Attachment C - Solicitation Provisions and Contract Clauses_REVISED.pdf

Attachment C Solicitation Provisions and Contract Clauses

Nonpersonal Hospitalist Physician Services

Solicitation No. 75H71227Q00001

Phoenix Area Indian Health Service

RFO Applicability. This solicitation and any resulting BPA incorporate the applicable HHS-approved

Revolutionary FAR Overhaul (RFO) class deviations in effect on the solicitation issuance date. Where applicable

FAR or HHSAR text is deviated, the HHS-approved deviation text governs. Provisions or clauses marked

Reserved under the applicable RFO text are not incorporated.

System for Award Management (SAM) Notice. System updates may lag policy updates. The System for Award

Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

A. SOLICITATION PROVISIONS

Provision /

Clause Title Date / Authority

52.212-1 Instructions to Offerors - Commercial Products and Commercial

Services

RFO DEVIATION

52.212-2 Evaluation - Commercial Products and Commercial Services RFO DEVIATION

352.226-73 Notice of Indian Small Business Economic Enterprise Set-Aside

OCT 2026 (RFO

DEVIATION)

352.226-76 Indian Economic Enterprise Representation

OCT 2026 (RFO

DEVIATION)

52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions Applicable FAR text

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements - Representation Applicable FAR text

52.204-7 System for Award Management Applicable FAR text

52.209-12 Certification Regarding Tax Matters Applicable FAR text

52.240-90 Security Prohibitions and Exclusions Representations and

Certifications

RFO DEVIATION

Addenda to 52.212-1 and 52.212-2. Quotation submission requirements are stated in Section 5 of the Combined

Synopsis/Solicitation. The evaluation factors, staged evaluation process, and basis for BPA establishment are stated in Section 6 of the Combined Synopsis/Solicitation.

RFO commercial-services note. FAR 52.212-3 is not included because it is removed under the applicable RFO

Part 12 deviation. The Government will rely on solicitation-specific representations and other applicable SAM representations consistent with current RFO requirements.

B. CONTRACT CLAUSES

Provision /

Clause Title Date / Authority

52.212-4 Terms and Conditions - Commercial Products and Commercial

Services

RFO DEVIATION

52.219-14 Limitations on Subcontracting Applicable FAR text

52.222-90 Addressing DEI Discrimination by Federal Contractors RFO DEVIATION

52.224-3 Privacy Training Applicable FAR text

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

Management Applicable FAR text

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Applicable FAR text

52.233-3 Protest After Award Applicable FAR text

52.233-4 Applicable Law for Breach of Contract Claim Applicable FAR text

52.237-7 Indemnification and Medical Liability Insurance JAN 1997

52.240-91 Security Prohibitions and Exclusions RFO DEVIATION

52.240-92 Security Requirements RFO DEVIATION

52.240-93 Basic Safeguarding of Covered Contractor Information Systems RFO DEVIATION

52.244-6 Subcontracts for Commercial Products and Commercial Services RFO DEVIATION

352.226-75 Indian Economic Enterprise Subcontracting Limitations

OCT 2026 (RFO

DEVIATION)

352.232-71 Electronic Submission of Payment Requests FEB 2022

352.237-73 Indian Child Protection and Family Violence Act - Background

Investigations

OCT 2026 (RFO

DEVIATION)

C. PROVISIONS AND CLAUSES INCORPORATED IN FULL TEXT

52.237-7 - Indemnification and Medical Liability Insurance (JAN 1997)

(a) It is expressly agreed and understood that this is a nonpersonal 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.

(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)

HHSAR 352.232-71 - Electronic Submission of 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)

D. BPA CALL INVOICING ADDENDUM

In addition to HHSAR 352.232-71 and the applicable payment clause, each payment request shall identify the applicable BPA number, BPA Call number, Ordering Activity, period billed, authorized hours, applicable BPA hourly rate, and supporting documentation required by the BPA Call. Payment is limited to services actually performed and accepted within the authorized Call.