Combined Synopsis-Solicitation No. IHS5425034_IHS5425035 - Outpatient AOPD - Two (2) Licensed Practical Nurses.pdf

Rev. 06/04/2024

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 in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation no. IHS5425034_IHS5425035 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) 2024-05, effective May 22, 2024.

The solicitation is a Buy Indian set-aside under North American Industry Classification System (NAICS) code 561320 with an associated small business size standard of $30,000,000.

SCHEDULE OF ITEMS

CLIN

NO.

Description Quantity Unit Price Extended Price

Nonpersonal Services for Outpatient AOPD Licensed Practical Nurse All-inclusive regular/overtime hourly rate

1,498 Hours $ $

Nonpersonal Services for Outpatient AOPD Licensed Practical Nurse All-inclusive regular/overtime hourly rate

1,498 Hours $ $

TOTAL $

This combined synopsis/solicitation notice is a request for quote for two (2) Non-Personal Service Contracts for a Contractor to provide two (2) Outpatient AOPD Licensed Practical Nurse (LPN) healthcare providers to the Chinle Comprehensive Health Care Facility (CCHCF), Navajo Area Indian Health Service (IHS) throughout the duration of the contract period of performance. Services shall be performed in accordance with the attached Performance Work Statement (PWS). 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.

The Chinle Comprehensive Health Care Facility (CCHCF) is based in Chinle, Arizona (Northeast Arizona near Canyon De Chelly National Monument). The CCHCF is a 60-bed hospital which serves as the health care hub for the region. The medical staff includes Family Physicians, Internists, Pediatricians, General Surgeons, OB/GYN's, Anesthesiologists, and a Psychiatrist. In addition to routine outpatient and inpatient primary care, services available to our patients include: Adult Intensive Care, General Surgery (including laparoscopic surgery), routine and operative Obstetrics, and 24-Hour Emergency Room Services. Health care services are provided to approximately 37,000 active users. Strong Navajo cultural traditions exist within the community, offering an opportunity to learn the Navajo language, or to learn about traditional Navajo medicine. The service unit is located on the Colorado Plateau with excellent opportunities for photography, hiking, running, road biking, cross country skiing, and mountain biking. Canyon de Chelly National Monument is within 5 miles of the hospital and is a wonderful place for exploring and sightseeing, running and mountain biking.

The Contractor shall provide an all-inclusive rate, and is responsible for all costs associated with providing said services, i.e. travel, per diem, lodging/housing, etc. Government quarters are currently not available, but Chinle, AZ has (3) hotels in the immediate area. The Contractor shall be responsible for housing respective providers if there are no government quarters available. Upon selection, the provider will be placed on a waiting list to acquire Government quarters. If Government housing becomes available, the provider shall contact the CCHCF Housing Services Department, and make rental/payment arrangements;

telephone number 928-674-7303.

The period of performance (or delivery) is: The Government intends to award an eight (8) month labor hour type contract resulting from this solicitation. Tentative start date: November 1, 2024.

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.

**Email offer directly to the Contracting Officer (CO). The CO for this action is: Teola Autaubo, Purchasing Agent, 928-674-7825, teola.autaubo@ihs.gov. No questions will be accepted regarding this notice. Submit Adobe PDF files only.

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 (or multiple contracts) 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: Provide a list of 3-5 prior contracts of the same discipline requested herein of comparable size and complexity within the past 5 years, and provide complete and final Contractor’s Performance Assessment Reporting System (CPARS) reports for each contract listed. Each identified contract 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 offeror has no CPARs, then offeror will be rated neutral.

Offerors who provide CPARs will be weighted and considered higher in regards to Past Performance based on their CPARS ratings.

2) Technical Capability of Vendor:

a. Provide a response to how the offeror will respond to staff shortages / absenteeism / replacement in providing candidates.

b. Provide evidence offeror has adequate and appropriate planning, personnel, and available resources positioned efficiently and effectively to carry out the requirements and can meet the large volume of services requested herein.

3) 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. Offeror must provide the following:

a. Candidate’s Licenses/Certifications/Detailed Experience - Refer to PWS.

NOTE: The Government will not be interviewing candidates.

4) Price: Pricing shall be submitted using the Schedule of Items on page 1.

5) Provide a completed IHS IEE Representation Form attachment.

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

Past Performance of Vendor, 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.

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.

Quoters must include with its quote a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024).

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

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

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 included.

52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024) Alternate 1 (Nov 2021) applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

Clause Number, Name, & Clause Date 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) 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, Suspended, or Proposed for Debarment. (Nov 2021) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) 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 (Nov 2021) 52.222-54, Employment Eligibility Verification (May 2022) 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) 52.222-41, Service Contract Labor Standards (Aug 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)

The following Federal Acquisition Regulation clauses also apply:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER CONTENT PAPER MAY 2011

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

52.242-13 BANKRUPTCY JUL 1995

52.252-2

CLAUSES INCORPORATED BY REFERENCE

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

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; $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

352.226-1 INDIAN PREFERENCE DEC 2015

352.226-2 INDIAN PREFERENCE PROGRAM DEC 2015

352.237-70 PRO-CHILDREN ACT DEC 2015

352.237-70 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

352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015

352.237-75 KEY PERSONNEL DEC 2015

352.226-5 NOTICE OF INDIAN ECONOMIC ENTERPRISE SET-

ASIDE

MAR 2022

(a) Definitions as used in this clause:

Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43 U.S.C. 1601-1629h.

Indian means a person who is an enrolled member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act.

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.

Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village or regional or village corporation under the Alaska Native Claims Settlement Act (Pub. L. 92-203, 85 Stat. 688; 43 U.S.C. 1601).

Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 326.606.

(b) General. (1) Under the Buy Indian Act, offers are solicited only from Indian Economic Enterprises.

(2) The CO will reject all offers received from ineligible enterprises.

(3) Any award resulting from this solicitation will be made to an Indian Economic Enterprise, as defined in paragraph (a) of this clause.

(c) Required submissions. In response to this solicitation, an offeror must also provide the following:

(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 352.226-6, Subcontracting Limitations clause; and

(2) Qualifications of the key personnel (if any) that will be assigned to the contract.

(d) Required assurance. The offeror must provide written assurance to the CO that the offeror is and will remain in compliance with the requirements of this clause. It must do this before the CO awards the Buy Indian Act contract and upon successful and timely completion of the contract, but before the CO accepts the work or product.

(e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause the CO to find an offer non-responsive and reject it.

(f) Eligibility.

(1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian Economic Enterprise ineligible for contracts awarded under the Buy Indian Act.

(2) If a contractor no longer meets the definition of an Indian Economic Enterprise Start Printed Page 2078 after award, the contractor must notify the CO immediately and in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that:

(i) The economic enterprise may be declared ineligible for future contract awards under this part; and

(ii) The CO may consider termination for default if it is in the best interest of the government.

(g) Representation. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (326.606). 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 Indian Economic Enterprises shall not be considered.

(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.

(End of clause)

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:

GSU-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.

(End of clause)

GSU-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)

GSU-03 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.

(End of Clause)

GSU-04 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.

(End of Clause)

GSU-05 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) Procedures.

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.

(End of Clause) Offers are due:

DATE: 10/31/2024

TIME: 5:00PM MST

LOCATION: Submit quotes via email to Teola Autaubo @ teola.autaubo@ihs.gov

For additional information or questions about the solicitation, contact Teola Autaubo at 928-674-7825, teola.autaubo@ihs.gov.

LIST OF ATTACHMENTS

- Performance Work Statement - License Practical Nurse Services - Outpatient Department - PWS No.

08-01 dated July 26, 2023

-IHS IEE Representation Form

-SCA Wage Determination No. 2015-5477, Revision 23

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Servic

Division of Acquisition Policy 5600 Fishers Lane

Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

IN

REPRESENTATION FORM

SOLICI ATION : _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian ” (HHSAR 326.60 ) in response to this olicitation and resultant contract.

The enterprise must meet the definition of “Indian ” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and 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.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian ” with “Indian Ownership” under the authority of the Buy Indian Act.

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5477 Daniel W. Simms Division of | Revision No.: 23 Director Wage Determinations| Date Of Last Revision: 12/26/2023

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.90 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Arizona

Area: Arizona Counties of Apache, Gila, Navajo

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.03*** 01012 - Accounting Clerk II 16.88*** 01013 - Accounting Clerk III 18.88 01020 - Administrative Assistant 25.36 01035 - Court Reporter 20.14 01041 - Customer Service Representative I 14.98*** 01042 - Customer Service Representative II 16.34*** 01043 - Customer Service Representative III 18.35 01051 - Data Entry Operator I 14.50*** 01052 - Data Entry Operator II 15.82*** 01060 - Dispatcher, Motor Vehicle 19.10 01070 - Document Preparation Clerk 16.03*** 01090 - Duplicating Machine Operator 16.03*** 01111 - General Clerk I 14.57*** 01112 - General Clerk II 15.90*** 01113 - General Clerk III 17.86

01120 - Housing Referral Assistant 22.45 01141 - Messenger Courier 13.56*** 01191 - Order Clerk I 14.70*** 01192 - Order Clerk II 16.03*** 01261 - Personnel Assistant (Employment) I 18.40 01262 - Personnel Assistant (Employment) II 20.58 01263 - Personnel Assistant (Employment) III 22.94 01270 - Production Control Clerk 30.79 01290 - Rental Clerk 15.03*** 01300 - Scheduler, Maintenance 18.01 01311 - Secretary I 18.01 01312 - Secretary II 20.14 01313 - Secretary III 22.45 01320 - Service Order Dispatcher 17.08*** 01410 - Supply Technician 25.36 01420 - Survey Worker 17.16*** 01460 - Switchboard Operator/Receptionist 14.69*** 01531 - Travel Clerk I 16.35*** 01532 - Travel Clerk II 16.62*** 01533 - Travel Clerk III 18.00 01611 - Word Processor I 16.03*** 01612 - Word Processor II 18.01 01613 - Word Processor III 20.14 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 21.80 05010 - Automotive Electrician 20.30 05040 - Automotive Glass Installer 19.42 05070 - Automotive Worker 19.42 05110 - Mobile Equipment Servicer 16.62*** 05130 - Motor Equipment Metal Mechanic 22.69 05160 - Motor Equipment Metal Worker 19.62 05190 - Motor Vehicle Mechanic 21.59 05220 - Motor Vehicle Mechanic Helper 15.12*** 05250 - Motor Vehicle Upholstery Worker 18.14 05280 - Motor Vehicle Wrecker 19.62 05310 - Painter, Automotive 22.12 05340 - Radiator Repair Specialist 19.58 05370 - Tire Repairer 15.81*** 05400 - Transmission Repair Specialist 21.59 07000 - Food Preparation And Service Occupations 07010 - Baker 14.46*** 07041 - Cook I 16.14*** 07042 - Cook II 18.62 07070 - Dishwasher 13.63*** 07130 - Food Service Worker 14.45*** 07210 - Meat Cutter 18.24 07260 - Waiter/Waitress 15.22*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 26.36 09040 - Furniture Handler 16.69*** 09080 - Furniture Refinisher 26.36 09090 - Furniture Refinisher Helper 19.76 09110 - Furniture Repairer, Minor 23.06 09130 - Upholsterer 26.36 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 13.56*** 11060 - Elevator Operator 14.90*** 11090 - Gardener 20.00 11122 - Housekeeping Aide 14.90*** 11150 - Janitor 14.90*** 11210 - Laborer, Grounds Maintenance 15.90*** 11240 - Maid or Houseman 13.84*** 11260 - Pruner 14.93*** 11270 - Tractor Operator 18.46 11330 - Trail Maintenance Worker 15.90***

11360 - Window Cleaner 15.86*** 12000 - Health Occupations 12010 - Ambulance Driver 17.23 12011 - Breath Alcohol Technician 26.29 12012 - Certified Occupational Therapist Assistant 36.07 12015 - Certified Physical Therapist Assistant 29.82 12020 - Dental Assistant 19.41 12025 - Dental Hygienist 44.74 12030 - EKG Technician 39.84 12035 - Electroneurodiagnostic Technologist 39.84 12040 - Emergency Medical Technician 17.23 12071 - Licensed Practical Nurse I 23.51 12072 - Licensed Practical Nurse II 26.29 12073 - Licensed Practical Nurse III 29.30 12100 - Medical Assistant 17.61 12130 - Medical Laboratory Technician 24.72 12160 - Medical Record Clerk 20.18 12190 - Medical Record Technician 22.57 12195 - Medical Transcriptionist 23.51 12210 - Nuclear Medicine Technologist 57.78 12221 - Nursing Assistant I 12.83*** 12222 - Nursing Assistant II 14.43*** 12223 - Nursing Assistant III 15.74*** 12224 - Nursing Assistant IV 17.68 12235 - Optical Dispenser 18.17 12236 - Optical Technician 23.51 12250 - Pharmacy Technician 19.48 12280 - Phlebotomist 21.02 12305 - Radiologic Technologist 33.01 12311 - Registered Nurse I 26.93 12312 - Registered Nurse II 33.08 12313 - Registered Nurse II, Specialist 33.08 12314 - Registered Nurse III 40.02 12315 - Registered Nurse III, Anesthetist 40.02 12316 - Registered Nurse IV 47.96 12317 - Scheduler (Drug and Alcohol Testing) 32.57 12320 - Substance Abuse Treatment Counselor 26.30 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 17.08*** 13012 - Exhibits Specialist II 21.08 13013 - Exhibits Specialist III 25.71 13041 - Illustrator I 18.79 13042 - Illustrator II 23.18 13043 - Illustrator III 28.27 13047 - Librarian 23.06 13050 - Library Aide/Clerk 15.62*** 13054 - Library Information Technology Systems 20.92 Administrator 13058 - Library Technician 15.74*** 13061 - Media Specialist I 15.03*** 13062 - Media Specialist II 16.81*** 13063 - Media Specialist III 18.75 13071 - Photographer I 14.99*** 13072 - Photographer II 17.27 13073 - Photographer III 21.32 13074 - Photographer IV 26.01 13075 - Photographer V 31.55 13090 - Technical Order Library Clerk 19.24 13110 - Video Teleconference Technician 17.22 14000 - Information Technology Occupations 14041 - Computer Operator I 19.54 14042 - Computer Operator II 21.85 14043 - Computer Operator III 24.36 14044 - Computer Operator IV 27.09 14045 - Computer Operator V 29.99

14071 - Computer Programmer I (see 1) 23.00 14072 - Computer Programmer II (see 1) 26.05 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 19.54 14160 - Personal Computer Support Technician 27.09 14170 - System Support Specialist 29.99 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 31.94 15020 - Aircrew Training Devices Instructor (Rated) 38.65 15030 - Air Crew Training Devices Instructor (Pilot) 46.33 15050 - Computer Based Training Specialist / Instructor 31.94 15060 - Educational Technologist 29.66 15070 - Flight Instructor (Pilot) 46.33 15080 - Graphic Artist 23.49 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 46.33 15086 - Maintenance Test Pilot, Rotary Wing 46.33 15088 - Non-Maintenance Test/Co-Pilot 46.33 15090 - Technical Instructor 31.89 15095 - Technical Instructor/Course Developer 38.99 15110 - Test Proctor 25.73 15120 - Tutor 25.73 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 18.28 16030 - Counter Attendant 18.28 16040 - Dry Cleaner 21.02 16070 - Finisher, Flatwork, Machine 18.28 16090 - Presser, Hand 18.28 16110 - Presser, Machine, Drycleaning 18.28 16130 - Presser, Machine, Shirts 18.28 16160 - Presser, Machine, Wearing Apparel, Laundry 18.28 16190 - Sewing Machine Operator 21.90 16220 - Tailor 22.78 16250 - Washer, Machine 19.26 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 27.94 19040 - Tool And Die Maker 34.36 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.80*** 21030 - Material Coordinator 30.79 21040 - Material Expediter 30.79 21050 - Material Handling Laborer 15.09*** 21071 - Order Filler 15.14*** 21080 - Production Line Worker (Food Processing) 16.80*** 21110 - Shipping Packer 18.14 21130 - Shipping/Receiving Clerk 18.14 21140 - Store Worker I 16.37*** 21150 - Stock Clerk 19.83 21210 - Tools And Parts Attendant 16.80*** 21410 - Warehouse Specialist 16.80*** 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 33.55 23019 - Aircraft Logs and Records Technician 26.25 23021 - Aircraft Mechanic I 31.91 23022 - Aircraft Mechanic II 33.55 23023 - Aircraft Mechanic III 35.28 23040 - Aircraft Mechanic Helper 22.48 23050 - Aircraft, Painter 30.00 23060 - Aircraft Servicer 26.25 23070 - Aircraft Survival Flight Equipment Technician 30.00 23080 - Aircraft Worker 28.12 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 28.12

I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 31.91

II

23110 - Appliance Mechanic 27.94 23120 - Bicycle Repairer 22.70 23125 - Cable Splicer 43.00 23130 - Carpenter, Maintenance 21.86 23140 - Carpet Layer 26.19 23160 - Electrician, Maintenance 37.00 23181 - Electronics Technician Maintenance I 26.19 23182 - Electronics Technician Maintenance II 27.94 23183 - Electronics Technician Maintenance III 29.72 23260 - Fabric Worker 24.45 23290 - Fire Alarm System Mechanic 29.72 23310 - Fire Extinguisher Repairer 22.70 23311 - Fuel Distribution System Mechanic 29.76 23312 - Fuel Distribution System Operator 22.73 23370 - General Maintenance Worker 17.91 23380 - Ground Support Equipment Mechanic 31.91 23381 - Ground Support Equipment Servicer 26.25 23382 - Ground Support Equipment Worker 28.12 23391 - Gunsmith I 22.70 23392 - Gunsmith II 26.19 23393 - Gunsmith III 29.72 23410 - Heating, Ventilation And Air-Conditioning 21.93 Mechanic 23411 - Heating, Ventilation And Air Contidioning 23.06 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 30.64 23440 - Heavy Equipment Operator 25.67 23460 - Instrument Mechanic 29.72 23465 - Laboratory/Shelter Mechanic 27.94 23470 - Laborer 15.09*** 23510 - Locksmith 27.94 23530 - Machinery Maintenance Mechanic 31.36 23550 - Machinist, Maintenance 25.37 23580 - Maintenance Trades Helper 19.41 23591 - Metrology Technician I 29.72 23592 - Metrology Technician II 31.25 23593 - Metrology Technician III 32.86 23640 - Millwright 29.72 23710 - Office Appliance Repairer 27.94 23760 - Painter, Maintenance 20.20 23790 - Pipefitter, Maintenance 24.56 23810 - Plumber, Maintenance 23.09 23820 - Pneudraulic Systems Mechanic 29.72 23850 - Rigger 29.72 23870 - Scale Mechanic 26.19 23890 - Sheet-Metal Worker, Maintenance 26.35 23910 - Small Engine Mechanic 26.19 23931 - Telecommunications Mechanic I 34.75 23932 - Telecommunications Mechanic II 36.54 23950 - Telephone Lineman 29.72 23960 - Welder, Combination, Maintenance 29.48 23965 - Well Driller 27.47 23970 - Woodcraft Worker 29.72 23980 - Woodworker 22.70 24000 - Personal Needs Occupations 24550 - Case Manager 15.97*** 24570 - Child Care Attendant 14.00*** 24580 - Child Care Center Clerk 18.47 24610 - Chore Aide 13.53*** 24620 - Family Readiness And Support Services 15.97*** Coordinator 24630 - Homemaker 18.38

25000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.29 25040 - Sewage Plant Operator 22.71 25070 - Stationary Engineer 27.29 25190 - Ventilation Equipment Tender 19.23 25210 - Water Treatment Plant Operator 22.71 27000 - Protective Service Occupations 27004 - Alarm Monitor 20.60 27007 - Baggage Inspector 16.32*** 27008 - Corrections Officer 20.41 27010 - Court Security Officer 21.11 27030 - Detection Dog Handler 18.25 27040 - Detention Officer 20.41 27070 - Firefighter 21.82 27101 - Guard I 16.32*** 27102 - Guard II 18.25 27131 - Police Officer I 25.69 27132 - Police Officer II 28.55 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 16.11*** 28042 - Carnival Equipment Repairer 17.45 28043 - Carnival Worker 13.15*** 28210 - Gate Attendant/Gate Tender 17.38 28310 - Lifeguard 13.21*** 28350 - Park Attendant (Aide) 19.43 28510 - Recreation Aide/Health Facility Attendant 14.18*** 28515 - Recreation Specialist 24.08 28630 - Sports Official 15.47*** 28690 - Swimming Pool Operator 20.13 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 29.40 29020 - Hatch Tender 29.40 29030 - Line Handler 29.40 29041 - Stevedore I 27.43 29042 - Stevedore II 31.33 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 43.76 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 30.18 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 33.23 30021 - Archeological Technician I 19.39 30022 - Archeological Technician II 21.68 30023 - Archeological Technician III 26.87 30030 - Cartographic Technician 26.87 30040 - Civil Engineering Technician 28.48 30051 - Cryogenic Technician I 29.75 30052 - Cryogenic Technician II 32.85 30061 - Drafter/CAD Operator I 19.39 30062 - Drafter/CAD Operator II 21.68 30063 - Drafter/CAD Operator III 24.17 30064 - Drafter/CAD Operator IV 29.75 30081 - Engineering Technician I 17.26 30082 - Engineering Technician II 19.39 30083 - Engineering Technician III 21.68 30084 - Engineering Technician IV 26.87 30085 - Engineering Technician V 32.85 30086 - Engineering Technician VI 39.75 30090 - Environmental Technician 26.87 30095 - Evidence Control Specialist 26.87 30210 - Laboratory Technician 30.84 30221 - Latent Fingerprint Technician I 27.55 30222 - Latent Fingerprint Technician II 30.42 30240 - Mathematical Technician 26.87 30361 - Paralegal/Legal Assistant I 21.60 30362 - Paralegal/Legal Assistant II 26.76 30363 - Paralegal/Legal Assistant III 32.74

30364 - Paralegal/Legal Assistant IV 39.60 30375 - Petroleum Supply Specialist 32.85 30390 - Photo-Optics Technician 26.87 30395 - Radiation Control Technician 32.85 30461 - Technical Writer I 26.87 30462 - Technical Writer II 32.85 30463 - Technical Writer III 39.75 30491 - Unexploded Ordnance (UXO) Technician I 27.81 30492 - Unexploded Ordnance (UXO) Technician II 33.65 30493 - Unexploded Ordnance (UXO) Technician III 40.34 30494 - Unexploded (UXO) Safety Escort 27.81 30495 - Unexploded (UXO) Sweep Personnel 27.81 30501 - Weather Forecaster I 29.75 30502 - Weather Forecaster II 36.18 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.17 Surface Programs 30621 - Weather Observer, Senior (see 2) 26.87 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 33.65 31020 - Bus Aide 11.97*** 31030 - Bus Driver 19.47 31043 - Driver Courier 19.21 31260 - Parking and Lot Attendant 15.44*** 31290 - Shuttle Bus Driver 18.39 31310 - Taxi Driver 14.36*** 31361 - Truckdriver, Light 20.82 31362 - Truckdriver, Medium 22.42 31363 - Truckdriver, Heavy 21.82 31364 - Truckdriver, Tractor-Trailer 21.82 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16.41*** 99030 - Cashier 13.93*** 99050 - Desk Clerk 13.37*** 99095 - Embalmer 28.19 99130 - Flight Follower 27.81 99251 - Laboratory Animal Caretaker I 15.87*** 99252 - Laboratory Animal Caretaker II 17.35 99260 - Marketing Analyst 27.59 99310 - Mortician 28.19 99410 - Pest Controller 23.25 99510 - Photofinishing Worker 14.62*** 99710 - Recycling Laborer 20.17 99711 - Recycling Specialist 24.28 99730 - Refuse Collector 18.16 99810 - Sales Clerk 14.53*** 99820 - School Crossing Guard 14.56*** 99830 - Survey Party Chief 32.05 99831 - Surveying Aide 19.30 99832 - Surveying Technician 27.21 99840 - Vending Machine Attendant 21.43 99841 - Vending Machine Repairer 26.78…