Attachment 2 - Clauses and Provisions.pdf

RFQ No.: IHS1521987 Title: FYSU Water Mgt Plan Development, Maint, Verification, and Legionella Testing

Services Clauses, Provisions, Additional Terms and Conditions

1. INVOICING INSTRUCTIONS:

HHSAR 352.232-71 Electronic Submission of Invoice Payment Requests (Feb 2022)

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

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

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(END OF CLAUSE)

2. CONTRACT CLAUSES:

Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Clauses Incorporated by Reference:

NUMBER TITLE DATE

352.203-70 Anti-Lobbying DEC 2015

352.208-70 Printing and Duplication DEC 2015

352.223-70 Safety and Health DEC 2015

352.227-70 Publications and Publicity DEC 2015

352.232-71 Electronic Submission of Invoice Payment Requests

FEB 2022

352.239-74 Electronic and Information Technology Accessibility

DEC 2015

Federal Acquisition Regulation (FAR) Clauses Incorporated by Reference:

Services Clauses, Provisions, Additional Terms and Conditions

NUMBER TITLE DATE

52.203-3 Gratuities APR 1984

52.203-17 Contractor Employee Whistleblower Rights

NOV 2023

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2023

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

52.239-1 Privacy or Security Safeguards

AUG 1996

Services Clauses, Provisions, Additional Terms and Conditions

3. CLAUSES INCORPORATED IN FULL TEXT:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025) (DEVIATION Feb 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Oct 2025)

(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 products and commercial services:

• 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

• 52.204-23 – Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023)

• 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

• 52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

• 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

• 52.233-3 – Protest After Award (AUG 1996)

• 52.233-4 – Applicable Law for Breach of Contract Claim (OCT 2004)

(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 products and commercial services. [Contracting Officer check as appropriate for each acquisition.]

• ☒ 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

• ☒ 52.204-27 – Prohibition on a ByteDance Covered Application (JUN 2023)

• ☒ 52.209-6 – Protecting the Government’s Interest When Subcontracting with

Contractors Debarred or Suspended (JAN 2025)

• ☐ 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020)

• ☐ 52.219-14 – Limitations on Subcontracting (OCT 2022)

• ☐ 52.219-27 – Service-Disabled Veteran-Owned Small Business Set-Aside/Sole Source

(FEB 2024)

• ☒ 52.219-28 – Post-Award Small Business Program Rerepresentation (JAN 2025)

Services Clauses, Provisions, Additional Terms and Conditions

• ☐ 52.219-29 – Economically Disadvantaged Women-Owned Small Business Set- Aside/Sole Source (OCT 2022)

• ☐ 52.219-30 – Women-Owned Small Business Set-Aside/Sole Source (OCT 2022)

• ☒ 52.222-3 – Convict Labor (JUN 2003)

• ☒ 52.222-19 – Child Labor—Cooperation with Authorities and Remedies (JAN 2025)

• ☒ 52.222-21 – Prohibition of Segregated Facilities (APR 2015)

• ☒ 52.222-26 – Equal Opportunity (SEP 2016)

• ☒ 52.222-35 – Equal Opportunity for Veterans (JUN 2020)

• ☒ 52.222-36 – Equal Opportunity for Workers with Disabilities (JUN 2020)

• ☒ 52.222-37 – Employment Reports on Veterans (JUN 2020)

• ☒ 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

• ☒ 52.222-50 – Combating Trafficking in Persons (OCT 2025)

• ☒ 52.222-54 – Employment Eligibility Verification (JAN 2025)

• ☒ 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

• ☐ 52.225-1 – Buy American—Supplies (OCT 2022) (use for supply acquisitions as applicable)

• ☒ 52.225-13 – Restrictions on Certain Foreign Purchases (FEB 2021)

• ☒ 52.226-8 – Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

• ☒ 52.232-33 – Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018)

• ☐ 52.247-64 – Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021)

(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 products and commercial services.

• ☒ 52.222-41 – Service Contract Labor Standards (AUG 2018)

• ☐ 52.222-42 – Statement of Equivalent Rates for Federal Hires (MAY 2014)

• ☐ 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018)

• ☐ 52.222-44 – Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (MAY 2014)

• ☒ 52.222-55 – Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022)

Services Clauses, Provisions, Additional Terms and Conditions

• ☒ 52.222-62 – Paid Sick Leave Under Executive Order 13706 (JAN 2022)

Note: For supply-only acquisitions, select only the clauses applicable under 52.212-5(b) (e.g., 52.225-1 for Buy American—Supplies) and omit 52.212-5(c) Service Contract Labor Standards clauses.

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 working days, excluding Saturday, Sunday and Federal holidays.

(End of Clause)

FAR 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):

https://www.acquisition.gov/browse/index/far

(End of Clause)

4. PROVISIONS INCORPORATED BY REFERENCE:

NUMBER TITLE DATE

52.204-7 System for Award Management

NOV 2024

52.204-13 System for Award Management Maintenance

OCT 2018

52.212-1 Instructions to Offerors— Commercial Products and Commercial Services

SEPT 2023

52.212-3 Offeror Representations and Certifications—

MAY 2024

Services Clauses, Provisions, Additional Terms and Conditions

Commercial Products and Commercial Services

52.217-5 Evaluation of Options JUL 1990

5. PROVISIONS INCORPORATED IN FULL TEXT:

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sept 2023)

Addendum – Quote Preparation Instructions

1. General Instructions. To assure timely and equitable evaluation of the offer, the offeror must follow the instructions contained herein. The offer must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

2. Format for Offer. Offers shall be sectioned into volumes and clearly marked for Price, Technical, and Past Performance (if applicable). The offeror shall follow any page limits, font requirements, and submission instructions identified in the RFQ cover letter or schedule.

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

Addendum – Evaluation

Offers that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government may award without discussions using a best value determination in accordance with FAR 13.106-1, price and other factors considered.

6. TAXES:

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)(8), 42-5071(B)(2)(a), 42-5061(A)(25)(a), and 42- 5159(A)(13)(a),(b),(c), State of Arizona Department of Revenue. (Copy of certificate available upon request).