RFQ-23-078.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).

This announcement constitutes the only solicitation; quotes 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, Commercial Item, Purchase Order in response to Request for Quote (RFQ) RFQ-23-078.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03.

D. This RFQ is issued as 100% Indian Economic Enterprise, Small Business, and the associated NAICS Code is 238220, which has a small business standard of $19 Million Dollars.

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.

F. To provide installation for 4 humidifiers.

G. To be provided for the Woodrow Wilson Keeble Memorial Healthcare Center, Sisseton, South Dakota, 57262. The period of performance will be 90 days from Date of Award.

H. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (March 2023).

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

1. Solicitation number RFQ-23-078.

2. Closing Date: May 26, 2023 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. Terms of any express warranty.

6. Price and any discount terms.

7. “Remit to” address, if different than mailing address.

8. 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).

9. Acknowledgment of Solicitation Amendments (if any issued)

10. 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).

11. 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.

Basis of award is Lowest Price Technically Acceptable “LPTA” factors in determining the successful contractor.

Shall provide the items listed in the Specifications Listings; Brand Name or Equal Buy Ability to meet the Delivery Schedule Complete, fill out, the Indian Firm Representation Form/Specifications Price Lists for all items

1.

2.

BRAND NAME/EQUAL

Complete the attached Specification Lists:

Humidifiers - 4 EA

Installation - DO

I. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (December 2022) See attachment for full text. The Offeror shall complete only paragraphs (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.

J. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (December 2022) –

See attachment; in by reference.

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

Products and Commercial Services (March 2023) - See attachment for full text.

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

M. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: Samantha Marcellais, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 email samantha.marcellais@ihs.gov

Any questions, please submit by May 22, 2023 by 12:00 pm CST.

Contractors will need a UEI number, TIN number, and be registered with www.sam.gov.

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.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.hhs.gov throughout the duration of the contract.

Scope of Work Page 1 of 4

Statement of Work

Air Handler Humidifier Replacement Woodrow Wilson Keeble Memorial Health Care Center

1.1. LOCATION:

A. Woodrow Wilson Keeble Memorial Health Care Center, Sisseton, South Dakota 100 Lake Traverse Drive Sisseton, SD 57262

1.2. SCOPE OF WORK

A. Contractor shall provide electrode steam humidification system as specified in the following:

1. Provide Nortec EL electrode humidifier generating mineral-free, sterile steam from a potable water supply Packaged unit, wall mounted, atmospheric steam generation using an electrode steam cylinder[s]. Resistive element technology and boiler steam (pressure steam) technology not acceptable.

2. Unit[s] to be complete with:

a. Touchscreen controller with standard building automation:

i. Intuitive touchscreen control with color graphic user interface.

ii. Standard building automation communication protocols BACnet IP, BACnet MSTP and Modbus. Additional hardware required for building automation communication not acceptable.

iii. Embedded web interface for easy configuration and remote monitoring from any computer with a web browser over a local area network (LAN) connection.

iv. USB interface for new software/feature upload and download of operational information.

v. Single or dual channel analog signal acceptance, supporting both demand and transducer control. Ability to control setpoint from humidifier control when using transducer controls.

b. Packaged system with Condair electrode cylinder technology:

i. Condair cylinder optimized for humidifier capacity and supply voltage.

Cylinder must have welded seam to ensure watertight and have high water sensor to prevent overfilling.

ii. Durable powder coated steel cabinet with zero side clearance requirement for minimal footprint.

iii. Insulating air gap between plumbing and electrical compartment for increased electronic reliability.

iv. Standard internal drain water tempering to ensure maximum 140° F [60° C] drain water. External drain water cooler not acceptable.

v. Integral fill cup with minimum 1-inch [25 mm] air gap to prevent back siphoning.

vi. Full cylinder indication and pre-notification of automatic shutdown at end of cylinder life.

Scope of Work Page 2 of 4

vii. Automatic pulse feature to clean any obstruction from the drain solenoid valve if required.

viii. Automatic off-season shut-down [after 3 days of "no call"] will completely drain the cylinder[s] and automatically restart on call for humidity. Adjustable on/off and time sequence. Provides extended cylinder life, while ensuring stagnant water does not remain in the system.

c. Auto-Adaptive Control water management:

i. Advanced water management utilizing the patented Proportional plus Integral Auto-Adaptive Control system for optimal energy efficiency, water usage and cylinder life.

ii. 98% thermal efficiency from startup until end of cylinder life.

iii. Drains automatically optimized to water conditions to maximize cylinder and reduce water usage.

iv. Modulating output between 20% and 100% of rated capacity.

3. Optional Accessories

a. Refer to 'Option schedule'

B. Contractor shall install humidifiers per manufacturers instruction. Commissioning shall be completed by a factory trained technician.

1.3. PERIOD OF PERFORMANCE

A. Contractor shall complete work within 90 days of award.

1.4. COORDINATION AND HOURS OF WORK

A. Contractor and subcontractors shall be supervised by an IHS employee the entire time work is being performed on site.

B. Contractor shall coordinate shut down of any utility system with COR, Facility Manager, and Safety Officer. Work shall not take place Monday thru Friday, 8:00am to 5:00pm.

1.5. CONTACTS

A. Indian Health Service Contacts:

1. Facility Manager Jessie Chanku 605-698-7606 Email – Jessie.Chanku@ihs.gov

2. Sisseton Wahpeton Oyate TERO Office DelRay German – TERO Director Tribal Employment Rights

(605) 698-3549 Email – ddgerman@swotero.org

1.6. SUBMITTALS

A. The Contractor shall submit to the COR submittals on the items listed in the following specifications:

1. Submit product data under provisions of Section 23. Include product description, model, dimensions, component sizes, rough-in requirements, service sizes, and finishes. Include rated capacities, operating weights, furnished specialties, and accessories.

2. Submit manufacturer's installation instructions.

3. Submit operation and maintenance data.

Scope of Work Page 3 of 4

4. Submit coordination drawings. Detail fabrication and installation of humidifiers. Include piping details, plans, elevations, sections, details of components, and dispersion tubes.

Detail humidifiers and adjacent equipment. Show support locations, type of support, weight on each support, and required clearances.

5. Submit wiring diagrams including power, signal, and control wiring. Differentiate between manufacturer-installed and field-installed wiring.

PART 1 - GENERAL

1.1 Work Included:

a. Electrode steam humidifier[s] as indicated on schedule[s].

b. Complete and operable humidification system.

c. Equipment start-up and project inspection by qualified factory trained representative.

1.2 Quality Assurance:

a. Certifications, C-UL US Listed.

b. ISO 9001-2008.

c. ANSI/NFPA 70 - National Electrical Code.

d. AHRI 640, Standard for Commercial and Industrial Humidifiers.

e. ASHRAE Standard 135 BACnet

1.3 Related Sections:

a. 23 Mechanical General

b. 23[ ] Piping Installation

c. 23[ ] Control System

1.4 Submittals:

a. Submit product data under provisions of Section 23. Include product description, model, dimensions, component sizes, rough-in requirements, service sizes, and finishes. Include rated capacities, operating weights, furnished specialties, and accessories.

b. Submit manufacturer's installation instructions.

c. Submit operation and maintenance data.

d. Submit coordination drawings. Detail fabrication and installation of humidifiers. Include piping details, plans, elevations, sections, details of components, and dispersion tubes. Detail humidifiers and adjacent equipment.

Show support locations, type of support, weight on each support, and required clearances.

e. Submit wiring diagrams including power, signal, and control wiring.

Differentiate between manufacturer-installed and field-installed wiring.

f. Submit water pressure requirements.

1.5 Schedules:

a. Refer to information contained in schedule[s] attached to this specification.

b. Humidifiers to be of type, capacity, and arrangement as listed in schedule[s].

c. Include accessories listed in schedule[s] and those accessories required for type of unit.

ELECTRODE STEAM HUMIDIFICATION SYSTEM - MODEL NORTEC EL

PART 2 - PRODUCTS

2.1 Provide Nortec EL electrode humidifier generating mineral-free, sterile steam from a potable water supply Packaged unit, wall mounted, atmospheric steam generation using an electrode steam cylinder[s]. Resistive element technology and boiler steam (pressure steam) technology not acceptable.

2.2 Unit[s] to be complete with:

a. Touchscreen controller with standard building automation:

i. Intuitive touchscreen control with color graphic user interface.

ii. Standard building automation communication protocols BACnet IP, BACnet MSTP and Modbus. Additional hardware required for building automation communication not acceptable.

iii. Embedded web interface for easy configuration and remote monitoring from any computer with a web browser over a local area network (LAN) connection.

iv. USB interface for new software/feature upload and download of operational information.

v. Single or dual channel analog signal acceptance, supporting both demand and transducer control. Ability to control setpoint from humidifier control when using transducer controls.

b. Packaged system with Condair electrode cylinder technology:

i. Condair cylinder optimized for humidifier capacity and supply voltage.

Cylinder must have welded seam to ensure watertight and have high water sensor to prevent overfilling.

ii. Durable powder coated steel cabinet with zero side clearance requirement for minimal footprint.

iii. Insulating air gap between plumbing and electrical compartment for increased electronic reliability.

iv. Standard internal drain water tempering to ensure maximum 140° F [60° C] drain water. External drain water cooler not acceptable.

v. Integral fill cup with minimum 1-inch [25 mm] air gap to prevent back siphoning.

vi. Full cylinder indication and pre-notification of automatic shutdown at end of cylinder life.

vii. Automatic pulse feature to clean any obstruction from the drain solenoid valve if required.

viii. Automatic off-season shut-down [after 3 days of "no call"] will completely drain the cylinder[s] and automatically restart on call for humidity. Adjustable on/off and time sequence. Provides extended cylinder life, while ensuring stagnant water does not remain in the system.

c. Auto-Adaptive Control water management:

i. Advanced water management utilizing the patented Proportional plus

Integral Auto-Adaptive Control system for optimal energy efficiency, water usage and cylinder life.

ii. 98% thermal efficiency from startup until end of cylinder life.

iii. Drains automatically optimized to water conditions to maximize cylinder and reduce water usage.

iv. Modulating output between 20% and 100% of rated capacity.

2.3 Optional Accessories

a. Refer to 'Option schedule'

PART 3 - EXCECUTION

3.1 Installation:

a. Install humidifiers per manufacturers' instructions.

b. Install with required clearance for service and maintenance.

3.2 Accessories:

a. Install accessories in accordance with manufacturer's recommendations.

3.3 Commissioning:

a. Start-up of humidifier to be by factory trained technician.

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed‐Price, Non‐Personal 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. 52.204‐7 System for Award Management October 2018

2. 52.204‐9 Personal Identity Verification of Contractor January 2011 Personnel

3. 52.204‐13 System for Award Management Maintenance October 2018

4. 52.204‐16 Commercial and Government Entity Code August 2020 Reporting

5. 52.204‐17 Ownership or Control of Offeror August 2020

6. 52.204‐18 Commercial and Government Entity Code August 2020 Maintenance

7. 52.204‐19 Incorporation by Reference of December 2014 Representations and Certifications

8. 52.212‐1 Instructions to Offerors – Commercial March 2023 Products and Commercial Services

9. 52.212‐4 Contract Terms and Conditions December 2022 ‐ Commercial Products and Commercial Services

10. 52.232‐39 Unenforceability of Unauthorized Obligations June 2013

11. 52.232‐40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

12. 52.237‐1 Site Visits April 1984

13. 52.237‐2 Protection of Government Buildings April 1984 Equipment, and Vegetation

14. 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. 52.204‐24 Representation Regarding Certain November 2021 Telecommunications and Video Surveillance Services or Equipment

2. 52.212‐3 Offeror Representations and Certifications December 2022

Commercial Products and Commercial Services (See Attached)

3. 52.212‐5 Contract Terms and Conditions Required To March 2023 Implement Statues or Executive Orders – Commercial Products and Commercial Services (See attached)

4. 52.252‐1 Solicitation Provisions Incorporated by February 1998 Reference

5. 52.252‐2 Clauses Incorporated by Reference February 1998

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.

(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 transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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 transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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): http://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 352.226‐1 Indian Preference December 2015

2. HHSAR 352.232‐71 Electronic Submission of Payment Requests February 2022

3. HHSAR 352.237‐70 Pro‐Children Act December 2015

4. HHSAR 352.237‐71 Crime Control Act‐Reporting of December 2015 Child Abuse

5. HHSAR 352.237‐74 Non‐Discrimination in Service Delivery December 2015

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.

(End of clause)

352.232‐71 Electronic Submission of Payment Requests

As prescribed in HHSAR 352.232‐71, the contracting officer shall insert the following clauses:

Electronic Submission of Invoice 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)

352.237‐70 Pro‐Children Act.

As prescribed in HHSAR 337.103(d)(1), the Contracting Officer shall insert the following clause:

Pro‐Children Act (December 18, 2015)

(a) Public Law 103‐227, Title X, Part C, also known as the Pro‐Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided.

The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all subcontracts awarded under this contract for the specified children's services.

Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of clause)

352.237‐71 Crime Control Act—Reporting of Child Abuse.

As prescribed in HHSAR 337.103(d)(2), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Reporting of Child Abuse (December 18, 2015)

(a) Public Law 101‐647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally‐operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted.

For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1‐800‐4‐A‐CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

352.237‐73 Indian Child Protection and Family Violence Act.

As prescribed in HHSAR 337.103(d)(4) the Contracting Officer shall insert the following clause:

Indian Child Protection and Family Violence Act (December 18, 2015)

(a) This contract is subject to the Indian Child Protection and Family Violence Act, Pub. L. 101‐630 (25 U.S.C.

3201 et seq.) The duties and responsibilities required by this contract may involve regular contact with or control over Indian children. Pub. L. 101‐630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted of any crime of violence. Any such conviction should immediately be brought to the attention of the Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Human Resources. Until such time as the contractor has been notified of completion of the investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer.

(b) As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.

(End of clause)

352.237‐74 Non‐Discrimination in Service Delivery.

As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:

Non‐Discrimination In Service Delivery (DEC 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non‐merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub‐contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub‐contractor staff, is made aware of, understands, and complies with this policy.

(End of clause)

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