Attachment E - Clauses and Provisions.pdf

Attachment E

Applicable FAR, HHSAR, and HHS Revolutionary FAR Overhaul (RFO) Clauses and Provisions

Diagnostic Radiologic Technologist (DRT) Services – Mammography and Computed Tomography

Phoenix Indian Medical Center (PIMC)

RFQ-26-PHX-057

The following Federal Acquisition Regulation (FAR), Health and Human Services Acquisition Regulation (HHSAR), and applicable HHS Revolutionary FAR Overhaul (RFO) class deviation provisions and clauses are incorporated into this solicitation and any resulting Blanket Purchase Agreement (BPA). Clauses incorporated by reference have the same force and effect as if set forth in full text.

NOTICE REGARDING SYSTEM FOR AWARD MANAGEMENT REPRESENTATIONS

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. FAR Provisions

Clause Title Date / Version

52.203-3 Gratuities APR 1984

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

Clause Title Date / Version

52.252-2 Clauses Incorporated by Reference FEB 1998

52.252-6 Authorized Deviations in Clauses NOV 2020

52.204-13 System for Award Management Maintenance Current RFO deviation as applicable

52.232-33 Payment by Electronic Funds Transfer -

System for Award Management

OCT 2018

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

APR 2026

52.222-90 Addressing DEI Discrimination by Federal Contractors APR 2026 /

DEVIATION

52.237-7 Indemnification and Medical Liability Insurance Current RFO deviation as applicable

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and

First-Tier Subcontract Awards

JUN 2020

52.209-10 Prohibition on Contracting with Inverted

Domestic Corporations

NOV 2015

52.219-14 Limitations on Subcontracting OCT 2022/RFO Deviation Date

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor - Cooperation with Authorities and Remedies

JAN 2022 / current

52.222-35 Equal Opportunity for Veterans JUN 2020 / current

RFO treatment

52.222-36 Equal Opportunity for Workers with

Disabilities

JUN 2020 / current

RFO treatment

52.222-37 Employment Reports on Veterans JUN 2020 / current

RFO treatment

52.222-50 Combating Trafficking in Persons NOV 2021 / current

52.222-54 Employment Eligibility Verification JAN 2025 / current

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

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

52.239-1 Privacy or Security Safeguards AUG 1996

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

Current RFO deviation as applicable

52.240-91 Security Prohibitions and Exclusions Current RFO deviation as applicable

B. HHSAR Clauses

Clause Title Date / Version

352.226-1 Indian Preference DEC 2015

352.226-2 Indian Preference Program DEC 2015

352.226-6 Indian Economic Enterprise Subcontracting Limitations Current HHSAR text

352.232-71 Electronic Submission of Payment Requests DEC 2015

352.223-70 Safety and Health DEC 2015

C. RFO FAR Applicability

This solicitation and any resulting BPA incorporate applicable HHS-approved Revolutionary FAR Overhaul (RFO) Class Deviations in effect on the date of solicitation issuance. Provisions and clauses identified as “[Reserved]” under applicable RFO model deviation text are not incorporated. Where an applicable provision or clause has been revised by an HHS-approved RFO Class Deviation, the applicable RFO version is incorporated.

D. Full Text and Incorporation by Reference

The clauses identified in this attachment are incorporated by reference or in full text, as applicable, and form a part of this solicitation and any resulting Blanket Purchase Agreement (BPA). Clauses incorporated by reference have the same force and effect as if set forth in full text.

The following clauses are incorporated in full text because they contain agency-specific requirements or information that cannot be incorporated solely by reference:

FAR 52.222-42 — Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to 5 U.S.C. 5341 or 5332. This statement is for information only; it is not a wage determination.

Employee Class Radiologic Technologist

(End of provision/clause)

52.237-7 Indemnification and Medical Liability Insurance. (Deviation Date)

(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 provision/clause)

HHSAR 352.226-4 — Notice of Indian Small Business Economic Enterprise Set-Aside (JAN 2022)

HHSAR 352.226-4 (provision) — HHSAR 326.604-2(e)

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form (available at www.IHS.gov/DAP) with the offer. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

HHSAR 352.226-6 — Indian Economic Enterprise Subcontracting Limitations (JAN 2022)

HHSAR 352.226-6 (clause) — HHSAR 326.604-2(e)(3) / 326.605-1(b)

(a) Definitions apply as in HHSAR 326.601.

(b) The contractor must comply with FAR 52.219-14, Limitations on Subcontracting, in allocating subcontracted work, and shall not subcontract work exceeding the 52.219-14 limitations to any concern other than a responsible Indian Economic Enterprise.

(c) Work an IEE subcontractor does not perform with its own employees is treated as subcontracted work under 52.219-14.

(d) The contractor must cooperate in any compliance study or survey by the CO or IHS.

(e) The contractor must incorporate the substance of this clause, including this paragraph (e), in all covered subcontracts.

(End of provision/clause)

HHSAR 352.226-7 — Indian Economic Enterprise Representation (JAN 2022)

HHSAR 352.226-7 (provision) — HHSAR 326.604-2(e)(4) / 326.606-1

(a) The offeror must represent as part of its offer that it meets the IEE definition in HHSAR 326.601 and intends to meet it throughout performance, and must notify the CO immediately via email of any ownership change affecting this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form (or successor).

(c) False or misleading information is punishable under 18 U.S.C. 1001; false claims are subject to 31 U.S.C.

3729-3731 and 18 U.S.C. 287.

(End of provision/clause)

HHSAR 352.232-71 Electronic submission of payment requests

Electronic Submission of Payment Requests

(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.