RFQ 22 012 0022 HCAHPS Surveys Base OY.pdf

NOTICE TO QUOTERS

REQUEST FOR QUOTES (RFQ): #22-012-0022

QUOTE DUE DATE: Quotes are due, July 16, 2022 @ 3:00PM CST

RETURN RFQ TO: Woodrow Wilson Keeble Memorial Health Care Center Indian Health Service Attn: Shannon Cordell, Purchasing Agent 100 Lake Traverse Drive Sisseton, South Dakota 57262 Telephone: (605) 742-3830 Fax: (605) 742-3896 Shannon.Cordell@ihs.gov

GENERAL DESCRIPTION: Firm Fixed-Price, Non-Personal Service Purchase Order for HCAHPS Surveys for the Standing Rock Service Indian Health Service Hospital – Fort Yates, ND. The Period of Performance will be a base year plus four option years.

“All-inclusive cost” is defined to include travel, lodging, per diem, fringe benefits, federal, state and local taxes, plus all other costs pertinent to the performance of this purchase order.

BASIS FOR AWARD: Lowest Price Technically Acceptable

INSTRUCTION TO QUOTERS: In order to be determined responsive, your offer/bid must include all of the information above. If offeror/bidder fails to complete and return the forms, your offer/bid will be considered non-responsive.

1. Contractor MUST COMPLETE AND SIGN the attached SF18 Request for Quotation.

2. Past performance – the government reserves the right to conduct their own investigations other than the contractors provided list.

3. Contractor must have a UEI (Unique Entity ID) number to be awarded the contract.

4. Contractor must have an “active registration” in SAM (System for Award Management) using the assigned UEI number.

5. Ability to meet the performance schedule.

6. Ability to meet the requirements and qualifications in the Statement of Work.

7. Reasonableness of Price

8. Responsiveness to requirement.

ATTACHMENTS:

1. SF-18 Request for Quotation

2. Statement of Work

3. Solicitation Provision incorporated by references and in full text.

4. Clauses Incorporated by Reference and in Full Text

Note to the proposed Contractor:

Quotation must set forth, full, accurate and complete information as required by the Request for Quotation (RFQ), and be returned no later than the date referenced on Block #10 of the SF-18, Request for Quotation form.

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

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL).

Respondents to this solicitation are encouraged to register an account with IPP if they have not already done

so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE PAGE OF PAGES

1. REQUEST NO.

22-012-0022

2. DATE ISSUED

07/06/2022

3. REQUISITION/PURCHASE REQUEST NO.

IHS1452756

4. CERT.FOR NAT. DEF.

UNDER BDSA REG.2

AND/OR DMS REG. 1

RATING

5A. ISSUED BY

W.W. Keeble Memorial Health Care Ctr. – Indian Health Service, 100 Lake Traverse Drive, Sisseton, SD 57262

6. DELIVER BY (Date)

07/31/2027 5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY OTHER

FOB DESTINATION (See Schedule)

NAME

Shannon Cordell, Purch. Agent Shannon.Cordell@ihs.gov

TELEPHONE NUMBER 9. DESTINATION

AREA CODE

NUMBER

742-3830

a. NAME OF CONSIGNEE

Fort Yates IHS Hospital

8. TO: b. STREET ADDRESS

10 Standing Rock Ave

a. NAME

b. COMPANY

c. CITY

Fort Yates c. STREET ADDRESS

d. CITY

e. STATE

f. ZIP CODE

d. STATE

ND

e. ZIP CODE

58538

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK

5a ON OR BY 3:00 PM ON (Date)

07/16/2022

IMPORTANT: This is a request for information, and quotations furnished are not offiers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Firm Fixed-Price, Non-Personal Service Purchase Order for HCAHPS Surveys for the Standing Rock Service Indian Health Service Hospital – Fort Yates, ND.

The Period of Performance will be a base year plus four option years. Contractor shall perform according to the Statement of Work.

Total Base Year; includes travel time, mileage and expenses: August 1, 2022 – July 31, 2023 Annual Fee Initial Survey – 80 Second Survey – 40 Third Survey - 20

Total Option Year One; includes travel time, mileage and expenses: August 1, 2023 – July 31, 2024 Annual Fee Initial Survey – 100 Second Survey – 50 Third Survey - 25

Total Option Year Two; includes travel time, mileage and expenses: August 1, 2024 – July 31, 2025 Annual Fee Initial Survey – 100 Second Survey – 50 Third Survey - 25

YR

EA

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 15. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

16. SIGNER

a. NAME (Type of print)

b. TELEPHONE

AREA CODE

d. CITY e. STATE f. ZIP CODE

c. TITLE (type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION FormFlow/Delrina Inc. STANDARD FORM 18 (REV 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53-215-1(a) mailto:Shannon.Cordell@ihs.gov

Page 2 RFQ-22-012-0022

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

13.

14.

15.

16.

17.

18.

19.

20.

Total Option Year Three; includes travel time, mileage and expenses: August 1, 2025 – July 31, 2026 Annual Fee Initial Survey – 100 Second Survey – 50 Third Survey – 25

Total Option Year Four; includes travel time, mileage and expenses: August 1, 2026 – July 31, 2027 Annual Fee Initial Survey – 100 Second Survey – 50 Third Survey – 25

Grand Total

The quoted unit price is an “all-inclusive” cost. All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

Unique Entity ID Number

You must be registered with an “Active, Registration” in the System for Award Management (SAM), you can register at www.sam.gov

Federal Tax ID Number:

Email Address:

Net Terms:

The quoter is hereby notified that they must be registered in SAM (System for Award Management) before the Government will issue an award.

Standing Rock Service Indian Health Service Hospital

SCOPE OF WORK

Non-personal Services HCAHPS Survey

GENERAL:

The performance based work statement describes the requirements for non-personal services for HCAHPS Survey to support the mission of the Indian Health Service (I.H.S.) Standing Rock Service Unit

(SRSU).

BACKGROUND:

The Indian Health Service, is and agency within the Department of Health and Human Services (DHHS), and is responsible for providing federal health service to American Indians and Alaskan Natives. The Indian Health Service provider a comprehensive health service delivery system for approximately 1.9 million American Indians and Alaskan Natives who belong to 567 federally recognized tribes, in 35 states. The Indian Health Service Headquarters is located in Rockville, MD and is divided into twelve physical areas located in: Alaska, Albuquerque, Bemidji, Billings, California, Great Plains, Nashville, Navajo, Oklahoma, Phoenix, Portland and Tucson.

The Great Plains Area Office (GPAO) works in conjunction with its 19 Indian Health Service Units and Tribal managed Service Units to provider health care to approximately 130,000 Native Americans located in North Dakota, South Dakota, Nebraska and Iowa. The Area Office’s service units include seven hospitals, eight health care centers, and several smaller health stations and satellite clinics.

Our facility, the Standing Rock Service Unit (SRSU) is under the Great Plains Area Office. Standing Rock Service Unit provides medical care for approximately 8,000 tribal members living on the North Dakota and South Dakota Standing Rock reservation. The Standing Rock Service Unit Hospital has recently been converted from hospital status to now current Critical Access Hospital, official date of change initiated on October 29, 2021. The Standing Rock Hospital is located in Fort Yates, ND. It is composed of Emergency room, a fully accredited 12 bed Inpatient unit, ambulatory clinic, with additional services including telehealth capability, specialty clinics, dental care, behavioral health, optometry, and nutritionist. The hospital provides comprehensive primary care based on the Primary Care Medical Home model. The Mclaughlin clinic is a health center under the SRSU, located in Mclaughlin SD. They also provide primary care with additional services including dental, behavioral health, nutrition and telehealth capability. The SRSU has three health stations located within the reservation in Cannonball, ND, Bullhead, SD, and Wakpala, SD communities.

OBJECTIVE:

- Obtain contractor/vendor services from an organization who has met Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) participation requirements and are approved to administer the HCAHPS survey.

- Contractor/vendor will be responsible for management of HCAHPS program including distribution of surveys to all general admission patients who are admitted to the Inpatient department at the SRSU in Fort Yates, ND. Collection and reporting of data from returned surveys for submission into the Hospital Quality Reporting system as required for the Centers for Medicare and Medicaid Services.

- Government evaluation for quality of professional and administrative services provided.

- Requiring contractor/vendor to adhere to the policies and procedure of the Standing Rock

Indian Health Service Hospital, CMS and HCAHPS required guidelines.

PERFORMANCE PERIOD:

The period of performance will be as follows and continues to annual contract recertification based on vendor/contractor performance:

Base Year: 08/01/2022 – 07/31/2023 Option Year One (1): 08/01/2023 – 07/31/2024 Option Year Two (2): 08/01/2024 – 07/31/2025 Option Year Three (3): 08/01/2025 – 07/31/2026 Option Year Four (4): 08/01/2026 – 07/31/2027

PLACE OF PERFORMANCE:

Based on awarded Vendor

SCOPE OF WORK:

To provide assistance with conducting the HCAHPS surveys via mail mode with complete and timely submission of data collected being reported as required for CMS compliance. The HCAHPS Survey is composed of 29 items: 19 items that encompass critical aspects of the hospital experience (communication with nurses, communication with doctors, responsiveness of hospital staff, communication about medicines, discharge information, care transition, cleanliness of the hospital environment, quietness of the hospital environment, overall rating of hospital, and recommendation of hospital); three items to skip patients to appropriate questions; five items to adjust for the mix of patients across hospitals; and two items to support congressionally-mandated reports, with one added SRSU hand hygiene question.

Duties shall encompass:

- The period of performance includes patient discharges from SRSU Inpatient unit from the dates of July 01, 2022 through June 30, 2023. The contractor shall survey every patient as required by the CMS that have been admitted to the SRSU inpatient department with a standardized survey instrument from CMS.

- The surveys will be conducted according to HCAHPS Quality Assurance Guidelines V17.0 (QAG V17.0) and CMS requirements. Surveys will be mail only. All eligible patients will be surveyed.

- The contractor will follow the mail methodology as outlined conducted according to HCAHPS Quality Assurance Guidelines V17.0 (QAG V17.0) and required by CMS. The contractor will monitor the response rate and inform the SRSU if the rate is falling below a rate that allows statistical analysis.

- At a minimum, the survey vendor is required to participate in the HCAHPS Training. Hospitals that have contracted with a survey vendor to collect HCAHPS Survey data are not required to attend training. CMS strongly recommends that hospitals newly joining HCAHPS participate in a dry run, if feasible, prior to beginning to collect HCAHPS data on an ongoing basis to meet the Hospital Inpatient Quality Reporting program requirements.

- The contractor will provide a written report of the collected data to the Standing Rock Service Unit quarterly.

- The contractor will preserve the privacy and confidentiality of the Data/information provided by the SRSU.

- The contract shall submit the survey results for the time period of July 01, 2022 to June 31, 2023 to CMS by the established deadline dates of the surveys, or other dates established by CMS. The expected date for the last survey submission is in September 30, 2023. Please refer to Hospital/Survey Vendor HCAHPS Minimum Survey Requirements to Administer the HCAHPS Survey (Minimum Business Requirements). Per HCAHPS website.

- https://hcahpsonline.org/globalassets/hcahps/quality-assurance/quality_assurance_qag_v_17_0_mbr.pdf

- Vendor will use all updated materials as required per HCAHPS website in regard to V.39 MS-DRG Codes Effective October 1, 2021 (09/20/2021) CMS has adopted V.39 MS-DRG Codes effective October 1, 2021.

Discrepancy Report Process:

From time to time a hospital/survey vendor may identify inadvertent and temporary discrepancies from HCAHPS protocols that require corrections to procedures and/or electronic processing to realign the activity to HCAHPS protocols. Hospitals/Survey vendors are required to notify CMS of these discrepancies. (Examples of temporary discrepancies may include, but are not limited to, missing eligible discharges from a particular date, or computer programming that caused an otherwise eligible MS-DRG to be excluded from the sample frame.)

- Hospitals/Survey vendors must notify the HCAHPS Project Team within 24 hours of discovery of the discrepancy, regardless of whether the root cause, scope of issue or a resolution has been identified. If all the information is not immediately available, survey vendors must submit an initial Discrepancy Report alerting CMS of the issue and subsequently update the Discrepancy Report with the remaining required information within two weeks of the original submission.

- See the current HCAHPS Quality Assurance Guidelines for the form that must be submitted online (www.hcahpsonline.org), or to access the Discrepancy Report Form online see below.

This report notifies the HCAHPS Project Team of the nature, timing, cause, and extent of the discrepancy, as well as the proposed correction and timeline to correct the discrepancy, to the extent this information is immediately available.

- Survey Vendors must complete and submit all Discrepancy Reports on behalf of their client hospitals

Exception Request

- The Exception Request process is designed to allow for as much flexibility as possible, while still maintaining the integrity of the data for standardized public reporting. Hospitals/Survey vendors proposing a variation from the standard HCAHPS protocol must request an exception prior to survey administration. Reference Exception Request Process, HCAHPS website.

https://hcahpsonline.org/globalassets/hcahps/quality-assurance/quality_assurance_qag_v_17_0_mbr.pdf https://hcahpsonline.org/globalassets/hcahps/quality-assurance/quality_assurance_qag_v_17_0_mbr.pdf https://hcahpsonline.org/en/

Review Process

- The Exception Request will be reviewed by the HCAHPS Project Team who will assess the methodological soundness of the proposed alternative and the potential for introducing bias.

Depending on the type of exception, a review of procedures and/or conference call or site visit may also be required. If further clarification or additional information is required for the HCAHPS Project Team to better assess the exception, the hospitals/survey vendors will be notified and requested to provide additional information.

If the Exception Request is approved:

- The HCAHPS Project Team will notify hospitals/survey vendors. All approved Exception Requests may only be implemented at the beginning of a quarter and are limited to a two-year approval timeframe, unless otherwise specified.

If the Exception Request is not approved:

- The HCAHPS Project Team will notify the hospital/survey vendor with information and reasoning for the denial unless otherwise specified.

- Hospitals/Survey vendors have the option of appealing the denial decision. Hospitals/Survey vendors have five business days to submit an appeal. In such cases, hospitals/survey vendors will resubmit the Exception Request Form (checking the box marked "Appeal of Exception Denial") and update it to provide further information about the nature of the exception. The appeal is then returned to the HCAHPS Project Team for re-review. The second review will take approximately 10 business days.

- Vendor will complete HCAHPS Attestation Statement to conformance with HCAHPS protocols and verifies annual updates have been made to the organization’s HCAHPS Quality Assurance Plan.

- In addition, survey vendors, hospitals administering HCAHPS for multiple sites, and self-administering hospitals currently approved to administer the HCAHPS Survey are required to complete and submit an annual statement that attests to conformance with HCAHPS protocols and verifies that annual updates have been made to the organization’s HCAHPS Quality Assurance Plan (QAP)

Government Responsibility:

- The SRSU will submit the inpatient discharge patient information to the survey vendor quarterly in a timely manner to meet CMS requirements. Methodology requirements for the Consumer Assessment of Healthcare Providers and Systems (CAHPS) Surveys.

- The SRSU will provide the data to the survey vendor in a spreadsheet. This information will be sent by secure IHS email system.

- The SRSU will provide the survey vendor the facility logo to print on the cover sheets and envelopes.

- The SRSU will provide the CEO name and credentials to the vendor for the survey letter.

Vendor Survey Materials Responsibility:

The vendor will provide the paper, printing services and postage for the letters.

PERFORMANCE-BASED SERVICE DELIVERY SUMMARY

The vendor’s performance will be measured based on the following Performance Requirements. The performance requirements will be measured against Government Performance Standards and monitored in accordance with the flowing methods of government surveillance or what is known as a Quality Assurance Surveillance Plan (QASP) to determine compliance. A 5% deduction will be assigned to each performance requirement. Deductions shall be assessed against individual invoices when services are not performed or do not meet contract requirements. Deductions will be done by the category that was deficient.

Performance Evaluation:

If the contractors fails to perform required services at the acceptable quality level, payment may be withheld until the contractor makes corrections. In the event that the contractor is failing to perform any required services, the COR will provide written notice of such to the Contracting Specialist and CCO and the contractor. The contracting office will issue the contractor a Contract Discrepancy Report (CDR).

The contractor shall have seven (7) calendar days to provide the contracting office with their response to the CDR. Upon evaluation of the contractor’s response to the CDR for tasks surveilled, the contractor’s payment for the month in which the performance is in question occurred will be calculated as outlined below.

Contractor Payment:

If the contractor fails to perform required services at the acceptable quality level, payment may be withheld until contractor makes corrections.

Contracting Officer Representative Designation:

The Contracting Officer Representative (COR) designated for this Project is:

Michael Candreva Standing Rock Indian Health Service PO Box J Fort Yates, ND 58538

The COR is responsible for:

1. Monitoring the contractors technical progress;

2. Interpreting the statement of work;

3. Technical inspections and acceptance required by this contract; and,

4. Assisting the contractor in the resolution of technical problems encountered during performance of this contract.

Compensation:

The contractor shall be paid a fixed flat rate. No differential pay for government holidays, compensation time, and night differential. There will be no compensation for call back or overtime.

Quality Assurance Surveillance Plan (QASP) The purpose of this QASP is to provide a government developed system to assure the use of quality assurance methods in the administration of the performance based acquisition standards. The intent is to ensure that the contractor perform services for the SRSU that are provided in accordance with performance requirements set forth in the contract documents, that the government receives the quality of services called for in the contract and the government only pays for the acceptable level of services received.

The plan provides the basis for the COR to evaluate the quality of the contractor’s performance. The oversight provided for in the contract and in this plan will help ensure that service levels reach and maintain the required levels throughout the contract term. Further, this plan provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required past performance evaluations.

Contractor Performance Evaluation Report:

During the life of this contract, contractor performance will be evaluated on a quarterly basis and final basis pursuant to FAR requirements. These evaluations shall become a part of the contract file and shall be used as past performance information in evaluating the contractor’s, and any subcontractor’s, or affiliates, past performance on future contracts. Contractor performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov. The Contractor Performance Report is completed by the COR electronically and sent to the contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review of the Contracting Officer, the report becomes a permanent record of the contractor’s past performance.

References:

Statues, Acts, Laws, and/or Regulations generally applicable to IHS security and functions, include, but are not limited to:

• Health Information Technology for Economic and Clinical Health Act

• Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002

(Public Law 107-347, Title II)

• OMB Circular A-130 and Appendix III, Security of Federal Automated Information Resources

• OMB Circular A-11, Preparing, Submitting and Executing the Budget

• Presidential Decision Directive 63 (PDD 63)

• NIST Special Publications – 800 Series

• Health Insurance Portability and Accountability Act (HIPPA)

• Indian Healthcare Improvement Act (HCIA) – Public Law 94-437

• Crime Control Act 1990 – Public Law 101-647

• Indian Child Protection and Family Violence Prevention Act – Public Law 101-630

• Privacy Act of 1974

• Section 508 of the Rehabilitation Act of 1073

• Courtesy and Respect in the Workplace Policy

• https://hcahpsonline.org/en/

Business Agreement:

Pursuant to 45 C.F.R 164.502(e) the Indian Health Services, as a covered entity, is required to enter into an agreement with a “business associate”, as defined in 45 C.F.R 160.103, under which the business associate must agree to appropriately safeguard Protected Health Information (PHI) that will use and disclose when performing functions, activities or services pursuant to its contract with IHS. Therefore, a business associate agreement shall be attached to this contract and executed upon award of this contract. See attached Business Associate Agreement.

https://www.cpars.gov/

CLAUSES INCORPORATED BY REFERENCE

(Non-Personal Service)

52.252-2 Clauses Incorporated by Reference Feb 1998 This purchase order 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 address: www.acquisition.gov/far

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

No. FAR Citation Clause Title Clause Date

1. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements January 2017

2. 52.204-13 System for Award Management Maintenance October 2018

3. 52.204-18 Commercial and Government Entity Code Maintenance August 2020

4. 52-204-19 Incorporation by Reference of Representations and Certifications December 2014

5. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities November 2021

6. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment November 2021

7. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015

8. 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services November 2021 52.217-8 Option to Extend Services. November 1999

9. 52.219-6 Notice of Total Small Business Set-Aside. November 2020

10. 52.219-28 Post-Award Small Business Program Rerepresentation September 2021

11. 52.222-1 Notice to the Government of Labor Disputes February 1997

12. 52.222-3 Convict Labor June 2003

13. 52.222-21 Prohibition of Segregated Facilities April 2015

14. 52.222-26 Equal Opportunity September 2016

15. 52.222-41 Service Contract Labor Standards August 2018

16. 52.222-50 Combating Trafficking in Persons November 2021

17. 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026 January 2022

18. 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2022

19. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving June 2020

20. 52.225-1 Buy American-Supplies November 2021

21. 52.225-13 Restrictions on Certain Foreign Purchases February 2021

22. 52.232-1 Payments April 1984

23. 52.232-33 Payment by Electronic Funds Transfer–System for Award Mgmt October 2018

24. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

25. 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors November 2021

26. 52.233-1 Disputes May 2014

27. 52.233-3 Protest after Award August 1996

28. 52.233-4 Applicable Law for Breach of Contract Claim October 2004

29. 52.246-26 Reporting Nonconforming Items November 2021

30. 52.249-1 Termination for Convenience of the Government (Fixed-Price)

(Short Form) April 1984

31. 52.249-8 Default (Fixed-Price Supply and Service) April 1984 http://www.acquisition.gov/far

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

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) 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 60 days of the end of the contract period of performance.

(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 60 days of the end of the contract period of performance; 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 5 years and six months.

(End of clause)

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

No. HHSAR Citation Clause Title Clause Date

1. HHSAR 352.211-3 Paperwork Reduction Act. December 2015

2. HHSAR 352.222-70 Contractor Cooperation in Equal

Employment Opportunity Investigations. December 2015

3. HHSAR 352.224-71 Confidential Information December 2015

4. HHSAR 352.226-1 Indian Preference December 2015

5. HHSAR 352.239-74 Electronic Information and Technology

Accessibility December 2015

352.211-3 Paperwork Reduction Act.

As prescribed in HHSAR 311.7301, the Contracting Officer shall insert the following clause:

Paperwork Reduction Act (DEC 2015)

(a) This contract involves a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) shall apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Representative shall be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.

(b) The Contractor shall not expend any funds or begin any data collection until the Contracting Officer provides the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor shall allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.

(End of clause)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations.

As prescribed in HHSAR 322.810(h), the Contracting Officer shall insert the following clause:

Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

(a) In addition to complying with the clause at FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 CFR part 1614. For purposes of this clause, the following definitions apply:

(1) Complaint means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction.

(2) Contractor employee means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor’s or subcontractor’s organization, the Contractor shall provide the Agency with that employee’s last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation.

(3) Good faith cooperation cited in paragraph (a) includes, but is not limited to, making Contractor employees available for:

(i) Formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints;

(ii) Formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by Federal employees;

(iii) Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations;

(iv) Producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and

(v) Preparing for and providing testimony in depositions or in hearings before the MSPB, EEOC and U.S. District Court.

(b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract.

(c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

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 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."

(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, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

Electronic Submission of Payment Requests (Feb 2022)

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

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

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

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

(End of Clause)

352.239-74 Electronic and Information Technology Accessibility.

As prescribed in HHSAR 339.203-70(b), insert the following clause:

Electronic and Information Technology Accessibility (December 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

(Contract staff must list applicable standards)

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for http://farsite.hill.af.mil/reghtml/regs/other/hhsar/339.htm#P15_3391 http://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/02.htm#P14_695 documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

http://www.hhs.gov/web/508 http://www.hhs.gov/web/508

Solicitation Provisions Incorporated By Reference (Non-Personal Service)

52.252-1 Solicitation Provisions Incorporated by Reference.

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: www.acquisition.gov/far

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions

No. FAR Citation Clause Title Clause Date

1. 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements -Representation January 2017

2. 52.204-7 System for Award Management October 2018

3. 52.204-17 Ownership or Control of Offeror August 2020

4. 52.204-22 Alternative Line Item Proposal January 2017

5. 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations-Representation November 2015

6. 52.217-5 Evaluation of Options. July 1990

7. 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation December 2016

8. 52.225-25 Prohibition on Contracting With Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications. June 2020

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions in Full Text

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

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

http://www.acquisition.gov/far

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment…