RFQ 75H70626Q00045 - TMDE Equipment-FINAL--.26.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

IHSPIERRE CODE 16. ADMINISTERED BYCODE

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR159

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

1700 ET605-226-7724WENDA WRIGHT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00045

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 7 IHS1520285OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Aberdeen SD 57401

115 Fourth Ave, SE

Federal Building

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Aberdeen Area Indian Health Servic WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

PIERRE SD 57501

420 S GARFIELD, STE 100

PIERRE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

A. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Item, Purchase Order, in response to Request for

Quote (RFQ) 75H70626Q00045. Award will be made on an "all-or-none" basis.

This acquisition is a set-aside for small business concerns, This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

B. The 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 SF-1449. See Specifications in the

Statement of Work. Lowest Price Technically

Acceptable. This is a Brand Name/Equal buy. See the Specifications with salient physical, functional, or performance characteristics that an equal item must meet to be acceptable for award. This acquisition is to provide TMDE

Physiological Monitor Test Equipment for Pronk equipment. This is a 100% Small Business set-aside. The associated NAICS Code is 334515, which has a small business standard of 750 employees.

The period of performance will be Date of Award through 90 days.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

7 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00045

C. Equipment will be provided for the GPAIHS, Biomed Department, 420 S. Garfield, Ste. 600, Pierre, South Dakota 57501.

D. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) provisions and clauses that are applicable.

1 SimCUbe SC-5kit to include4 Year Warranty Parts 16 EA

Labor to include Cert

2 Pronk Inflator Pressure Calibrator 16 EA

FOB: Destination

3 SimSlim SL-8 16 EA

FOB: Destination

4 OxSim Flex w Mobilize 16 EA

FOB: Destination

5 Processing Handling fee

FOB: Destination

6 Shipping Fed Ex

E. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial

Services (Deviation November 2025).

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00045

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

1. Solicitation number RFQ 75H70626Q00045.

2. Closing Date: May 12, 2026 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, if applicable

6. Price and any discount terms, if applicabe

7. "Remit to" address, if different than mailing address.

8. Acknowledgment of Solicitation Amendments (if any issued)

9. Statement stating ability to meet qualifications and the requirements of the Statement of Work

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 information, or reject the terms and conditions of the solicitation may be excluded from consideration.

F. FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (Deviation November 2025)

Basis of award is Lowest Price, Technically

Acceptable "LPTA" offer. The Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate offers utilizing the procedures of FAR

12.203 Evaluation. Offers will be evaluated for

acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either "acceptable" or "unacceptable". The Government intends to evaluate and make award without discussion with

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00045 the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror's quotations will be made. For those offeror's which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price.

(a) The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.)

Meeting all areas under the "Task/Deliverables";

2.) Past Performance; and, 3.) Price.

1.) Each offeror's technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the Scope of Work. In addition, Contractors shall provide the following in order to be considered technically acceptable:

- Contractor shall provide confirmation that they are an authorized distributor of Pronk technologies TMDE equipment designated for use by biomedical technicians if they are not the

Original Equipment Manufacturer (OEM).

- Contractor shall arrange for shipping the equipment and supplies to the Great Plains Area

Pierre Office.

- Contractor shall provide 4-year warranty; parts and labor to include certifications.

- Contractor shall deliver equipment calibrated according to OEM specifications.

2.) Past Performance: The offeror shall provide a list of contracts under which they have performed same or similar services to this RFQ requirement within the last three (3) years. The Government shall assess the offeror's ability to perform the effort described in the Request for Quote (RFQ).

The assessment process will result in an overall technical rating of Acceptable/Non Acceptable or

Neutral/Unknown. Offerors with no relevant past or present performance history shall receive the rating "neutral or unknown", meaning the rating is treated neither favorably nor unfavorably.

3.) Price: The Pricing Schedule must be completed for all line items and all option years and will be evaluated as to completeness and

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00045 reasonableness.

(b) Options. N/A

(c) Notice of Award. A written notice of award or acceptance of an offer 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.

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

Great Plains Area Indian Health Service

Attn: Wenda Wright, Contract Specialist

115 4th Ave. SE, Room 309

Aberdeen, SD 57401

Email: wenda.wright@ihs.gov

Questions in regards to this solicitation shall be submitted in writing by either email no later than May 1, 2026, 12:00pm 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 90 days from the date of receipt by the Government.

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. All required information must be submitted in order to be considered responsive and eligible for award.

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.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70626Q00045

Contractor must be registered with the System for

Award Management (SAM) at www.sam.gov

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

STATEMENT OF WORK

Acquisition for New Pronk Equipment for Great Plains area technicians

PURPOSE:

The purpose of this Statement of Work is to define the requirements for the acquisition and delivery of TMDE Physiological Monitor Test Equipment for use by the Indian Health Service (IHS) Biomedical Engineering Department. This equipment will be used for the testing, verification, and calibration of medical devices in IHS healthcare facilities to ensure patient safety, regulatory compliance, and optimal equipment performance.

SCOPE OF WORK:

Contractor shall provide to the Great Plains Area Indian Health Service, hereafter referred to as the Government, with the services and/or equipment described in this statement of work for the period specified on the issued purchase order and any modifications or amendments.

EQUIPMENT/SPECIFICATIONS:

SimCube SC-5kit:

SimCube SC-5KIT-M includes the SimCube SC-5-M NIBP Simulator with MOBILIZE, IBP, Arrhythmia, ECG, Resp, Pacer, Peak Detect, Leak Test, and Digital Manometer. Includes: SimCube SC-5-M NIBP Simulator Included Accessories: Carrying Case, Cuff Jacket, Battery Boost with (4) AA Batteries, (6) NIBP adapters, (1) IBP Ext Cable, Choice of (1) IBP adapter (ONLY if chosen at time of order), and Power Supply.

Pronk Inflator Pressure Calibrator:

Pronk Inflater Pressure calibrator hand pump for generating positive and negative pressures with coarse and fine pressure adjustment capability. 30 CC volume with Luer connector and 3-way stopcock.

SimSlim SL-8:

SimSlim SL-8 includes the SimSlim SL-8 Simulator with 4-IBP, ECG, Arrhythmia, Resp, Cardiac Output and Temperature.

Includes: SimSlim SL-8 Multi-Parameter Simulator Included Accessories: Carrying Case, (1) IBP Ext Cable, (1) 6' Temp Cable with 3.5mm stereo plug, and Choice of (1) IBP adapter (ONLY if chosen at time of order).

OxSim Flex w/ Mobilize:

OxSim Flex OX-2-M: Pulse Oximeter Simulator with MOBILIZE Comes with color display and customizable simulations. Users can select 100's of different saturations, pulse rates and perfusion levels. Masimo rainbow SET compatible.

Included Accessories: Carrying Case, (1) AA Battery, and Power Supply.

The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW).

TASK/DELIVERABLES:

- Contractor shall provide confirmation that they are an authorized distributor of Pronk technologies TMDE equipment designated for use by biomedical technicians if they are not the Original Equipment Manufacturer (OEM).

- Contractor shall arrange for shipping the equipment and supplies to the Great Plains Area Pierre Office.

- Contractor shall provide 4-year warranty; parts and labor to include certifications.

- Contractor shall deliver equipment calibrated according to OEM specifications.

Upon completion of equipment installation, the field service personnel will provide proof of operation in the form of a service report to the Local Clinical Engineering personnel, and the

COR.

PERIOD OF PERFORMANCE:

The period of performance of this contract is 90 days from the date of issuance.

DELIVER TO:

ATTN: Biomed 420 S. Garfield Suite 600 Pierre, SD 57501

QUALITY CONTROL:

The Government reserves the right to perform a validation/incoming performance & safety inspection.

Contractor is responsible to provide warranty records if requested by the Government for the specific devices provided to the Great Plains Area Pierre Office.

BASIS OF PAYMENT:

Invoices submitted under any award will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”.

Payment will be made upon receipt of a complete and accurate invoice, and successful completion of an acceptance inspection in accordance with the Prompt Payment Act. Invoices shall be submitted with all information and supporting documentation. A complete and accurate invoice is substantially correct in that all aspects of the required information are clearly evident on the invoice. If items such as invoice number, date, dates of service, contract/purchase order number, etc., are not on the invoice, it will be returned to the Contractor for resubmission. The Prompt Payment Act Clause will be provided by the Contracting Officer at the time of award and will further clarify the requirements. Finance charges for late payment of charges due to problems not of the Contractor’s making shall be paid according to the regulations and amount determined by the Great Plains Area Indian Health Service Financial Management Branch. If the Government fails to pay an amount when properly due, the Contractor has the option of suspending all services provided by this contract after providing a detailed explanation to the Contracting Officer. The Contracting Officer is responsible for assuring that direct patient care is not compromised by frivolous or unlawful suspension of services. Disputes will be handled according to the Disputes Clause and shall not violate any rule or regulation or law.

LIABILITY:

In no event shall the Government release the Contractor from the liability arising from acts of omission, improper repair, negligence, or deliberate or non-deliberate acts that jeopardize the health and safety of patients and/or Government employees.

CONTRACTOR’S TERMS & CONDITIONS:

The contractor’s terms and conditions shall be incorporated into the contract by reference.

Where conflicts arise the Federal Acquisition Regulations, and other Federal Regulations, Laws and Rules shall take precedence.

1. Authority

1.1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

1.2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

1.3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

1.3.1. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

1.3.2. A purported modification or change order issued by anyone other than the Contracting Officer;

1.3.3. A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

1.3.4. An order, direction, consent, or permission from anyone other than the Contracting Officer to:

1.3.4.1. Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

1.3.4.2. Expend hours in excess of a specified level of effort.

CONTRACTING OFFICER REPRESENTATIVE (COR) NAME, TITLE, PHONE NUMBER:

Michael Wenk Biomedical Equipment Support Specialist 605-945-1319

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, 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. 52.203-17 Contractor Employee Whistleblower Rights November 2023

2. 52.203-19 Prohibition on Requiring Certain Internal January 2017

Confidentiality Agreements or Statements

3. 52.204-7 System for Award Management - Registration DEVIATION November 2025

4. 52.204-13 System for Award Management – Maintenance DEVIATION November 2025

5. 52.204-19 Incorporation by Reference of December 2014

Representations and Certifications

6. 52.204-91 Contractor Identification DEVIATION November 2025

7. 52.209-2 Prohibition on Contracting with Inverted DEVIATION November 2025

Domestic Corporations – Representation

8. 52.209-6 Protecting the Government’s Interest When DEVIATION November 2025

Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

9. 52.209-10 Prohibition on Contracting with Inverted DEVIATION November 2025 Domestic Corporations

10. 52.211-17 Delivery of Excess Quantities September 1989

11. 52.212-1 Instructions to Offerors – Commercial Products DEVIATION November 2025 and Commercial Services

12. 52.212-4 Contract Terms and Conditions DEVIATION November 2025

- Commercial Products and Commercial Services

13. 52.219-1 Small Business Program Representations DEVIATION November 2025

14. 52.219-6 Notice of Total Small Business Set-Aside DEVIATION November 2025

15. 52.219-28 Postaward Small Business Program DEVIATION November 2025

Rerepresentation

16. 52.222-3 Convict Labor DEVIATION November 2025

17. 52.222-19 Child Labor – Cooperation with Authorities DEVIATION November 2025

And Remedies

18. 52.222-36 Equal Opportunity for Workers with Disabilities DEVIATION November 2025

19. 52.222-50 Combating Trafficking in Persons DEVIATION November 2025

20. 52.224-1 Privacy Act Notification April 1984

21. 52.224-2 Privacy Act April 1984

22. 52.226-8 Encouraging Contractor Policies to Ban Text May 2024

Messaging While Driving

23. 52.232-33 Payment by Electronic Funds Transfer-System October 2018

For Award Management

24. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

25. 52.232-40 Providing Accelerated Payments to Small March 2023

Business Subcontractors

26. 52.233-3 Protest After Award DEVIATION November 2025

27. 52.233-4 Applicable Law for Breach of Contract Claim DEVIATION November 2025

28. 52.240-90 Security Prohibitions and Exclusions DEVIATION November 2025

Representations and Certifications

29. 52.240-91 Security Prohibitions and Exclusions DEVIATION November 2025

30. 52.244-6 Subcontracts for Commercial Products and DEVIATION November 2025

Commercial Services

31. 52.253-1 Computer Generated Forms DEVIATION November 2025

CLAUSES INCORPORATED IN FULL TEXT

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

No. FAR Citation Clause Title Clause Date ____

1. 52.217-8 Option to Extend the Services November 1999

2. 52.252-1 Solicitation Provisions Incorporated by February 1998

Reference

3. 52.252-2 Clauses Incorporated by Reference February 1998 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.

(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

(End of clause)

III. Department of HHS Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses 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/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.224-70 Privacy Act December 2015

2. HHSAR 352.226-1 Indian Preference December 2015

3. HHSAR 352.226-2 Indian Preference Program December 2015

4. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022

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 352.237-74 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 (DEC 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)

352.226-1 Indian Preference.

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

Indian Preference (DEC 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)

352.226-2 Indian Preference Program.

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

Indian Preference Program (DEC 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the

Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor's employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment;

training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including -

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Public Law 93-638; 88 Stat. 2205; 25 U.S.C. 450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal's price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate -

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor's Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) 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)

332.232-71 Electronic Submission of Payment Requests.

As prescribed in HHSAR 332.7003, use the following clause:

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)

352.237-70 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.

http://www.ipp.gov/ http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128

(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)

352.237-74 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 (December 18, 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) http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-337-service-contracting-general/index.html#337.103 http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128