RFQ 75H70626Q00052 - PACS-3.12.26-.pdf

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Attached to
Firm-Fixed Price, Commercial Item, Purchase Order, to provide servers
Solicitation number
75H706-00052
Issued by

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This is a Request for Quote (RFQ) for the procurement of Dell PowerEdge Servers to replace Picture Archival and Communication Systems (PACS) equipment across multiple Indian Health Service facilities. The solicitation number is 75H70626Q00052, issued by the Aberdeen Area Indian Health Service (Great Plains Area IHS) located in Aberdeen, South Dakota. The offer due date is March 27, 2026, at 12:00 PM CST, with contact information for Wenda Wright, Contract Specialist, at 605-226-7724 or wenda.wright@ihs.gov. This is a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside with a small business standard of 200 employees under NAICS Code 423450, and the contract will be awarded on a firm-fixed-price basis on an "all-or-none" basis.

The acquisition requires seven Dell PowerEdge Servers configured for PACS applications, with equipment to be delivered to seven separate locations: Pine Ridge Hospital (1 EA PowerEdge R760 with 20TB hard drive), Fort Thompson IHS Health Center (1 EA PowerEdge R360 with 4TB), Fort Yates Hospital (1 EA PowerEdge R360 with 12TB), Lower Brule Indian Health Center (1 EA PowerEdge R360 with 4TB), Woodrow Wilson Keeble Memorial Health Care Center/Sisseton (1 EA PowerEdge R360 with 12TB), Wagner Clinic (1 EA PowerEdge R360 with 12TB), and Rosebud Service Unit (1 EA PowerEdge R760 with 16TB). All delivery is FOB Destination. Unit pricing must be all-inclusive, covering travel, lodging, per diem, fringe benefits, and all applicable taxes. The evaluation will be based on the Lowest Price, Technically Acceptable (LPTA) criterion, with technical acceptability determined by compliance with scope of work requirements, past performance within the last three years, and price reasonableness. Offerors must provide an operator manual with the purchase and demonstrate the ability to supply only new equipment with Original Equipment Manufacturer warranties. Award will be made within 90 days of contract award, with performance completed within that same 90-day period.

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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

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 NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00052

5. SOLICITATION NUMBER

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

1 9 IHS1520980OFFEROR 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:

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) 75H70626Q00052. 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 acquisition is to provide seven (7) Dell

PowerEdge Servers, [Picture Archival and

Communications Systems (PACS) Replacements]. This is a 100% Indian Small Business Economic

Enterprise (ISBEE) set-aside. The associated

NAICS Code is 423450, which has a small business standard of 200 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

9 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

C. Equipment will be provided for the GPAIHS, Clinical Engineering Department, 420 S. Garfield, Ste. 600, Pierre, South Dakota 57501. Multiple deliveries will be made to seven (7) locations as stated in the Statement of Work.

D. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services

Acquisition Regulation (HHSAR) provisions and clauses that are applicable.

1 Ft Thompson - Equipment hardware 1 EA

2 Ft Yates - Equipment hardware 1 EA

FOB: Destination

3 Sisseton - Equipment hardware 1 EA

FOB: Destination

4 Lower Brule - Equipment Hardware 1 EA

FOB: Destination

5 Wagner - Equipment Hardware 1 EA

FOB: Destination

6 Pine Ridge - Equipment Hardware 1 EA

FOB: Destination

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

7 Rosebud - Equipment Hardware 1 EA

FOB: Destination

8 Freight

FOB: Destination

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

Services (Deviation November 2025).

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

1. Solicitation number RFQ 75H70626Q00052.

2. Closing Date: March 27, 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 applicable

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.

Continued ...

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

5 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

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 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 "Scope of Work" and

"Equipment"; 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 is required to provide at least one copy of an operator manual with this purchase.

The document may be digital or physical.

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

Continued ...

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

6 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

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 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 March 20, 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 Continued ...

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

7 9

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052 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.

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.

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no "Gray Market Goods" or "Counterfeit Electronic Parts" shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment

Manufacturers (OEM's) warranty. Counterfeit

Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer.

Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

"The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the

Internet Protocol version 6 (IPv6). In November

2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only

IPv6". The IHS requires all new IT systems

(hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network.

The Offeror's solution shall comply with the

IPv6 standards profile as defined by the NIST

USGv6 Program:

https://www.nist.gov/programs-projects/usgv6-progr am".

The contractor will comply with the following listed regulations:

- Privacy Act, 5 U.S.C. 552a - Office of Privacy and Civil Liberties | Privacy Act of 1974

- Health Insurance Portability and Accountability

Act (HIPAA) - eCFR :: 45 CFR Part 164 --

Security and Privacy

- CFR 42 Part 2 - eCFR :: 42 CFR Part 2 --

Confidentiality of Substance Use Disorder Patient

Records

Indemnification and Governing Law

Indemnification, Liability, Statute of

Limitations: Any provisions in the Terms of

Service (TOS) related to indemnification and filing deadlines are hereby waived, and shall not apply except to the extent expressly authorized by law. Liability for any breach of the TOS as modified by this amendment, or any claim arising from the TOS as modified by this amendment, shall be determined under the Federal Tort Claims Act, or other governing federal authority. Federal statute of limitations provisions shall apply to any breach or claim.

Governing law: Any arbitration, mediation or similar dispute resolution provision in the TOS is hereby deleted. The TOS and this amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws.

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00052

To the extent permitted by federal law, the laws of the State of ____ will apply in the absence of applicable federal law.

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

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and punishable under 18 U.S.C. 1001.

False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

SCOPE OF WORK:

Picture Archive and Communication System

Area Wide Server Replacement

C-1 PURPOSE:

The purpose of this contract is to provide the award of Dell PowerEdge Servers with a firm-fixed price purchase order.

C-2 SCOPE OF WORK:

Contractor shall provide to the Great Plains Area Indian Health Service, hereafter referred to as the Government, with Dell PowerEdge Servers as described in this statement of work within 90 days of award of contract.

C-3 EQUIPMENT: Dell PowerEdge Servers (see attached configurations documents) Hardware for configuration of the Smaart Medical Systems, PACS application

C-4 EXCLUSIONS: None

C-5 DOCUMENTATION:

The Contractor is required to provide at least one copy of an operator manual with this purchase. The document may be digital or physical.

C-6 BASIS OF PAYMENT:

All payments are due and payable upon receipt of complete and accurate invoices and 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.

Invoices shall be submitted via the U.S. Treasury’s Invoice Processing Platform (IPP) system for review, reconciliation and approval for payment.

C-7 LIABILITY:

In no event shall the Government release the Contractor from 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. The rules of law governing such incidents or actions shall prevail.

C-8 RELEASES:

No information, findings, or determinations generated in pursuit of this contract may be released outside of the contractors’ immediate possession without the concurrence of the Contracting Officer.

C-9 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.

C-10 DELIVERY

Multiple Delivery points:

Pine Ridge Hospital, 607 Indian Health Rd, Pine Ridge, SD 57770 (Loading dock available) 1EA - PowerEdge R760 Rack Server, 20TB Hard Drive SATA ISE 6Gbps 7.2K 512e 3.5in OxSim Flex w/

Fort Thompson IHS Health Center, 1323 BIA Route 4, Fort Thompson, South Dakota 1EA - PowerEdge R360 Server, 4TB 7.2K RPM SATA 6Gbps 512n 3.5in

Fort Yates Hospital, 10 Standing Rock Avenue, Fort Yates, North Dakota 58538 1 EA - PowerEdge R360 Server, 12TB 7.2K RPM SATA 6Gbps 512n 3.5in

Lower Brule Indian Health Center, 601 Gall Street, Lower Brule, SD 57548 1EA - PowerEdge R360 Server, 4TB 7.2K RPM SATA 6Gbps 512n 3.5in

Woodrow Wilson Keeble Memorial Health Care Center, 100 Lake Traverse Drive, Sisseton, South Dakota 57262 1 EA - PowerEdge R360 Server, 12TB 7.2K RPM SATA 6Gbps 512n 3.5in

Wagner Clinic, 111 Washington Ave NW, Wagner SD, 57380

1 EA - PowerEdge R360 Server, 12TB 7.2K RPM SATA 6Gbps 512n 3.5in

Rosebud Service Unit, 400 Soldier Rd, Rosebud, South Dakota 57570 1 EA - PowerEdge R760 Rack Server, 16TB Hard Drive SAS 12Gbps 7.2K 512e 3.5in

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.

C-11 Contracting Officer Representative (COR): Name, Title, Phone Number

Michael Wenk Biomedical Equipment Support Specialist 602-945-1319 michael.wenk@ihs.gov

Module Description Qty Base PowerEdge R760 Server 2

Trusted Platform Module No Trusted Platform Module 2

Chassis Configuration 3.5" Chassis with up to 12 SAS/SATA Drives, LP Adapter PERC 11 2

Processor Intel Xeon Gold 5415+ 2.9G, 8C/16T, 16GT/s, 22.5M Cache, Turbo, HT (150W) DDR5-4400 2

Additional Processor Intel Xeon Gold 5415+ 2.9G, 8C/16T, 16GT/s, 22.5M Cache, Turbo, HT (150W) DDR5-4400 2

No HBM 2

Processor Thermal Configuration Heatsink for 2 CPU configuration (CPU greater than 165W) 2

Memory Configuration Type Performance Optimized 2 Memory DIMM Type and 5600MT/s RDIMMs 2

Speed RAID Configuration Unconfigured RAID 2

RAID/Internal Storage Controllers BIOS and Advanced System Configuration

Settings Advanced System Configurations PERC H755 Adapter, Low Profile 2

Performance BIOS Settings 2 No Energy Star 2

Fans Very High Performance Fan x6 2

Power Supply Dual, Hot-Plug, Power Supply, 1100W MM (100- 240Vac) Titanium, Redundant (1+1) 2

PCIe Riser Riser Config 1, 6x8 FH Slots (Gen4), 2x16 LP Slots (Gen4) 2

Motherboard Motherboard supports ONLY CPUs below 250W (cannot upgrade to CPUs 250W and above) 2

OCP 3.0 Network Adapters Broadcom 57414 Dual Port 10/25GbE SFP28, OCP

NIC 2

LOM Blank 2 GPU/FPGA/Acceleration No Cables Required 2

No Cables Required 2 Bezel Dell Luggage Tag 2 Bezel PowerEdge 2U LCD Bezel 2

Cards Boot Optimized Storage BOSS-N1 controller card + with 2 M.2 480GB (RAID 1) 2

Cards Boot Optimized Storage BOSS Cables and Bracket for R760 (Riser 1) 4

Quick Sync No Quick Sync 2

Password iDRAC Force Change Password for OCP cards 2

Group Manager iDRAC Group Manager, Disabled 2

Embedded Systems Management Embedded Systems Management 2 Dell Connectivity Client - Disabled 2 iDRAC9, Enterprise 16G 2 Rack Rails Cable Management Arm, 2U 2 Rack Rails ReadyRails Sliding Rails (B21) 2

Server Accessories Fan Foam, HDD 2U 2 SHIPPING PowerEdge R760 Shipping 2

Shipping Material PowerEdge R760 Shipping Material 2 Regulatory PE R760 CCC Marking, No CE Marking 1

Memory Capacity 32GB RDIMM, 5600MT/s, Dual Rank 8

Hard Drives 20TB Hard Drive SAS 12Gbps 7.2K 512e 3.5in Hot- Plug AG Drive 9

Power Cords Power Cord - NEMA 5-15P to C13, 3M, 125V, 15A 4

Advanced System Configurations UEFI BIOS Boot Mode with GPT Partition 2 Operating System No Operating System 2

OS Media Kits No Media Required 2 Embedded Systems Management Dell Connectivity Module 2

Dell Secure Onboarding Dell Secure Onboarding Client Disabled 2

System Documentation No Systems Documentation, No OpenManage DVD Kit 2

Service Standard Hardware Support Service ProSupport Plus Mission Critical 7x24 Technical

Support and Assistance 7 Years 2

ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 4 Years Extended 2

ProSupport Plus Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 3 Years 2

Standard Hardware Support Service Dell Hardware Limited Warranty Plus On-Site Service 2

Dell Server Components Minimum recommendations

Pine Ridge

R550

72TB

Archive

No Trusted Platform Module ✓ Chassis Configuration-3.5" Chassis with up to 8 hot plug hard drives, (SAS/SATA) 2CPU, V3 ✓ Processor--Intel Gold 5315Y 3.2G, 8C/16T, 11.2 GT/s, 12M Cache,Turbo 2 Memory Configuration--Performance Optimized ✓ Memory DIMM Type-Speed 5600MT/s-32GB units 4 RAID Configuration-Unconfigured RAID ✓ RAID Controller, Front PERC H755 Front Load ✓ Storage-20TB Hard Drive SAS 12Gbps 7.2K 512e 3.5in hot plug, AG Drive 5 BIOS and Advanced Ssytem Configuration Settings-Performance BIOS Setting ✓ Advanced System Configuration--UEFI BIOS Boot Mode with GPT Partition, no Energy Star ✓ Dual, Fully Redundant, Hot Swap Power Supplies 1100W MM(100-240Vac) Titanium ✓ 2 Power cords ✓ Bezel-PowerEdge LCD Bezel ✓ Boot Optimized Storage Cards--BOSS-S2 controller card + with 2 M.2 480GB (Raid 1) Hot-plug, V2 ✓ No OS, No media ✓ Embedded Systems Management-Dell Connectivity Client Enabled and iDRAC9, Enterprise 15G ✓ No Quick Sync ✓ Password-iDRAC, Factory Generated Password ✓ iDRAC Service Module NOT installed, Group Manager Disabled ✓ Rack Rails-order if needed ?

No internal drive ✓ Support Services--Extended Services ProSupport and Next Business Day Onsite Service for 7 years (maximum) ✓ Support Service upgrade if desired-ProSupport and 4HR Misssion Critical for 7 years ?

No field deployment-Customer install required ✓

Rosebud

R550

36TB

Archive

No Trusted Platform Module ✓ Chassis Configuration-3.5" Chassis with up to 8 hot plug hard drives, (SAS/SATA) 1CPU, V3 ✓ Processor--Intel Gold 5315Y 3.2G, 8C/16T, 11.2 GT/s, 12M Cache,Turbo 1 Memory Configuration--Performance Optimized ✓ Memory DIMM Type-Speed 5600MT/s-32GB units 4 RAID Configuration-Unconfigured RAID ✓ RAID Controller, Front PERC H755 Front Load ✓ Storage-16TB Hard Drive SATA ISE 6Gbps 7.2K 512e 3.5in Hot-Plug, AG drive 4 BIOS and Advanced Ssytem Configuration Settings-Performance BIOS Setting ✓ Advanced System Configuration--UEFI BIOS Boot Mode with GPT Partition, no Energy Star ✓ Dual, Fully Redundant, Hot Swap Power Supplies 1100W MM(100-240Vac) Titanium ✓ 2 Power cords ✓ Bezel-PowerEdge LCD Bezel ✓ Boot Optimized Storage Cards--BOSS-S2 controller card + with 2 M.2 480GB (Raid 1) Hot-plug, V2 ✓ No OS, No media ✓ Embedded Systems Management-Dell Connectivity Client Enabled and iDRAC9, Enterprise 15G ✓ No Quick Sync ✓ Password-iDRAC, Factory Generated Password ✓ iDRAC Service Module NOT installed, Group Manager Disabled ✓ Rack Rails-order if needed ?

No internal drive ✓ Support Services--Extended Services ProSupport and Next Business Day Onsite Service for 7 years (maximum) ✓ Support Service upgrade if desired-ProSupport and 4HR Misssion Critical for 7 years ?

No field deployment-Customer install required ✓

R360 3TB Archive

Ft. Thompson Lower Brule

Wagner

R360 8TB Archive

Woodrow Wilson (Keeble) & Ft. Yates/

McLaughlin

No Trusted Platform Module ✓ ✓ Chassis Configuration-3.5" Chassis with up to 4 hot plug hard drives, Front PERC 11 ✓ ✓ Processor--Intel Xeon 6 Performance 6369P 3.3G, 8C/16T, 24M Cache, Turbo ✓ ✓ Memory Configuration--Performance Optimized ✓ ✓ Memory DIMM Type-Speed 5600MT/s-16GB units 2 2 RAID Configuration-Unconfigured RAID ✓ ✓ RAID Controller, Front PERC H755 Front Load ✓ ✓ Storage-4TB 7.2K RPM SATA 8Gbps 3.5in hot plug hard drives 2 -- Storage-12TB 7.2K RPM SATA 8Gbps 3.5in hot plug hard drives -- 2

BIOS and Advanced Ssytem Configuration Settings-Performance BIOS Setting ✓ ✓ Advanced System Configuration--UEFI BIOS Boot Mode with GPT Partition, no Energy Star ✓ ✓ Dual Redundant, Hot Swap Power Supplies ✓ ✓ 2 Power cords ✓ ✓ Bezel-PowerEdge LCD Bezel ✓ ✓ Boot Optimized Storage Cards--BOSS-S2 controller card + with 2 M.2 480GB (Raid 1) Hot-plug, V2 ✓ ✓ No OS, No media ✓ ✓ Embedded Systems Management-Dell Connectivity Client Enabled and iDRAC9, Enterprise 15G ✓ ✓ No Quick Sync ✓ ✓ Password-iDRAC, Factory Generated Password ✓ ✓ iDRAC Service Module NOT installed, Group Manager Disabled ✓ ✓ Rack Rails-order if needed ✓ ✓ No internal drive ✓ ✓ Support Services--Extended Services ProSupport and Next Business Day Onsite Service for 7 years (maximum) ✓ ✓ Support Service upgrade if desired-ProSupport and 4HR Misssion Critical for 7 ? ?

No field deployment-Customer install required ✓ ✓

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 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.

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.

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…

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