Provisions and Clauses.pdf

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far-overhaul;

http://www.acquisition.gov/hhsar/

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far-overhaul; http://www.acquisition.gov/hhsar/

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any _Health and Human Services Acquisition Regulation_(48 CFR Chapter_3_) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any _Health and Human Services Acquisition Regulation_ (48 CFR Chapter _3_) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

FAR 52.204-7 System for Award Management (DEVIATION) (NOV 2025) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (DEVIATION) (NOV 2025) FAR 52.217-5 Evaluation of Options (JUL 1990) HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (DEC 2015)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-13 System for Award Management Maintenance (DEVIATION) (NOV 2025) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEVIATION) (NOV 2025) FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION) (NOV 2025) FAR 52.219-28 Postaward Small Business Program Representation (DEVIATION) (NOV 2025) http://www.acquisition.gov/far-overhaul/ http://www.acquisition.gov/hhsar/ http://www.acquisition.gov/far-overhaul http://www.acquisition.gov/hhsar/

FAR 52.222-3 Convict Labor (DEVIATION) (NOV 2025) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION) (NOV 2025) FAR 52.222-41 Service Contract Labor Standards (DEVIATION) (NOV 2025) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) FAR 52.222-50 Combating Trafficking in Persons (DEVIATION) (NOV 2025) FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026 (DEVIATION) (NOV 2025)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (DEVIATION) (NOV 2025) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) HHSAR 352.226-1 Indian Preference (DEC 2015) HHSAR 352.239-74 Electronic and Information Technology Accessibility (DEC 2015)

PROVISIONS AND CLAUSES IN FULL TEXT

HHSAR 352.204-74 Supply Chain Risk Assessment (DEVIATION) (OCT 2024) HHSAR 352.226-4 Notice of Indian Small Business Economic Enterprise Set-Aside HHSAR 352.226-7 Indian Economic Enterprise Representation

FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) HHSAR 352.204-75 Supply Chain Risk Assessment During Contract Performance

(DEVIATION) (OCT 2024)

HHSAR 352.232-71 – Electronic submission of payment requests HHSAR 352.226-5 Notice of Indian Economic Enterprise Set-Aside HHSAR 352.226-6 Indian Economic Enterprise Subcontracting Limitations

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation.

Contracting officers will rely on representations from offers based on provisions in the solicitation.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

HHSAR 352.204-74 Supply Chain Risk Assessment (DEVIATION) (OCT 2024)

(a) Definitions. As used in this provision—

Contract means as defined in FAR 2.101.

Foreign person means as defined in 31 CFR 800.224.

Mission-critical acquisition means the acquisition of products, materials, information, or services that are identified as—

(1) Contract support or development services for HHS or OpDiv/StaffDiv research and development;

(2) Contract support or development services for HHS or OpDiv/StaffDiv financial databases and services;

(3) Contract support services that require utilization or sharing of HHS or OpDiv/StaffDiv Intellectual property;

(4) Contract services supporting HHS or OpDiv/StaffDiv continuity of operations (COOP) mission essential functions;

(5) Contract support services or development initiatives for HHS or OpDiv/StaffDiv critical infrastructure;

(6) An HHS or OpDiv/StaffDiv high-value/dollar acquisition; or

(7) Other acquisitions for critical assets or services as identified by OpDiv/StaffDiv leadership.

Office of National Security (ONS) means the HHS office responsible for the management, oversight, policy, guidance, and implementation of the HHS Enterprise Supply Chain Risk Management (E-SCRM) Program, including the conducting of supply chain risk assessments.

State-owned enterprise means a legal entity that is created by a government in order to partake in commercial activities on the government's behalf. A state-owned enterprise or government-owned enterprise is a business enterprise where the government or state has significant control through full, majority, or significant minority ownership.

Supply chain risk means the potential for harm or compromise that arises as a result of security risks from suppliers, their supply chains, and their products, materials, information, or services. Supply chain risks include exposures, threats, and vulnerabilities associated with the products and services traversing the supply chain as well as the exposures, threats, and vulnerabilities to the supply chain.

Supply chain risk assessment means a systematic examination of supply chain risks, likelihoods of their occurrence, and potential impacts.

Supply chain risk management (SCRM) means a systematic process for managing risk to the integrity, trustworthiness, and authenticity of products, materials, information, and services within the supply chain.

It addresses the activities of foreign and other adversaries aimed at compromising the supply chain, which may include the introduction of counterfeit or malicious items into the supply chain. It is conducted through identification of threats, vulnerabilities, and consequences throughout the supply chain and development of mitigation strategies to address the respective risks presented by the supplier, the supplied products, materials, information, and services, or the supply chain at any point during the life cycle.

(b) Supply chain risk assessment. The Office of National Security (ONS) or delegated designee may perform a supply chain risk assessment of the Offeror’s proposal. In performing the supply chain risk assessment, the Government may consider public and non-public information relating to the Offeror’s supply chain.

(c) Required information submittal. The Offeror shall provide the following information for products, materials, information, or services provided under their proposal:

(1) Description of the type of products, materials, information, or services provided.

(2) Vendor and manufacturer’s company, if applicable, including name and address.

(3) If known, vendor’s and manufacturer’s web site, and the Commercial and Government Entity (CAGE) code and Unique Entity Identifier (UEI).

(d) Representations. The Offeror represents that—

(1) It [ ] does, [ ] does not have any foreign ownership, outside of retail shareholders, who control more than 10% of the company’s total shares. If yes, identify the legal name of the owning organization/individual and their country of affiliation.

(2) It [ ] does, [ ] does not have any of the following business affiliations with foreign entities: technology development partnerships, strategic partnerships, joint ventures, foreign subsidiaries, grants from a foreign entity. If yes, identify the legal name of the organization, its foreign address, and the nature of the relationship.

(3) It [ ] does, [ ] does not have any foreign governments, or state-owned enterprises that have investments or ownership interest in the company. If yes, identify the foreign government, the ownership stake percentage, and the nature of the relationship.

(4) The company leadership (C-Suite executives, Board members, etc.) [ ] does, [ ] does not have any substantial ties to foreign countries, including being citizens of a foreign country, graduates of a foreign university, or investments in a foreign country. If yes, identify the individual, the nature of the tie, and the country they are tied to.

(5) It [ ] has, [ ] has not violated export controls or the Foreign Corrupt Practices Act within 5 years. If yes, enter the event, the date, and any remediation the company committed after the event.

(6) It [ ] has, [ ] has not been prohibited from doing business with the government of the US or any of its administrative subdivisions to include agencies, states, territories or municipalities. If yes, enter the event, the date, and any remediation the company committed after the event.

(7) It [ ] has, [ ] has not been prohibited from doing business with any foreign governments or subdivisions thereof. If yes, enter the event, the date, and any remediation the company committed after the event.

(8) It [ ] has had, [ ] has not had affiliations with any entities prohibited (e.g.

Huawei, see SAM.gov “exclusions” page for additional information regarding prohibited entities) from doing business with the government of the US or any of its administrative subdivisions to include agencies, states, territories or municipalities? If yes, enter the event, the date, and any remediation the company committed after the event.

(9) It [ ] has, [ ] has not been suspended or debarred at any point while doing business with the U.S.

Government or any of its administrative subdivisions to include agencies, states, territories or municipalities. If yes, enter the event, the date, and details below.

(10) It [ ] has previously filed for or is currently in, [ ] has not previously filed for or is not currently in bankruptcy in the last 10 years. If yes, enter the event, the date, and details below.

(11) It [ ] was or is currently in, [ ] was not or is not currently in litigation in the last 10 years. If yes, enter the event, the date, and details below.

(e) Supply chain risk determination. Findings from the supply chain risk assessment will be considered in connection with a determination of the Offeror’s responsibility and eligibility for award. Failure of the Offeror to furnish the information required in this provision or provide additional information as requested by the Contracting Officer may render the Offeror non-responsible and ineligible for award.

The Government reserves the right to limit the disclosure of information to the Offeror regarding the risk in accordance with all applicable laws or regulations.

(f) Mitigation plans. Any mitigation plans and amendments determined necessary and to be implemented and sustained during contract performance will be incorporated into the contract.

(g) Subcontracts. The Offeror shall include the substance of this provision, including the information and representations at paragraphs (c) and (d), and including this paragraph (g), in subcontracts with persons or entities proposed to be used involving the development or delivery of any mission-critical products, materials, information, or services. The Offeror shall submit all potential subcontractor information and representations with its proposal for any mission-critical products, materials, information,or services provided for in the proposal.

HHSAR 352.226-4 Notice of Indian Small Business Economic Enterprise Set-Aside

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR § 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website (www.IHS.gov/DAP), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

HHSAR 352.226-7 Indian Economic Enterprise Representation

(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.

FAR 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 _5 days_ .

FAR 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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30_ 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 __5 years and 6 months__).

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond _10/31/2026_. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _10/31/2026_, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

HHSAR 352.204-75 Supply Chain Risk Assessment During Contract Performance (DEVIATION)

(OCT 2024)

(a) Definitions. As used in this clause—

Contract means as defined in FAR 2.101.

Foreign person means as defined in 31 CFR 800.224.

Mission-critical acquisition means the acquisition of products, materials, information, or services that are identified as—

(1) Contract support or development services for HHS or OpDiv/StaffDiv research and development;

(2) Contract support or development services for HHS or OpDiv/StaffDiv Financial databases and services;

(3) Contract support services that require utilization or sharing of HHS or OpDiv/StaffDiv Intellectual property;

(4) Contract services supporting HHS or OpDiv/StaffDiv continuity of operations (COOP) mission essential functions;

(5) Contract support services or development initiatives for HHS or OpDiv/StaffDiv critical infrastructure;

(6) An HHS or OpDiv/StaffDiv high-value/dollar acquisition; or

(7) Other acquisitions for critical assets or services as identified by OpDiv/StaffDiv leadership.

Office of National Security (ONS) means the HHS office responsible for the management, oversight, policy, guidance, and implementation of the HHS Enterprise Supply Chain Risk Management (E-SCRM) Program, including the conducting of supply chain risk assessments.

State-owned enterprise means a legal entity that is created by a government in order to partake in commercial activities on the government's behalf. A state-owned enterprise or government-owned enterprise is a business enterprise where the government or state has significant control through full, majority, or significant minority ownership.

Supply chain risk means the potential for harm or compromise that arises as a result of security risks from suppliers, their supply chains, and their products, materials, information, or services. Supply chain risks include exposures, threats, and vulnerabilities associated with the products and services traversing the supply chain as well as the exposures, threats, and vulnerabilities to the supply chain.

Supply chain risk assessment means a systematic examination of supply chain risks, likelihoods of their occurrence, and potential impacts.

Supply chain risk management (SCRM) means a systematic process for managing risk to the integrity, trustworthiness, and authenticity of products, materials, information, and services within the supply chain.

It addresses the activities of foreign and other adversaries aimed at compromising the supply chain, which may include the introduction of counterfeit or malicious items into the supply chain. It is conducted through identification of threats, vulnerabilities, and consequences throughout the supply chain and development of mitigation strategies to address the respective risks presented by the supplier, the supplied products, materials, information, and services, or the supply chain at any point during the life cycle.

(b) Supply chain risk assessment. The Office of National Security (ONS) or delegated designee may perform a supply chain risk assessment of the Contractor. In performing the supply chain risk assessment, the Government may consider public and non-public information relating to the Contractor’s supply chain.

(c) Updated information and representations. If requested by the Contracting Officer, or if there are any changes to the information or representations the Contractor has submitted prior to award or during contract performance, the Contractor must submit to the Contracting Officer the information and representations in paragraphs (d) or (e).

(d) Required information submittal. The Contractor shall provide the following information for products, materials, information, or services provided during contract performance:

(1) Description of the type of products, materials, information, or services provided.

(2) Vendor and manufacturer’s company, if applicable, including name and address.

(3) If known, vendor’s and manufacturer’s web site, and the Commercial and Government Entity (CAGE) code and Unique Entity Identifier (UEI).

(e) Representations. The Contractor represents that—

(1) It [ ] does, [ ] does not have any foreign ownership, outside of retail shareholders, who control more than 10% of the company’s total shares. If yes, identify the legal name of the owning organization/individual and their country of affiliation.

(2) It [ ] does, [ ] does not have any of the following business affiliations with foreign entities: technology development partnerships, strategic partnerships, joint ventures, foreign subsidiaries, grants from a foreign entity. If yes, identify the legal name of the organization, its foreign address, and the nature of the relationship.

(3) It [ ] does, [ ] does not have any foreign governments, or state-owned enterprises that have investments or ownership interest in the company. If yes, identify the foreign government, the ownership stake percentage, and the nature of the relationship.

(4) The company leadership (C-Suite executives, Board members, etc.) [ ] does, [ ] does not have any substantial ties to foreign countries, including being citizens of a foreign country, graduates of a foreign university, or investments in a foreign country. If yes, identify the individual, the nature of the tie, and the country they are tied to.

(5) It [ ] has, [ ] has not violated export controls or the Foreign Corrupt Practices Act within 5 years. If yes, enter the event, the date, and any remediation the company committed after the event.

(6) It [ ] has, [ ] has not been prohibited from doing business with the government of the US or any of its administrative subdivisions to include agencies, states, territories or municipalities. If yes, enter the event, the date, and any remediation the company committed after the event.

(7) It [ ] has, [ ] has not been prohibited from doing business with any foreign governments or subdivisions thereof. If yes, enter the event, the date, and any remediation the company committed after the event.

(8) It [ ] has had, [ ] has not had affiliations with any entities prohibited (e.g. Huawei, see SAM.gov “exclusions” page for additional information regarding prohibited entities) from doing business with the government of the US or any of its administrative subdivisions to include agencies, states, territories or municipalities? If yes, enter the event, the date, and any remediation the company committed after the event.

(9) It [ ] has, [ ] has not been suspended or debarred at any point while doing business with the U.S.

Government or any of its administrative subdivisions to include agencies, states, territories or municipalities. If yes, enter the event, the date, and details below.

(10) It [ ] has previously filed for or is currently in, [ ] has not previously filed for or is not currently in bankruptcy in the last 10 years. If yes, enter the event, the date, and details below.

(11) It [ ] was or is currently in, [ ] was not or is not currently in litigation in the last 10 years. If yes, enter the event, the date, and details below.

(f) Supply chain risk determination. Findings from the supply chain risk assessment will be considered in connection with a determination of the Contractor’s eligibility to continue performance on the contract.

The Government reserves the right to limit the disclosure of information to the Offeror regarding the risk in accordance with all applicable laws or regulations.

(g) Mitigation plans. Any mitigation plans and amendments determined necessary and to be implemented and sustained during contract performance will be incorporated into the contract.

(h) Subcontracts. The Contractor shall include the substance of this clause, including the information and representations in paragraphs (d) and (e), and this paragraph (h), in subcontracts with persons or entities involved the development or delivery of any missioncritical products, materials, information, or services.

The Contractor shall submit all subcontractor information and representations with its proposal for any additional mission-critical products, materials, information, or services during performance of the contract.

(End of clause)]

HHSAR 352.232-71 – Electronic submission of payment requests

(a) Definitions. As used in this clause -

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system.

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

Addendum:

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

All invoice submissions for goods and/or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the FAR clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

https://www.ipp.gov/

The Department of Treasury will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive a registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3-5 business days of the contract award for new contracts or date of modification for existing contracts.

Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973-3131.

The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

If your company is already registered to use IPP, you will not be required to re-register.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional IHS Invoice Requirements:

(i) The contractor shall submit invoices under this contract once per month or as specified in the payment schedule. For indefinite delivery vehicles, separate invoices must be submitted for each order.

(ii) Invoices must break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract.

(iii) Invoices must include the Unique Entity Identifier Number (UEI) of the Contractor.

(iv) Invoices that include time and materials or labor hours CLINS must include supporting documentation to:

(1) substantiate the number of labor hours invoiced for each labor category, and

(2) substantiate material costs incurred (when applicable).

(v) Invoices that include cost-reimbursement CLINS must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum, the following cost information shall be included, in addition to supporting documentation to substantiate cost incurred:

– Direct Labor – include all persons, listing the person’s name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

- Indirect Cost (i.e., Fringe Benefits, Overhead, General and Administrative, Other

Indirects) – show rate, base and total amount;

- Consultants (if applicable) – include name, number of days or hours worked, daily or hourly rate, and total amount per consultant;

- Travel – include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

- Subcontractors (if applicable) – include, for each subcontractor, the same data as required for the prime contractor;

- Other Direct Costs – include a listing or all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

- Fee – amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

HHSAR 352.226-5 Notice of Indian Economic Enterprise Set-Aside

(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 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.

HHSAR 352.226-6 Indian Economic Enterprise Subcontracting Limitations

(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.