conduct, and administer one or more individual programs, functions, services or activities (PFSAs), or portions thereof, that the IHS would otherwise provide for Indians because of their status as Indians. 25 U.S.C. § 450f.

Title V of the ISDEAA: Program Authority 25 U.S.C. § 458aaa et seq., 42 C.F.R. § 137 et seq.; Program Summary: Federally recognized Tribes or Tribal Organizations compact with the IHS to assume full funding and control over programs, services, functions or activities (PSFAs), or portions thereof, that the IHS would otherwise provide for Indians because of their status as Indians. 25 U.S.C. § 458aaa-3-4(b).