RFQ-20-149.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355) & FAR 37.4, Non-Personal Health Care Services Contract (10 U.S.C. 2304 and 41 U.S.C 253). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm Fixed-Price, Non-Personal Healthcare Service, Indefinite Delivery/Indefinite Quantity Contract in response to Request for Quote (RFQ) RFQ-20-149.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07.

D. This RFQ is an Unrestricted solicitation and the associated NAICS Code is 561320, which has a small business standard of

$30.0.

E. The quoted unit pricing must be “all inclusive” (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the attached Price Schedule.

1. Base Year: July 27, 2020 thru July 26, 2021, totaling $__________.

2. Option Year One: July 27, 2021 thru July 26, 2022, totaling $__________.

3. Option Year Two: July 27, 2022 thru July 26, 2023, totaling $_________.

4. Option Year Three: July 27, 2023 thru July 26, 2024, totaling $_________.

F. Provide Five (5) Certified CT Technologists and Two (2) Registered ARDMS US Technologists.

G. See attached Statement of Work. Services will be provided for the Rosebud Indian Health Service, 400 Soldier Creek Road, Rosebud, South Dakota. The period of performance will be July 27, 2020 through July 26, 2021 with Three (3) Option Years.

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2020).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-20-149;

2. Closing Date: July 24 at 12:00 pm CST;

3. Name, address and telephone number of company and email address of contact person;

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary;

5. Price and any discount;

6. “Remit to” address, if different than mailing address;

7. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

8. Acknowledgment of Solicitation Amendments (if any issued);

9. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);

10. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

In addition, Contractors shall provide the following:

• Shall meet the Specifications of Services and Procedure Guidance in the Statement of Work and provide copies of the required documents (if needed).

I. FAR 52.212-2 Evaluation – Commercial Items (October 2014) – See attachment for full text.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Items (June 2020). See attachment for full text.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (October 2018). Applied to this acquisition and it’s incorporated by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Items (July 2020). See attachment for full text.

M. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable including below.

N. Submit quote to:

Great Plains Area Indian Health Service Attn: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 Or fax to 605-226-7669 or email wenda.wright@ihs.gov

Questions in regards to this solicitation shall be submitted in writing by either email, fax or mail no later than July 23, 2020, 12:00pm CST.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

http://www.acquisition.gov/ mailto:wenda.wright@ihs.gov

STATEMENT OF WORK

FOR

RADIOLOGIC TECHNOLOGIST (CT CERTIFIED) AND SONOGRAPHY TECHNOLOGIST

A. Purpose of Contract:

The Rosebud Comprehensive HealthCare Facility needs 5 certified CT Technologists and 2 Registered ARDMS US Technologists to provide 24/7 CT and US coverage. Must be certified per Joint Commission Standard.

The purpose of the acquisition is to enter into a non-personal services contract with a Registered Diagnostic Radiologic Technologist that is certified in CT and US, as authorized by Administrative Provisions of Public Law 103332 and FAR Part 37, Health and Human Services Acquisition Regulation (HHSAR) Part 337 and IHS Supplementary Contracting Provisions. Contract will be one (1) year from the Date of Award with four (3) one (1) year option periods.

This position is Located at the 35 bed PHS Indian Hospital in Rosebud, South Dakota. The Contract Radiology Staffing shall provide in-house Radiologic services under the direction of the Supervising Diagnostic Radiologic Technologist.

B. Work Schedule:

Provides Diagnostic Radiologic exams (including X-Ray, CT, and US) in a safe and careful manner in keeping with capabilities of facility including policy and procedures and formality. The Contract Radiology Staffing Group will provide services in accordance with the Radiology staffing needs and requirements. Therefore, the Contract Radiology Staffing Group will only be permitted to work a maximum of 40 hours per during each week, INCLUDING NIGHT AND WEEKEND SHIFTS. If there is a great need or emergency and the Contract Technologist is needed outside the above schedule, it will be the Radiology Supervisor and Contracting Officer's decision and approval of extra time.

C. CONTRACTING OFFICER REPRESENTATIVE (COR):

The Contracting Officer's Representative representing the Government, for the purpose of this contract, will be the Supervisory Diagnostic Radiologic Technologist, PHS Hospital Box 400, Rosebud, South Dakota 57570 (605-747-0511).

The Contracting Officers Representative is responsible for:

a). Monitoring the Technologist's technical progress, including surveillance and assessment of performance and recommending to the Contracting Officer of any changes in the requirements and amounts of deduction due to the failure of the technologist to perform.

b). Interpret the Scope of Work within limits of the Agreement.

c). Performing technical evaluation as required.

d). Performing technical inspections and acceptance by this contract.

D. REFERENCE MATERIAL:

The Technologist shall be required to perform services in accordance with the policies and procedures and the bylaws of the Radiology department of the Rosebud Comprehensive

Health Care Facility. Copies of these items are available upon request to the Supervising Diagnostic Radiologic Technologist at 605-747-0511.

The Technologist shall also be required to perform services in compliance with applicable standards of the Joint Commission, which are available to the general public and to the Professional Services Policies of the IHS Manual which is available from the Contracting Officer.

E. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES AND PROPERTY

The Government will provide the facilities and available equipment of the Rosebud Comprehensive Healthcare Facility for the use by the Technologist for providing Diagnostic Radiologic services required under this agreement.

F. OTHER FACTORS:

Technologist shall be required to develop familiarity and abide by current policies and procedures and bylaws of radiology staff for the Rosebud Comprehensive Healthcare Facility. These are available upon request from the Supervising Diagnostic Radiologic Technologist.

G. MINAMUM PROFESSIONAL QUALIFICATIONS CRITERIA:

To be considered for contract, the Technologist must comply with the following professional qualifications.

1. Technologist must be certified by the American Registry of Radiologic

Technologists (ARRT) and maintain the specialty credentials Computed Tomography

(CT certified), and Sonography(S Registered). May utilize specialty credentials of

Magnetic Resonance Imaging (MRI) or Mammography (M) if needed.

Or

2. Technologist must be credentialed by the American Registry of Diagnostic

Medical Sonographers (ARDMS).

Evidence must be provided to Contracting Officer prior to the award of the agreement.

H. PAYMENT SCHEDULE:

Payment shall be made by Great Plains Area Indian Health Service Office upon submission by the Contractor of the appropriate authorization form and required invoices.

1. The estimated cost shall be based on the established fee schedule agreed upon

2. The contractor shall submit an original copy to Great Plains Area Indian Health Service and second copy to the Project Officer.

3. The contractor agrees to include the following information:

a. Contractor’s name and invoice date

b. Contract number

c. Description, cost or price and quantity of property and/or service actually delivered or rendered.

d. Other substantiating document or information as required by the contract

e. Name, Title, phone number and complete mailing address of responsible official to whom payment is be sent.

4. Payments under this contract will be due on the 30th calendar day after the date of actual receipt of a proper invoice in the office designated to receive the invoice.

5. The date of the check issued or date of payment by wire transfer through the Treasury

Financial Communication System shall be considered to be date payment is made. Subject to Prompt Payment Act.

I. QUALITY ASSURANCE:

Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. Performance based incentives are consistent with the intent and purpose of the contract are outlined below.

1. Contractor provides Radiologic Technologist 5 (CT) and 2 (US) services

2. Contractor adheres to work duties and schedule for shift.

3. Contractor adheres to compliance with all hospital policy and procedures including HIPP, Infection Control and Safety.

4. Contractor complies with Joint Commission Regulatory guidelines and ACR for the examinations in Radiology.

J. PRIVACY ACT:

Services under this contract are to be performed in accordance with the requirements and provision of PL 93-579, December 31, 1974 (5 U.S. C. 522a) and applicable agency regulations.

K. CHARACTER INVESTIGATION FOR CONTRACTORS WHO WILL HAVE CONTACT WITH INDIAN CHILDREN:

The contractor will be required to complete all background investigation forms, provided by the Contracting and Background Department.

L. REQUIRED MALPRACTICE INSURANCE:

The Contractor must have Malpractice insurance during the length of the contract.

M. COMPLIANCE WITH I.H.S. RULES AND REGULATIONS:

Check OIG Excluded List- No contract award shall be made to any vendor or provider listed on the OIG Exclusion List.

The Unit price is an all-inclusive cost. All-inclusive cost is defined to include travel, lodging, per die, fringe benefits, i.e. life insurance, social security, federal, state and local taxes, plus all other cost pertinent to the performance to the performance of this purchase order.

The Government reserves the right to accept or reject services if the level of work is unsatisfactory.

N. ANY SPECIAL REQUIREMENTS: Maintain Certification in CT and US during contract.

O. PROJECT OFFICER:

Tricia Morrison

(A) Radiology Supervisor 605-747-0514

Special General Memorandum (SGM) No 2015-03 Mandatory Seasonal Influenza Immunizations for Civilian Health Care Personnel Working in Indian Health Service Health Care Facilities

The purpose of this Special General Memorandum is to add seasonal influenza immunization to the list of required vaccinations for civilian health care personnel working in Indian Health Service (IHS) health care facilities. Influenza vaccination for health care facility staff and licensed independent practitioners is a major patient safety issue in the United States and is an important component of comprehensive infection control programs.

All Civil Service employees, contract staff, temporary employees, students, and volunteers, who work in an IHS health care facility, must receive a seasonal influenza vaccination by October 31 of each year or have on file a valid medical exemption for vaccination signed by a licensed independent practitioner. Commissioned Corps Officers of the United States Public Health Service (PHS) are already required to obtain their annual seasonal influenza immunization (per Manual Circular - Commissioned Corps Personnel - PHS No. 377, Subchapter CC26.1 Instruction 8, and PHS Readiness Standards).

1. Individuals with a valid medical exemption for vaccination will be required to wear a mask provided by IHS during the influenza season (November 1 through March 31) and during other periods of increased influenza activity as defined by the Centers for Disease Control and Prevention and/or State public health authorities.

2. All employees, contract staff, temporary employees, students, and volunteers, must be provided access to influenza vaccinations at no charge.

PRICE SCHEDULE

Rosebud IHS Hospital, Rosebud, South Dakota

Computed Tomography/Radiologic Technician and Sonography Services

BASE YEAR:

ITEM # DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Five (5) Computed Tomography/Radiologic

Technicians

10,400 (40 Hours X 52 weeks X 5)

Hours $ ___________ $ ___________

2. Two (2) Sonographers 4160 (40 Hours X 52 Weeks X 2)

Hours $_________ $____________

3. On Call, Call Back, and Orientation

1440 Hours $________ $____________

GRAND TOTAL FOR BASE YEAR: $ ___________

OPTION YEAR ONE (1):

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Five (5) Computed Tomography/Radiologic

Technicians

10,400 (40 Hours X 52 weeks X 5)

Hours $ ___________ $ ___________

2. Two (2) Sonographers 4160 (40 Hours X 52 Weeks X 2)

Hours $_________ $____________

3. On Call, Call Back, and Orientation

1440 Hours $________ $____________

GRAND TOTAL FOR OPTION YR ONE

(1):

OPTION YEAR TWO (2):

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Five (5) Computed Tomography/Radiologic

Technicians

10,400 (40 Hours X 52 weeks X 5)

Hours $ ___________ $ ___________

2. Two (2) Sonography Technologists

4160 (40 Hours X 52 Weeks X 2)

Hours $_________ $____________

3. On Call, Call Back, and Orientation

1440 Hours $________ $____________

GRAND TOTAL FOR OPTION YR

TWO (2):

OPTION YEAR THREE (3):

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Five (5) Computed Tomography/Radiologic

Technicians

10,400 (40 Hours X 52 weeks X 5)

Hours $ ___________ $ ___________

2. Two (2) Sonographers 4160 (40 Hours X 52 Weeks X 2)

Hours $_________ $____________

3. On Call, Call Back, and Orientation

1440 Hours $________ $____________

GRAND TOTAL FOR OPTION YR

THREE (3):

GRAND TOTAL

FOR BASE + THREE (3) OPTION YEARS: $ _______________________

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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:

(b) Problem and Approach

(c) Past Performance

(d) Key Personnel

(e) Management

The Contractor’s technical capability and relevant past performance when combined, are more important than price for the purposes of quote evaluation. The Government is more concerned with obtaining technical capability and past performance, than in making an award to the firm with the lowest overall price to the Government. The Government intends to make a single award for the requirement as written in the Statement of Work.

Technical Factor Rating Definitions

ADJECTIVAL RATINGS DESCRIPTION

Outstanding Greatly exceeds all minimum requirements of the criteria; has a high probability of success; contains no weaknesses or deficiencies.

Good Exceeds all the minimum requirements of the criteria; has an above average probability of success; contains no significant weaknesses and only minor correctable weaknesses exist.

Acceptable Meets all the minimum requirements of the criteria; has an average probability of success; and no significant weaknesses and no deficiencies.

Marginal Fails to meet one or more of the minimum requirements of the criteria;

low probability of success; major weaknesses and/or significant number of deficiencies exists.

Unacceptable Fails to meet any of the minimum requirements of the criteria;

proposal needs major revisions; very low probability of success.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399

These evaluation factors are of prime importance. A Marginal or Unacceptable rating in any of these factors shall be considered sufficient grounds for declaring the entire proposal unacceptable.

Information not contained in an offeror’s quote will not be considered during the evaluation. The Government intends to make award selection without discussions, but may determine after evaluating offers submitted that discussions are necessary and conduct them as appropriate. The Government reserves the right to make no award if no offers meet the requirements of this solicitation.

Factor #1: PROBLEM AND APPROACH

Proposals, which merely offer a statement to conduct/provide services in accordance with the requirements in the Government’s Statement of Work will not be eligible for award.

The offeror must submit an explanation of their understanding of the proposed technical approach in completing all tasks in the Statement of Work including, but not limited to, all elements in the description of services. The plan must include how the requirements in the character investigation shall be accomplished to ensure compliance prior to candidate placement.

The detailed work plan must indicate how each aspect of the Statement of Work is to be accomplished.

The technical approach should be detailed to fully explain the proposed technical requirements in the Statement of Work, and reflect a clear understanding of the nature of the work being undertaken.

Factor #2: PAST PERFORMANCE

The technical proposal must include a listing of similar Radiology service contracts, similar contracts with IHS, Government and/or commercial, awarded to the offeror. The similar contracts must contain the same type of technologist requirements outlined in the Statement of Work. The offeror must demonstrate its record of successful performance in past contracts by including the following information for each contract:

a. Identify the one contract, which you consider to be the most successful, and the reasons for this determination.

b. Identify other similar contracts and indicate your record of performance.

c. In the event your firm did not have contracts, which meet the Statement of Work requirements of this solicitation, list up to five other contracts, which you deem similar.

d. For each of the above contracts, furnish the name, address and telephone number of the contracting organization, a point of contact in the organization, the contract number, dollar value, and dates of contract performance.

Factor #3: KEY PERSONNEL

The technical proposal must include a list of professional personnel that will be assigned to this project and at least TWO contract CT/US Technologist candidates who are qualified to perform the duties listed as defined in the contract provider responsibilities in the SOW. Curriculum vitae/resume must be submitted for the professional personnel and the CT/US candidate.

Factor #4: MANAGEMENT

The technical proposal, at a minimum, must include the following information in sufficient detail to allow a complete analysis of the offeror’s management capabilities and responsibility.

a. Evidence of capability to organize, staff and manage the contract.

b. Financial capability statement completed by a qualified personnel, including: core competencies, differentiators, corporate data, contact information, etc. to meet the needs outlined in the Scope of Work.

c. Capability to meet delivery or performance schedules to provide seamless coverage.

d. Possession of necessary experience and technical skills to perform the work, or the ability to obtain them.

Factor #5: PRICE

The Price submission will not receive an acceptability rating and will not be scored. Evaluation of price will be made on the total quoted price and must also be determined to be fair and reasonable. Offerors are cautioned that an unrealistically low price or materially unbalanced pricing may be grounds for eliminating a quote on the basis that the offeror does not fully understand the requirement.

(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.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Healthcare Service, Commercial)

FAR CITATION: 52.252-2: Clauses Incorporated by Reference. (FEB 1998) I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.202-1 Definitions November 2013

2. 52.203-3 Gratuities April 1984

3. 52.203-12 Limitations on Payments to Influence Certain October 2010 Federal Transactions

4. 52.204-7 System for Award Management October 2016

5. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel

6. 52.204-13 System for Award Management Maintenance October 2018

7. 52.204-16 Commercial and Government Entity Code July 2016 Reporting

8. 52.204-18 Commercial and Government Entity Code July 2016 Maintenance

9. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

10. 52.204-24 Representation Regarding Certain December 2019 Telecommunications and Video Surveillance Services or Equipment

11. 52.212-1 Instructions to Offerors – Commercial Items June 2020

12. 52.212-4 Contract Terms and Conditions October 2018

- Commercial Items

13. 52.224-1 Privacy Act Notification April 1984

14. 52.224-2 Privacy Act April 1984

15. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

16. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

17. 52.237-1 Site Visit April 1984

18. 52.237-2 Protection of Government Buildings April 1984 Equipment, and Vegetation

19. 52.237-7 Indemnification and Medical Liability Insurance January 1997

20. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.204-21 Basic Safeguarding of Covered Contractor June 2016 Information Systems

2. 52.212-2 Evaluation – Commercial Items October 2014 (See attached)

3. 52.212-3 Offerors Representations and Certifications June 2020 (See attached)

4. 52.212-5 Contract Terms and Conditions Required To July 2020 Implement Statues or Executive Orders – Commercial Items (See attached)

5. 52.216-18 Ordering October 1995

6. 52.216-19 Ordering Limitations October 1995

7. 52.216-22 Indefinite Quantity October 1995

8. 52.217-5 Evaluation of Options July 1990

9. 52.217-8 Option to Extend the Services November 1999

10. 52.217-9 Option to Extend the Term of the Contract March 2000

11. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

12. 52.242-15 Stop-Work Order August 1989

13. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

14. 52.252-2 Clauses Incorporated by Reference February 1998

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903, insert the following clause:

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P892_114509

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.217-5 Evaluation of Options.

As prescribed in 17.208(c), insert a provision substantially the same as the following:

EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078150 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175

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 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60___ 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 June 30, 2025.

(End of clause)

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 4 years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/content/part-16-types-contracts#i1104242 https://www.acquisition.gov/content/part-16-types-contracts#i1104242

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 0 hours, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of total amount of the contract per year;

(2) Any order for a combination of items in excess of total amount of the contract per year; or

(3)A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745 https://www.acquisition.gov/content/16506-solicitation-provisions-and-contract-clauses#i1104242 order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 31, 2024.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

As prescribed in 32.706-1(b), insert the following clause:

Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond _June 30, 2021. 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 6/30/2021, 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.

(End of clause)

52.242-15 -- Stop-Work Order.

As prescribed in 42.1305(b), insert the following clause. The “90-day” period stated in the clause may be reduced to less than 90 days.

Stop-Work Order (Aug. 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting https://www.acquisition.gov/content/32706-1-clauses-contracting-advance-funds#i1081697 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#TopOfPage

Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

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):

https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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): https://www.acquisition.gov

III. Department of Health and Human Services Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date_ ____

1. HHSAR 352.224-70 Privacy Act December 2015

2. HHSAR 352.224-71 Confidential Information December 2015

3. HHSAR 352.226-1 Indian Preference December 2015 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

4. HHSAR 352.226-2 Indian Preference Program December 2015

5. HHSAR 352.237-70 Pro-Children Act December 2015

6. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 Child Abuse

7. HHSAR 352.237-72 Crime Control Act-Requirement December 2015 For Background Checks

8. HHSAR 352.237-73 Indian Child Protection and Family Violence December 2015 Act

9. HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

352.224-70 Privacy Act

As prescribed in HHSAR 324.105(a), the Contracting Officer shall insert the following clause:

Privacy Act (December 18, 2015)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

352.224-71 Confidential Information.

As prescribed in HHSAR 324.105(b), insert the following clause:

Confidential Information (December 18, 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-324-protection-privacy-and-freedom-information/index.html#324.105 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-324-protection-privacy-and-freedom-information/index.html#324.105 contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract:

[INSERT RESTRICTED TYPES OF INFORMATION. If none, so state.]

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: [STATE WHY THE PUBLIC OR GOVERNMENT INTEREST REQUIRES THE RESTRICTION OF EACH TYPE OF INFORMATION. ANY BASIS FOR NONDISCLOSURE WHICH WOULD BE VALID UNDER THE FREEDOM OF INFORMATION ACT IS SUFFICIENT

UNDER THIS CLAUSE.]

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(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 the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614

(d) 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.

(e) 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.

(f) The Contractor agrees to include the provisions of this clause,…