Combined Synopsis-Solicitation IHS1510770.pdf

Rev. 07/22/2025

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included I this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation no. IHS1510770 is issued as a request for quotation (RFQ).

The solicitation document incorporates provisions and clauses that are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025.

The solicitation is Indian Small Business Economic Enterprise (ISBEE) under North American Industry Classification System (NAICS) code 561320 with an associated small business size standard of $34 million.

SCHEDULE OF ITEMS

CLIN

NO.

Description Estimated Quantity

Unit Unit Price Extended Price

1 Registered Dietitian Services All-inclusive Regular / Overtime hourly rate:

2080 hour $ $

The Navajo Area Indian Health Service, Chinle Comprehensive Health Care Facility (CCHCF) needs a contractor to provide Nonpersonal Service Dietitian healthcare provider staffing in strict accordance with the attached Performance Work Statement. The Government intends to award a Nonpersonal Service Labor Hour Type contract. The assignment is through the stated period of performance or until the position is filled with a permanent hire. In such instances, the provider will be released from contract assignment. This notice is for one (1) position.

The period of performance (or delivery): The Government intends to award a contract consisting of one 6-month Base Period plus one 6-month option period totaling 12 months. Tentative start date: 11/01/2025.

Base Period 6 months First Option Period 6 months

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023), applies to this acquisition.

Addenda are included. 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021) Submission of Offers. All offers must include the following information and submitted at or before the date and time specified in this solicitation.

Sub-paragraph (b) is replaced in its entirety by the following:

(b) Submission of quotes. All quotes must include the following information and be submitted via email to the Contracting Officer (CO): Tanya Begay, Supervisory Contract Specialist, 928-674-7635, tanya.begay2@ihs.gov at or before the exact date and time specified in this solicitation.

(1) Volume 1 – Label “Administrative Documents.” Provide a completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically). Quotes that fail to provide required administrative documents or reject the Terms and Conditions of the solicitation may be excluded from consideration. Quoters must complete and submit attached IHS IEE Representation Form.

(2) Volume 2 – Label “Technical Proposal” The quoter shall provide the following information:

a) Technical Capability of Vendor:

i. Provide a response to how the quoter will respond to 1) staff shortages 2) absenteeism, and

3) replacement in providing candidates.

ii. Provide evidence quoter has adequate and appropriate 1) planning, 2) personnel, and 3) available resources positioned efficiently and effectively to carry out the requirements and can meet the large volume of services requested herein.

b) Qualification Requirements of Candidates: Provide complete Candidate Profile; Curriculum vitae, resumes, licensures, and all relative documents for proposed candidates. Provide evidence the candidates meet 100% of the requirements listed in the Performance Work Statement Section 6.0.

Do not provide more than 3 candidates for review. Quoter must provide the following:

iii. Candidate’s Licenses/Certifications/Detailed Experience - Refer to Performance Work Statement Section 6.0. NOTE: The Government will not be interviewing candidates.

iv. Candidate's Malpractice - Provide malpractice information, derogatory actions on medical boards, and/or legal/criminal actions if applicable. If none, then state none.

(3) Volume 3 – Label “Past Performance of Vendor.” Provide a minimum of 2 but no more than 5 Contractor’s Performance Assessment Reporting System (CPARS) reports of prior contracts providing Dietitian services of comparable size and complexity within the past 5 years. Additionally, for each contract identified the quoter shall include the following information: contract number, points of contact of Government personnel who accepted/received the products/services, phone numbers and email addresses for those Government personnel, a description of the requirement and an explanation of how it relates to the current requirement, and the contract award amount. If quoter has no CPARs or provides less than 2 CPARs reports, then quoter will be rated neutral. Quoters who provide CPARs will be weighted and considered. Do not submit more than 5 CPAR reports. NOTICE: The Government reserves the right to consider contractor past performance assessments beyond what is submitted by the prospective contractor.

NO PRICING INFORMATION SHALL BE INCLUDED IN VOLUMES 2 or 3.

(4) Volume 4 – Label “Price.” Quoters shall provide detailed pricing aligned with the technical approach on Schedule of Items. Include a narrative that supports the pricing and indicate any discount terms. In addition, include a breakdown of the hourly rate pricing showing the amount paid to key personnel, fringe, benefits, taxes, overhead and profit to demonstrate how the final hourly rate was calculated. All prices, base and option CLINs, must be quoted or the quote may not be considered.

Submission Format:

a) All Documentation must be in PDF format. Failure to follow instructions and/or to provide required information may render proposal nonresponsive or unacceptable, and will be removed from award consideration.

b) Each volume must be submitted as a separate file with clear labeling (e.g., Volume I “Administrative Documents, etc.)

c) The email subject line should reference the solicitation number and quoter name.

Questions and Answers (Q&A) Period: The due date for all questions associated with this solicitation is (8) days before offer response date. Questions requesting changes to solicitation/contract requirements will be considered only when supported by specific reasoning about how the change would increase competition/benefit the Government.

The provision at 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following factors shall be used to evaluate quotes:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Past Performance of Vendor

2) Technical Capability of Vendor

3) Qualification Requirements of Candidates

4) Price

Past Performance, Technical Capability of Vendor, and Qualification Requirements of Candidates, when combined, are Significantly more important than cost or price, and all non-price factors are of equal importance. Offers are intended to be evaluated with, and award made after, discussions with the offerors.

Failure to follow instructions and/or to provide required information may render proposal nonresponsive or unacceptable, and will be removed from award consideration.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The following Federal Acquisition Regulation provisions also apply:

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

OCT 2020

52.216-31

TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS –

COMMERCIAL ITEM ACQUISITION

FEB 2007

52.252-1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

www.acquisition.gov/browse/index/far, www.acquisition.gov/hhsar FEB 1998

52.252-5

AUTHORIZED DEVIATIONS IN PROVISIONS

Department of Health and Human Services, 48 CFR Chapter 3 NOV 2020

The following Department of Health and Human Services Acquisition Regulation provisions also apply:

352.239-73

ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY NOTICE

DEC 2015

52.226-7 INDIAN ECONOMIC ENTERPRISE REPRESENTATION MAR 2022

(a) The offeror must represent as part of its offer that it does meet the definition of Indian Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met.

(c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

(End of provision)

The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. Addenda are not included.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025)[DEVIATION FEB 2025], applies to this acquisition.

The following additional FAR clauses cited in the clause are applicable to the acquisition:

Clause No., Name, Date 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-14, Service Contract Reporting Requirements (Oct 2016) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025 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 (Nov 2021) 52.222-54, Employment Eligibility Verification (Jan 2025) 52.224-3 Privacy Training (Jan 2017 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 (Oct2018) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024)

The following Federal Acquisition Regulation clauses also apply:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.237-2

PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND

VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.252-2

CLAUSES INCORPORATED BY REFERENCE

www.acquisition.gov/browse/index/far, www.acquisition.gov/hhsar FEB 1998

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 before contract expires.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

MAR 2000

(a)The Government may extend the term of this contract by written notice to the Contractor within before contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months.

(End of clause)

52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE JAN 1997

(a)It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, 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 per occurrence, and $3,000,000 aggregate

(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)

The following Department of Health and Human Services Acquisition Regulation clauses incorporated by reference also apply:

352.224-70 PRIVACY ACT DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.231-70 SALARY RATE LIMITATION DEC 2015

352.237-70 PRO-CHILDREN ACT DEC 2015

352.237-71 CRIME CONTROL ACT – REPORTING OF CHILD ABUSE DEC 2015

352.237-72 CRIME CONTROL ACT – REQUIREMENTS FOR BACKGROUND

CHECKS

DEC 2015

352.237-73 INDIAN CHILD PROTECTION AND FAMILY VIOLENCE ACT DEC 2015

352.226-4 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC

ENTERPRISE SET-ASIDE

MAR 2022

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 in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website ( www.IHS.gov/DAP ), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

352.226-1 INDIAN PREFERENCE MAR 2025

(DEVIATION)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation.

To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses;

HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(d) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(e) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(f) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.226-6 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING

LIMITATIONS

MAR 2022

(a) Definitions as used in this clause.

(1) Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(i) At the time an offer is made in response to a written solicitation;

(ii) At the time of the contract award; and

(iii) During the full term of the contract.

(2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Health Service or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for general services, A&E services and construction awarded under this contract.

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)

The following local Indian Health Service, Gallup Service Unit special instructions also apply:

NAIHS-ACQ-01 NON-PERSONAL SERVICES DEC 2020

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of a personal services nature, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately.

NAIHS-ACQ-02 NON-PERSONAL HEALTH CARE SERVICES DEC 2020

In accordance with FAR 37.401, this is a non-personal health care services contract, as defined in FAR 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The Contractor indemnifies the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor must maintain medical liability insurance in the coverage amounts identified in the clause at 52.237-7 Indemnification and Medical Liability Insurance, which must flow down to any of the Contractor’s subcontracts for provisions of health care services.

(End of clause)

NAIHS-ACQ-06 IMPLEMENTATION OF INDIAN HEALTH MANUAL

PART 3, CHAPTER 20, PROTECTING CHILDREN FROM

SEXUAL ABUSE BY HEALTH CARE PROVIDERS

JUL 2021

Indian Health Manual Part 3, Chapter 20 establishes policy for Protecting Children from Sexual Abuse by Health Care Providers. All Indian Health Service contractors must complete a government-provided, training module associated with this policy as an integral part of the onboarding process, but no more than 30 days from the date of onboarding.

Failure to complete the mandatory training may be cause for adverse action from a minimum of temporary suspension, to a maximum of termination, from appointment.

The Contractor is required to flow down this clause in any subcontract for commercial or non-commercial item. The extent of the flow down shall be as required by the clause.

NAIHS-ACQ-08 CONTRACTING OFFICER’S REPRESENTATIVE AUG 2022

(a) Definition. “Contracting Officer’s Representative (COR)” means an individual designated in by the Contracting Officer as authorized personnel responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(b) Per FAR Subpart 1.602-2(d): The Contracting Officer (CO) determines that this contract requires a Contracting Officer Representative (COR).The Contracting Officer Representative (COR) is:

TBD at time of award.

(c) Upon award, the COR will receive a copy of the written designation, specifying the extent of the COR’s authority on behalf of the CO.

(d) Limitations. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. Any contractor request for changes shall be referred to the CO directly or through the COR. No such changes shall be made without the express written prior authorization of the CO.

NAIHS-ACQ-09 UNAUTHORIZED COMMITMENTS SEP 2023

(a) Definitions.

Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determination and findings.

Ratification means the act of approving an unauthorized commitment by an official who has the authority to do so.

Unauthorized Commitment (UAC) means an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.

(b) Policy.

The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer (see FAR 1.602-1) Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.

(c) Procedure.

Any agreement, modification, or change to a contractual agreement made by a government personnel who lack authority will be deemed an unauthorized commitment. The Government is not liable to the Contractor or under the terms of the contract, financially or otherwise – unless the unauthorized commitment successfully passes the ratification process.

The ratification process does not have any lead time, nor does the Government make any promise that an unauthorized commitment will be ratified and, therefore, the Contractor would be paid. The Contractor proceeds at its own risk if any of the terms of the contract are altered, changed, or modified without the written concurrence by a Contracting Officer.

NAIHS-ACQ-18 COVERED ENTITIES AND BUSINESS ASSOCIATES, for additional information: Covered Entities and Business Associates |

HHS.gov)

APR 2025

The Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule") establishes, for the first time, a set of national standards for the protection of certain health information. The U.S. Department of Health and Human Services ("HHS") issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").1 The Privacy Rule standards address the use and disclosure of individuals' health information—called "protected health information" by organizations subject to the Privacy Rule — called "covered entities," as well as standards for individuals' privacy rights to understand and control how their health information is used. Within HHS, the Office for Civil Rights ("OCR") has responsibility for implementing and enforcing the Privacy Rule with respect to voluntary compliance activities and civil money penalties.

A major goal of the Privacy Rule is to assure that individuals' health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being. The Rule strikes a balance that permits important uses of information, while protecting the privacy of people who seek care and healing. Given that the health care marketplace is diverse, the Rule is designed to be flexible and comprehensive to cover the variety of uses and disclosures that need to be addressed.

Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA Rules at 45 CFR

160.103 must comply with the Rules' requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If a covered entity engages a business associate to help it carry out its health care activities and functions, the covered entity must have a written business associate contract or other arrangement with the business associate that establishes specifically what the business associate has been engaged to do and requires the business associate to comply with the Rules’ requirements to protect the privacy and security of protected health information. In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules.

Under this contract the contractor and its employees agree to the Business Associate Agreement labeled as Attachment B that has been incorporated into this solicitation or contract.

NAIHS-ACQ-19 REAL ID ACT MAY 2025

In alignment with the Department of Homeland Security (DHS) and the Transportation Security Administration (TSA), the U.S. Department of Health and Human Services (HHS) will fully implement and enforce REAL ID Act requirements for all HHS facility access beginning May 7, 2025. All individuals entering HHS-owned, leased, or operated facilities must present a REAL ID-compliant credential or another federally approved form of identification.

Below is the list of acceptable forms of ID.

• State-issued Enhanced Driver’s License

• U.S. passport

• U.S. passport card

• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)

• U.S. Department of Defense ID, including IDs issued to dependents

• Permanent resident card

• Border crossing card

• An acceptable photo ID issued by a federally recognized Tribal Nation/Indian Tribe, including Enhanced

Tribal Cards (ETCs)

• HSPD-12 PIV card

• Foreign government-issued passport

• Canadian provincial driver's license or Indian and Northern Affairs Canada card

• Transportation worker identification credential

• U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)

• U.S. Merchant Mariner Credential

• Veteran Health Identification Card (VHIC)

Offers are due:

DATE: 08/26/2025

TIME: 5:00 PM MDT

LOCATION: Email directly to Tanya Begay @ tanya.begay2@ihs.gov

For additional information or questions about the solicitation, contact Tanya Begay, Supervisory Contract Specialist, 928-674-7635, tanya.begay2@ihs.gov.

List of Attachments:

Attachment A – Performance Work Statement Attachment B – Business Associate Agreement Attachment C - IHS IEE Representation Form

PWS No.: 08-01 – RD IM April 22, 2024

Performance Work Statement (PWS)

For Non-Personal Services

Dietitian – Inpatient/Outpatient Department

Table of Contents

Section Page

1.0 General 1-3

2.0 Definitions 4-6

3.0 Government Furnished Information, Property, & Services 7

4.0 Contractor Furnished Equipment 8

5.0 Performance Based Requirements 8-10

6.0 Contractor Qualification Requirements 11-12

7.0 Challenges to Conflicts 12

8.0 52.249-12 Termination (Personal Services) (APR 1984) 12

9.0 Performance based Matrix 13

10.0 List of Attachments and Exhibits 14

Performance Work Statement (PWS)

Non-Personal Services

Dietitian – Inpatient/Outpatient Department

1.0 General: This performance work statement describes the requirements for Non-Personal service Dietitian to support the mission of the Indian Health Service (IHS).

1.1 Background: IHS is an agency within the U.S. Department of Health and Human Services and is responsible for providing federal health services to American Indians and Alaska Natives. The provision of health services to members of federally recognized tribes grew out of the special government-to-government relationship between the federal government and Indian tribes. The IHS is the principal federal health care provider and health advocate for the Indian people. The goal is to assure that comprehensive, culturally acceptable personal and public health services are available and accessible to American Indians and Alaska Natives. The IHS currently provides health services to approximately

1.5 million American Indians and Alaska Natives who belong to more than 557 federally recognized tribes in 34 states.

There is a nationwide shortage of Dietitian, which is amplified by the remote and rural areas served by the Indian Health Service. This performance work statement covers requirements for the Navajo, Phoenix and Tucson Areas. The positions to be filled may include: Clinical Dietitians, Dietitians, Dietitians and Nutritionists, Dietitians, Clinical, Nutritionists and Nutritionist, Public Health for the provision of outpatient, inpatient, and community health nursing services.

1.1.1 Navajo Area Indian Health Services (NAIHS): administers health centers and hospitals providing health care to approximately 201,583 members of the Navajo Nation. The Navajo Nation is the largest Indian tribe in the United States and has the largest reservation, which encompasses more than 25,516 square miles in northern Arizona, western New Mexico, and southern Utah, with three satellite communities in central New Mexico.

The NAIHS is the primary provider of inpatient, ambulatory care, preventive and community health, and environmental health services for members of the Navajo Nation and the San Juan Southern Paiute Tribe.

1.1.2 Chinle Comprehensive Health Care Facility (CCHCF): provides medical care for approximately 35,000 Navajos. Serving a rural area, many of our patients travel 100 miles round trip to receive care and do not have electricity or running water in their homes. Most of our elderly patients speak only Navajo, and live according to the traditional Navajo cultural practices. The Chinle Comprehensive Health Care Facility and Ambulatory Care Center is a 60-Bed inpatient hospital and outpatient facility. Services offered are: Adult Inpatient and Pediatric Inpatient Care, Outpatient Primary Care, Adult Intensive Care, Emergency Medicine, General Surgery, Podiatry, OB/GYN, Labor and Delivery, Women’s Health, Midwifery, Mental

Health, Pharmacy, Optometry, Dental, Physical Therapy, Occupational Therapy, Speech, Pathology, Audiology, Laboratory, Public Health and School Health.

1.2 Scope: The Contractor shall provide Dietitian services in accordance with section 5.0, performance-based requirements.

1.2.1. Duties: Duties and responsibilities involve providing dietetic services to IHS patients and community members in outpatient, inpatient, schools, workplace, home, telehealth, and other community settings. If the Supervisor determines it is necessary, then the Contractor may accompany the patient on direct patient care-related transports.

1.2.2. Place of Performance: Services can be performed at hospitals, clinics, schools, homes, workplace, telehealth, and other community settings. Services shall be performed as part of the Clinical and Community Nutrition Department at Chinle Comprehensive Health Care Facility, Chinle, Arizona 86503.

1.2.3. Period of Performance: Will be flexible schedule to allow for short term (13 weeks), long term (1-year to 3-year) and, where feasible, include intermittent support to meet unplanned needs that develop on a frequent basis. Work schedule is suggested as 5 days a week, which can include a weekend day, within 7am to 7pm for total of 34-40 hours.

1.2.4. Housing is unavailable at this time.

1.3. Applicable Documents: Please see the web link listed unless document is listed as an attachment.

1.3.1. The Joint Commission on Accreditation of Healthcare Organizations (The Joint

Commission) http://www.jointcommission.org

1.3.2. Centers for Medicare and Medicaid Services (CMS) Standards http://www.cms.hhs.gov

1.3.3. Accreditation Association for Ambulatory Health Care (AAAHC) http://www.aaahc.org

1.3.4. Section 231 of Public Law 101-647, the Crime Control Act of 1990.

http://www.policyalmanac.org/crime/archive/crs_federal_crime_policy.sh tml

1.3.5. Section 4087 of Public Law 101-630, the Indian Child and Family Violence Act.

http://www.nicwa.org/policy/law/protection/index.asp

1.3.6. Health Insurance Portability and Accountability Act (HIPAA) of 1996.

http://www.cms.hhs.gov/hipaa

1.3.7. Privacy Act of 1974. http://www.usdoj.gov/oip/privstat.htm

1.3.8. IHS Service Unit and Health Center Policies, Procedures and Protocols. (See section

11.0 for a list of attachments and exhibits) http://www.jointcommission.org/ http://www.cms.hhs.gov/ http://www.cms.hhs.gov/ http://www.aaahc.org/ http://www.policyalmanac.org/crime/archive/crs_federal_crime_policy.shtml http://www.policyalmanac.org/crime/archive/crs_federal_crime_policy.shtml http://www.policyalmanac.org/crime/archive/crs_federal_crime_policy.shtml http://www.nicwa.org/policy/law/protection/index.asp http://www.cms.hhs.gov/hipaa http://www.usdoj.gov/oip/privstat.htm

1.3.9. Computer Security Act of 1980

http://www.ihs.gov/adminmggrresouces/computersecurityact

1.3.10. Federal Code of Conduct http://www.ihs.gov

1.3.11. IHS General Directives http://www.ihs.gov/adminmggrresouces

1.3.12. IHS Computer Security Directives http://www.ihs.gov/adminmggresources

2.0 Definitions:

2.1 Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR subpart

46.5 and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements.

Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

2.3 Area: A defined geographical region for Indian Health Service administrative purposes.

Each Area Office may administer several Service Units.

2.4 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.5 Contractor: The individual awarded a legal binding contract to provide supplies and services.

2.6 Contracting Officer’s Representative (COR): A federal employee who assists the ordering/issuing activity contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day-to-day program management of the ordering activity’s task orders. Ordering activities may have different designators for this employee (e.g. GTR – Government Technical Representative, COTR–Contracting Officer’s Technical Representative, or PO Project Officer).

2.7 Cooperative Attitude: Behavior that is positive and displays a willingness to perform assigned patient care tasks and to be a team player.

2.8 Cultural Awareness: Realization and respect for American Indian and Alaska Native practices.

2.9 Customer: Patients, staff and visitors of an IHS service unit and health center.

http://www.ihs.gov/ http://www.ihs.gov/adminmggrresouces http://www.ihs.gov/adminmggresources

2.10 Customer Evaluation/Input: Written comments made to the Contracting Officer regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor’s performance.

2.11 Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result.

2.12 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.13 Government Vehicle: An IHS owned motor vehicle or a vehicle leased by IHS through agreements with the General Services Administration (GSA) or through commercial rental agreements.

2.14 Health Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray which are available at least 40 hours a week for outpatient care.

2.15 Nonpersonal Services: A contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in FAR 37.

2.16 Ordering Activity: An authorized user of IHS that may issue a task order to obtain required services under this contract.

2.17 Ordering Activity Contracting Officer: A Government employee of IHS authorized and warranted to issue task orders and to make subsequent task order modification(s) under this contract. The Ordering Activity CO has the authority to make initial determinations on all matters of dispute regarding task orders.

2.18 Orientation: An activity designed to provide basic familiarization of the facility and transition the Dietitian into the IHS Service Unit and/or Health Center and the Dietitian unit where the services will be provided.

2.19 Past Performance Information: Relevant information regarding a contractor’s actions under previously awarded contracts. This includes the contractor’s record of conformance to specifications and to standards of good workmanship; the contractor’s record of containing and forecasting costs on any previously performed cost reimbursable contracts;

the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor’s business-like concern for the interest of the customer.

2.20 Patient Outcome: Provide accurate and reliable results for direct patient care as Dietitian.

2.21 Performance based Matrix: Lists the services to be monitored and the standards to be applied.

2.22 Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards.

2.23 Service Unit: The local administrative unit of IHS.

2.24 Standards of Practice and Standards of Care: Authoritative Clinical & Community Nutrition department policies and procedures manuals which provide the duties and responsibilities of the Clinical & Community Nutrition department staff. The standards provide direction for professional Dietitian practice and a framework for the evaluation of practice. The standards of professional nursing practice may pertain to general or specialty practice.

2.25 Supervisor: Government employee authorized to provide verbal and written performance direction to the Contractor that the Contractor must follow without exception.

2.26 Task Order: An order issued in accordance with the terms of the contract that details an ordering activity’s specific requirements. An ordering activities written order to obtain services, at a minimum will include the following where applicable: description of services, skill categories, hours, price, period of performance, contract number, and the ordering activities task order number.

2.27 Tour of Duty: Will be flexible schedule to allow for short term (13 weeks), long term (1-year to 3-year) and, where feasible, include intermittent support to meet unplanned needs that develop on a frequent basis. Work schedule is suggested as 5 days a week, which can include a weekend day, and 8 hours days within 7am to 7pm for total of 34-40 hours.

2.28 Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.

2.29 Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

3.0 Government Furnished Information, Property, & Services:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, will be made available to the Contractor. The Contracting Officer or designee will be the point of contact for identification of any required information to be supplied by the Government.

3.2 Joint Use by the Government and the Contractor: Except for the property and service listed in 3.3 and 4.0, the Government will provide, for joint use by the Government and the Contractor, all necessary equipment, supplies, and clinic space to perform the services under this contract. Equipment includes laptop, cellphone, hotspot, and other items used for providing services away from the Service Unit facilities.

3.3 Contractor Exclusive Use:

3.3.1 Personal Protective Equipment (PPE): The Government will furnish the Contractor with appropriate PPE other than specified in paragraph 4 of the contract. The Government will be responsible for any repair, cleaning, and inventory required for the PPE.