Combined Synopsis-Solicitation IHS1502478.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. IHS1502478 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 unrestricted under North American Industry Classification System (NAICS) code 561320 with an associated small business size standard of $34 million.

SCHEDULE OF ITEMS

CLIN

NO.

Service Type Description Estimated Quantity

Unit Price

Unit Price

Extended Price

1.1 Nonpersonal Service

Internal Medicine / Family Practice (IMFP) Physician services

All-Inclusive Regular/Overtime Hourly rate

2087 Hour $ $

1.2 Weeknight on-call shift

rate (flat rate 12 hours/shift)

1 Shift $ $

1.3 Weekend/Holiday on-

call shift rate (flat rate 24 hours/shift)

1 Shift $ $

2.1 Family Nurse

Practitioner / Physician Assistant (FNP/PA) services

All-Inclusive Regular/Overtime Hourly rate

2087 Hour $

The Navajo Area Indian Health Service, Chinle Comprehensive Health Care Facility (CCHCF) needs a contractor to provide Nonpersonal Service Internal Medicine/Family Practice (IMFP) Physician and/or Family Nurse Practitioner/Physician Assistant (FNP/PA) 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 3-month Base Period plus three 3-month option periods totaling 12 months. Tentative start date: 10/01/2025.

Base Period 3 months First Option Period 3 months Second Option Period 3 months Third Option Period 3 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.

(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 IMFP and/or FNP/PA 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

52.233-2 SERVICE OF PROTEST SEPT 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Chinle Comprehensive Health Care Facility, Attention: Tanya Begay, Supervisory Contract Specialist, Off Highway 191 & Hospital Drive, P.O. Drawer PH, Chinle, AZ 86503.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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

352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY NOTICE

DEC 2015

The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024) Alternate 1, 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

52.242-13 BANKRUPTCY JUL 1995

52.252-2

CLAUSES INCORPORATED BY REFERENCE

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

52.217-8 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.

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:

352.203-70 ANTI-LOBBYING DEC 2015

352.208-70 PRINTING AND DUPLICATION DEC 2015

352.224-70 PRIVACY ACT DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.226-2 INDIAN PREFERENCE PROGRAM 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

352.226-1 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.

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.

NAIHS-ACQ-03 ON-CALL OR STAND-BY SERVICES DEC 2020

One (1) qualified, security-cleared personnel in accordance with the technical requirements of the contract will be assigned to standby duty each week during the contract’s period of performance. Standby duty consists of a qualified personnel within reach of a telephone or pager so that an employee on standby may be notified to report for work in cases of emergency outside of regularly-scheduled working hours. Standby duty does not require any interruption of personnel’s normal life except to the extent of making arrangements so that the personnel can be reached by telephone or pager within a reasonable driving time from the place the employee normally reports for work. The standby personnel is expected to report to work within two (2) hours from the time the personnel was notified.

(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-10 CONTRACTOR PERFORMANCE ASSESSMENT SEP 2023

(a) Policy. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Government-wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/.

(b) Applicability. The contracting office will evaluate and document contractor performance for the following types of actions:

(1) Contracts and orders for supplies or services that exceed the simplified acquisition threshold;

(2) Construction contracts that exceed $750,000;

(3) Architect-engineer services contracts of $35,000 or more;

(4) Any contract action in (b)(1), (b)(2), or (b)(3) less than the aforementioned thresholds but a modification increases their value to exceed the thresholds; and

(5) Any termination for default for construction or architect-engineer services regardless of value.

(c) Procedures.

(1) The contracting office shall –

a. Assign responsibility and management accountability for the completeness of past performance submissions.

b. Generally provide for input to the evaluations from the technical office, contracting office, program management office, and where appropriate, quality assurance and end users of the product or service;

c. Identify and assign past performance evaluation roles and responsibilities to those individuals responsible for preparing and reviewing interim evaluations, if prepared, and final evaluations (e.g., contracting officers, contracting officer representatives, project managers, and program managers).

Those individuals identified may obtain information for the evaluation of performance from the program office, administrative contracting office, audit office, end users of the product or service, and any other technical or business advisor, as appropriate; and

d. Address management controls and appropriate management reviews of past performance evaluations, to include accountability for documenting past performance on CPARS.

(2) The evaluation should include a clear, non-technical description of the principal purpose of the contract or order. The evaluation should reflect how the contractor performed. The evaluation should include clear relevant information that accurately depicts the contractor’s performance, and be based on objective facts supported by program and contract or order performance data. The evaluations should be tailored to the contract type, size, content, and complexity of the contractual requirements.

(3) Evaluation factors for each assessment shall include, at a minimum, the following:

(a) Technical (quality of product or service).

(b) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

(c) Schedule/timeliness.

(d) Management or business relations.

(e) Small business subcontracting, including reduced or untimely payments to small business subcontractors when FAR 19.702(a) requires a subcontracting plan.

(e) Other (as applicable) (e.g., trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments, and failure to comply with limitations on subcontracting).

NAIHS-ACQ-18 COVERED ENTITIES AND BUSINESS ASSOCIATES

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 C 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)

(End of clause)

Offers are due:

DATE: 08/25/2025

TIME: 5:00PM 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 IMFP MED_PEDS Attachment B – Performance Work Statement FNPPA OPD Attachment C – Business Associate Agreement

HHS </> HIPAA Home </hipaa/index.html> For Professionals </hipaa/for-professionals/i…

Business Associate Contracts

SAMPLE BUSINESS ASSOCIATE AGREEMENT PROVISIONS

(Published January 25, 2013)

Introduction

A “business associate” is a person or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involve access by the business associate to protected health information. A “business associate” also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate. The HIPAA Rules generally require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information. The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of protected health information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. A business associate may use or disclose protected health information only as permitted or required by its

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F ee db ac k https://www.hhs.gov/ https://www.hhs.gov/hipaa/index.html https://www.hhs.gov/hipaa/for-professionals/index.html https://www.facebook.com/share.php?u=https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html&title=Business%20Associate%20Contracts https://x.com/intent/tweet?url=https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html&status=Business%20Associate%20Contracts+https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html mailto:?subject=Business%20Associate%20Contracts&body=Check%20out%20this%20site%20https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html https://www.hhs.gov/ business associate contract or as required by law. A business associate is directly liable under the HIPAA Rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of protected health information that are not authorized by its contract or required by law. A business associate also is directly liable and subject to civil penalties for failing to safeguard electronic protected health information in accordance with the HIPAA Security Rule.

A written contract between a covered entity and a business associate must: (1) establish the permitted and required uses and disclosures of protected health information by the business associate; (2) provide that the business associate will not use or further disclose the information other than as permitted or required by the contract or as required by law; (3) require the business associate to implement appropriate safeguards to prevent unauthorized use or disclosure of the information, including implementing requirements of the HIPAA Security Rule with regard to electronic protected health information; (4) require the business associate to report to the covered entity any use or disclosure of the information not provided for by its contract, including incidents that constitute breaches of unsecured protected health information; (5) require the business associate to disclose protected health information as specified in its contract to satisfy a covered entity’s obligation with respect to individuals' requests for copies of their protected health information, as well as make available protected health information for amendments (and incorporate any amendments, if required) and accountings; (6) to the extent the business associate is to carry out a covered entity’s obligation under the Privacy Rule, require the business associate to comply with the requirements applicable to the obligation; (7) require the business associate to make available to HHS its internal practices, books, and records relating to the use and disclosure of protected health information received from, or created or received by the business associate on behalf of, the covered entity for purposes of HHS determining the covered entity’s compliance with the HIPAA Privacy Rule; (8) at termination of the contract, if feasible, require the business associate to return or destroy all protected health information received from, or created or received by the business associate on behalf of, the covered entity; (9) require the business associate to ensure that any subcontractors it may engage on its behalf that will have access to protected health information agree to the same restrictions and conditions that apply to the business associate with respect to such information; and (10) authorize termination of the contract by the

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F ee db ac k covered entity if the business associate violates a material term of the contract.

Contracts between business associates and business associates that are subcontractors are subject to these same requirements.

This document includes sample business associate agreement provisions to help covered entities and business associates more easily comply with the business associate contract requirements. While these sample provisions are written for the purposes of the contract between a covered entity and its business associate, the language may be adapted for purposes of the contract between a business associate and subcontractor.

This is only sample language and use of these sample provisions is not required for compliance with the HIPAA Rules. The language may be changed to more accurately reflect business arrangements between a covered entity and business associate or business associate and subcontractor. In addition, these or similar provisions may be incorporated into an agreement for the provision of services between a covered entity and business associate or business associate and subcontractor, or they may be incorporated into a separate business associate agreement. These provisions address only concepts and requirements set forth in the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules, and alone may not be sufficient to result in a binding contract under State law. They do not include many formalities and substantive provisions that may be required or typically included in a valid contract.

Reliance on this sample may not be sufficient for compliance with State law, and does not replace consultation with a lawyer or negotiations between the parties to the contract.

Sample Business Associate Agreement Provisions

Words or phrases contained in brackets are intended as either optional language or as instructions to the users of these sample provisions.

Definitions

Catch-all definition:

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The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean [Insert Name of Business Associate].

(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean [Insert Name of Covered Entity].

(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

Obligations and Activities of Business Associate

Business Associate agrees to:

(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;

(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;

(c) Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;

[The parties may wish to add additional specificity regarding the breach notification obligations of the business associate, such as a stricter timeframe for the business associate to report a potential breach to the covered entity and/or whether the

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F ee db business associate will handle breach notifications to individuals, the HHS Office for Civil Rights (OCR), and potentially the media, on behalf of the covered entity.]

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;

(e) Make available protected health information in a designated record set to the [Choose either “covered entity” or “individual or the individual’s designee”] as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;

[The parties may wish to add additional specificity regarding how the business associate will respond to a request for access that the business associate receives directly from the individual (such as whether and in what time and manner a business associate is to provide the requested access or whether the business associate will forward the individual’s request to the covered entity to fulfill) and the timeframe for the business associate to provide the information to the covered entity.]

(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;

[The parties may wish to add additional specificity regarding how the business associate will respond to a request for amendment that the business associate receives directly from the individual (such as whether and in what time and manner a business associate is to act on the request for amendment or whether the business associate will forward the individual’s request to the covered entity) and the timeframe for the business associate to incorporate any amendments to the information in the designated record set.]

(g) Maintain and make available the information required to provide an accounting of disclosures to the [Choose either “covered entity” or “individual”] as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;

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[The parties may wish to add additional specificity regarding how the business associate will respond to a request for an accounting of disclosures that the business associate receives directly from the individual (such as whether and in what time and manner the business associate is to provide the accounting of disclosures to the individual or whether the business associate will forward the request to the covered entity) and the timeframe for the business associate to provide information to the covered entity.]

(h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and

(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

Permitted Uses and Disclosures by Business Associate

(a) Business associate may only use or disclose protected health information

[Option 1 – Provide a specific list of permissible purposes.]

[Option 2 – Reference an underlying service agreement, such as “as necessary to perform the services set forth in Service Agreement.”]

[In addition to other permissible purposes, the parties should specify whether the business associate is authorized to use protected health information to de-identify the information in accordance with 45 CFR 164.514(a)-(c). The parties also may wish to specify the manner in which the business associate will de-identify the information and the permitted uses and disclosures by the business associate of the de-identified information.]

(b) Business associate may use or disclose protected…