Scope_of_Work-RFP-19-PHX-04.pdf

RFP-19-PHX-04 Tribal Consultation and Urban Confer, PAO Pg. 1

1.0 Introduction

Phoenix Area Indian Health Service will facilitate an open and objective forum among the Tribes in the Phoenix Area to address federal, state and tribal health policy and budgetary implications that affect Indian Health Service, Tribal and urban Indian health programs. The Phoenix Area uses a Tribal Health Steering Committee (THSC) to examine regional resources and current conditions impacting the delivery of care and seeks information from Tribal organizations to improve the quality of services in order to reduce health disparities among American Indian and Alaska Native peoples.

The THSC is comprised of Tribal Leaders and representatives reflect the geographic and demographic diversity of the Tribes and their unique health care delivery challenges in the Phoenix Area. The committee will continue to be comprised of five (5) Nevada, five (5) Arizona, three (3) Utah, and one (1) urban Indian health program representatives. The Phoenix Area Director shall serve as a member of the THSC. All Tribal Leaders in the Phoenix Area and/or their representatives shall be invited to the THSC meetings.

2.0 Scope of Work

The Contractor shall provide quarterly, annual and/or ad hoc consultation coordination for the Phoenix Area Office (PAO), Indian Health Service (IHS) located in Phoenix, Arizona.

The Contractor shall provide the following:

a. Develop briefing documents and reports for each meeting, and assist IHS with meeting agenda topics to address health disparities of the Tribal communities served in the area.

b. With guidance from Phoenix Area senior leadership, monitor health notices, research issues within Tribal communities, engage Tribal health directors and leaders in an effort to prepare situational reports and health statistics.

c. Analyzing and report information on a regular basis.

d. Provide updates at quarterly meetings along with briefing documents.

e. Disseminate information to the THSC and other Tribal Leaders in the Phoenix Area, following the IHS tribal consultation policy; https://www.ihs.gov/tribalconsultation/

f. Reports will be provided that necessitate an assessment of a policy or budgetary impact as well as an administrative or regulatory action of the US Department of Health and Human Services (HHS) or the Indian Health Service (IHS).

g. Reports should include any policy changes or strategic initiatives at the HHS and/or IHS level.

h. Close coordination with the Phoenix Area IHS will be required in order to engage Tribal Leaders in consultation and the examination of the issue(s) in order to make recommendations.

i. Provide venue for consultation if Federal meeting space is unavailable by working with IHS Area Director the states of Arizona, Nevada, and Utah metropolitan areas.

j. Provide staff support, on every level, to the Phoenix Area IHS Leadership and the THSC.

2.1 Consultation:

The following describes a list of future activities and events that direct service and self-governance Tribes within the IHS Phoenix Area will participate in. Potential consultations include, but are not limited to:

a. Contractor shall provide Quarterly consultation on an annual basis in the months of September, December, March, and June.

b. Contractor shall provide annual consultation within the months of October, November, and December for Tribal consultation on Phoenix Area Budget Formulation purposes that impact the National Budget Formulation Workgroup held annually in Washington DC area. This consultation will produce the required documents for input on a national level. Documents required will be produced and submitted to the IHS by specified timeframes and deadlines outlined when guidance is available.

c. Contractor shall provide an additional conference room designated for ad hoc meeting during the schedule annual or quarterly meetings upon request of the Phoenix Area senior leadership. One annual ad hoc meeting may be requested when necessary or needed, under the discretion and direction of the COR.

2.2 Reports:

Contractor shall provide Quarterly, Annual and/or Ad Hoc reports for the following;

a. Provide an open and objective forum for Tribal Leaders and representatives to address American Indian/Alaska Native health concerns, policies, and IHS consultative matters as outlined by the IHS Area Director and other IHS Health Advisors.

https://www.ihs.gov/tribalconsultation/

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b. Report on the status of IHS appropriations and other budgetary matters, health initiatives, and planning for future consultation. Provide logistics and travel, prepare consultation materials, briefing materials, minutes and research to prepare presentations and/or resolutions. Monitor and disseminate information from a National IHS/HHS level, National Indian Health Board, and/or other pertinent organizations advising on health disparities for American Indians/Alaska Natives.

c. Materials, reports, and briefing documents will be prepared, submitted and disseminated within the specified timeframes and deadlines as directed by Phoenix Area Office or IHS HQTS.

d. Generate the appropriate input in the form of letters, resolutions, reports or briefing documents on the effect of these issues on Indian health care services nationally or specifically in the states of Arizona, Nevada, and Utah.

3.0 Travel:

The purpose of the travel will be to coordinate travel for Tribal Leaders and/or Representatives. Government estimates (2) two Tribal Representative per meeting.

3.1 The Contractor shall provide the following;

a. All travel arrangement for Tribal Health Steering Committee members and/or representatives

b. Arrangements such as airline, hotel, car rental, and transportation that is required for attendance.

c. Invoice in accordance with the price schedule and invoicing instructions.

3.2 The Contracting Officer Representative (COR) shall provide the following;

a. COR shall specify the travel dates and location for which local or domestic travel will be require, meeting locations is identified in the price schedule.

b. COR shall preapprove number of travelers and traveler.

c. COR shall be notified of all travel arrangements per meeting

4.0 Period of Performance

The contract period for base year and four (4), one (1) year options, if exercised. Each option year will have 12 month period of performance.

5.0 Pricing Schedule:

See attached Price Schedule for base and all options.

No. Description Qty UOM

1 1st Quarter Health Steering Committee Meeting 350 Hr.

2 2nd Quarter Health Steering Committee Meeting 350 Hr.

3 3rd Quarter Health Steering Committee Meeting 350 Hr.

4 4th Quarter Health Steering Committee Meeting 350 Hr.

5 Annual Budget Formulation Meeting 175 Hr.

6 Ad Hoc Consultation/Information Meeting 100 Hr.

7 Travel

6.0 Inspection and Acceptance:

This Quality Assurance Surveillance Plan (QASP) and Performance Based Matrix has been developed to evaluate contractor actions while implementing this Statement of Work. It is designed to provide an effective surveillance method of monitoring contractor performance for services under this contract. The QASP provides a systematic method to evaluate the services the contractor is required to furnish.

a. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance, to ensure the standards are achieved.

b. The contractor is required to develop a program of monitoring actions.

c. Surveillance to be done by established timelines, random and periodic government inspections.

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d. Deficiencies in timeliness must be corrected in the following thirty (30 days).

e. Deficiencies in peer review standard must be corrected by the next calendar quarter

7.0 Performance-Based:

The Government shall use the exercise of option periods as an incentives for meeting the performance matrix identified below.

Performance–Based Matrix No. Performance Matric Indicator Standard Quality Assurance

1 Quarterly Consultation Report; Develop briefing documents and reports for each meeting.

Within 30 days of quarterly meeting have topic, briefing documents, meet with pertinent IHS officials to review material and plan for upcoming consultation and urban confer

100% All consultation topics have been identified, briefing documents completed, meetings held with pertinent IHS officials to approve meeting topics, agenda, and briefing documents.

2 Annual Consultation Report; Develop briefing documents and reports for each meeting.

Within 30 days of annual meeting have topic, briefing documents, meet with pertinent IHS officials to review material and plan for upcoming consultation and urban confer

100% All consultation topics have been identified, briefing documents completed, meetings held with pertinent IHS officials to approve meeting topics, agenda, and briefing documents.

3 Ad Hoc Report; Develop briefing documents and reports for each meeting.

Within 30 days of ad hoc meeting have topic, briefing documents, meet with pertinent IHS officials to review material and plan for upcoming consultation and urban confer

100% All consultation topics have been identified, briefing documents completed, meetings held with pertinent IHS officials to approve meeting topics, agenda, and briefing documents.

8.0 Contract Administration:

Contracting Officer Representative (COR) shall be responsible for:

a. Monitoring the Contractor’s technical progress, including surveillance and assessment of performance

b. Interpreting scope of work

c. Performing technical evaluations required

d. Performing technical inspections and acceptances required by this contract

e. Monitoring funds available for obligation under this contract

f. Assisting the Contractor in the resolution of technical problems encountered during performance of this contract

In no event is the COR empowered to change any of the terms and conditions of the contract. Changes in the scope of work, contract price, quantity, and quality or delivery schedule shall be made only by the Contracting Officer by a properly executed modification to the contract. The designation of a COR does not authorize or provide a legal right to change any kind of contractual terms.

8.0 Invoicing Instructions:

Invoices shall be prepared with the following information CLEARLY identified on the invoice:

a. Invoice Date and Number

b. Contract Number

c. Charges for service or products identified BY LINE ITEM Number

d. Brief description of products or services rendered

e. Charges should follow Line Item structure on contract to include Quantity, Unit of Issue, Unit Price, and Total

Amount as applicable

f. Dates of Service

8.1 Electronic Invoicing:

Invoices shall be prepared and submitted electronically and in accordance with rates and terms as stated in the contract.

Invoices should be sent electronically to the following departments and addresses in the same e-mail:

a. Finance: _______________@ihs.govv mailto:_______________@ihs.govv

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For purposes of interest accrual and time of official receipt, Finance is designated as the point of receipt for the Government. Invoices shall be submitted electronically to the e-mail address listed above.

b. Acquisitions: _____________@ihs.gov A copy of the invoice should be sent electronically to the contract specialist(s) at the address listed above.

c. Service Unit Representatives: ______________@ihs.gov A copy of the Report and invoice should be sent electronically to the Service Unit Representative(s) at the address listed above.

L. INSTRUCTION TO OFFERORS:

RFP Submission Guidelines

PART 1: TECHNICAL PROPOSAL PREPARATION

Page Limit:

Limit to 10 pages including the cover page. Any pages in excess of 10 pages will not necessarily be evaluated.

Content:

a) Offerors must submit a technical narrative that describes a proven history with the Federal Recognized tribes in

Arizona, Nevada, and Utah.

b) Offerors must submit a technical narrative that describes their understanding of health disparities among American Indian/Alaska Native communities in the Southwest region of the United States.

c) Offerors must submit a technical narrative that describes proven ability to successfully monitor Federal, State, and local governments for law, regulation, and policies that impact the physical, mental, social and spiritual health of American Indian and Alaska Natives.

d) Offerors must submit a technical narrative that describes proven experience and success with providing working relationship with tribal leaders, representative, and health directors.

e) Offerors must submit a technical narrative that describes experience and meaningful communication with Tribes in an effort to achieve meeting outcomes. Communication formats include meetings, telephone conferences, and written or internet-based communication to exchange information as appropriate.

PART 2: PAST PERFORMANCE

Page Limit:

Limit to 10 pages including the cover page. Any pages in excess of 10 will not necessarily be evaluated.

Content:

Offerors must submit past performance that is current and relevant as defined below. Offerors may submit a maximum of 5 examples of their past performance with their offer. Past performance information should contain the following:

1. contract number and contract type

2. dollar value

3. contract award and completion dates

4. Description of the work and the relevancy, (include modalities managed)

5. Contact name and number for reference site.

Definitions:

• Current is defined as having been completed within the last 36 months from solicitation close date.

• Relevant is defined as any contract or subcontract valued at similar magnitude or greater for the same type of service, mailto:_____________@ihs.gov mailto:______________@ihs.gov

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• Same type of service is defined as service for the clinical interpretation of multi-modality images,

• Experience reflects whether the contractors have performed similar work before,

• Past performance describes how well contractors performed the work.

PART 3: PRICE PROPOSAL PREPARATION

Format:

A price schedule will be supplied with the solicitation. Price shall be inclusive of scope, travel, reporting requirement, other incidental expenses and government estimates (2) two Tribal Representative per meeting. Complete Price Schedule for base and all options.

Content:

The total price for the contract should be filled out completely with the total prices for the base and option years, identifying the price per services.

M. Evaluation Criteria Evaluation of offers received will be in accordance with provision 52.212-2 – Evaluation – Commercial Items as stated below:

Evaluation -- Commercial Items (OCT 2018)

(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. Technical:

Capability to provide the technical narrative proposed under content of the section 2.0, 2.1 and 2.2.

2. Past Performance:

Information must be submitted in accordance with 52.212-1 Instruction to Offerors – Commercial Items PPIRS and FAPIIS data will be reviewed

3. Price:

Technical and past performance, when combined, are significantly greater when compared to price.

Technical and Past Performance will be evaluated first, do not include price proposal in the Technical Proposal and Past Performance.

(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.

I. ADDENDUM TO CONTRACT CLAUSES:

52.203-3 GRATUITIES (APR 1984) (IAW FAR 3.202)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

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52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT.

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

352.201-70 PAPERWORK REDUCTION ACT (JAN 2006)

352.203-70 ANTI-LOBBYING (JAN 2006)

352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATIONS

(JAN 2010)

352.223-70 SAFETY AND HEALTH (JAN 2006)

352.227-70 PUBLICATIONS AND PUBLICITY (JAN 2006)

352.231-71 PRICING OF ADJUSTMENTS (JAN 2001)

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://farsite.hill.af.mil/ http://acquisition.gov/far

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

http://farsite.hill.af.mil/ http://acquisition.gov/far

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___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_ X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_ X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X _ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X _ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

X _ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

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X___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X _ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X _ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

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___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

X___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph

(e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Aug 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d) (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(G) 52.222–26, Equal Opportunity (Sep 2016) (E.O. 11246).

(H) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(I) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(J) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(K) 52.222–41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(L) ____ (1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(M) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(N) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).

(O) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(Q) 52.222-62, Paid sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(R) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3

(S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(T) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(U) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

TAXES

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42-5065 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), and 42-5159(A)(13)(a), (b), (c)

J. ATTACHMENTS:

Attachment A-Price Schedule

(U) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.