RFQ - ELEVATOR UPGRADE.docx

DOCX document 66 KB Posted May 26, 2022

Attached to: Modernization of four Hydraulic Elevators - Albuquerque Service Unit & Mescalero Service Unit
Solicitation number: 667-AAO
Issued by: Department of Health and Human Services Indian Health Service

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Scope of Work for ASU-MSU Elevator Modernization v2.pdf	PDF	May 26, 2022

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SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

1.1	SERVICES
	1.1.1	The Indian Health Service (IHS)/Albuquerque Area Office (AAO), Albuquerque Service Unit (ASU) and Mescalero Service Unit (MSU) have requirements for the modernization of four (4) hydraulic elevators: one (1) is located at MSU and three (3) are located at Albuquerque Indian Health Center.
	The elevator at MIH shall be modernized first. The elevator at MIH has two (2) stops (1st and 2nd floor). MIH is located at 318 Abalone Loop, Mescalero, NM 88340.
	The elevators at AIHC shall be modernized one at a time. The three elevators at AIHC are as follows: the south elevator has two (2) stops (1st and 2nd floor); the east elevator has three (3) stops (1st, 3rd, and 4th floors); and the central elevator has four (4) stops (1st, 2nd, 3rd, and 4th floors). AIHC is located at 801 Vassar Drive, NE, Albuquerque, NM 87106.
1.2	PRICE OR COST
	This will result in one Firm-Fixed-Price (FFP) purchase order.
1.3	GENERAL CONTRACT INFORMATION
	1.3.1	This is a non-personal service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, a contract under which the personnel rendering the services are not subject, the contract’s terms or the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
	1.3.2	As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.
	1.3.3	The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.
	1.3.4	FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:
		Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at Telephone No. (505) 256-6749, AAO, Division of Contracts and Grants, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations.

1.4	CONTRACT PRICE
	1.4.1	This will result in an FFP purchase order. The total price for this contract is TBD.
	1.4.2	Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the awarded contract price.
	1.4.3	Upon delivery and acceptance the services described in the Performance Work Statement (PWS) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

ELEVATOR MODERNIZATION

Item #

Clinic

Description of Service

Total Amount

CLIN 1

Albuquerque Indian Health Center –

3 Elevators: Labor

$____________

CLIN 2

Albuquerque Indian Health Center -

3 Elevators: Parts & Supplies

$____________

CLIN 3

Mescalero Service Unit -

1 Elevator: Labor

$____________

CLIN 4

Mescalero Service Unit -

1 Elevator: Parts & Supplies

$____________

CLIN 5

NM GRT

Taxes (if applicable)

$____________

GRAND TOTAL:

$____________

1.4.4 The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below.

SECTION 2 – DEFINITIONS:

2.1	Acceptance: As stated in FAR, subpart 46.5, Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements and subject to other terms and conditions of the contract.
2.2	Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.
2.3	Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.
2.4	Blanket Purchase Agreement (BPA): is a simplified method of filling anticipated repetitive needs for supplies or services.
2.5	Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity.
2.6	Business Associate Agreement (BAA): A BAA is a contract between a HIPAA-covered entity and a HIPAA BA. The contract protects personal health information (PHI) in accordance with HIPAA guidelines.
2.7	Contract: This is a legal binding document between the Government and the Contractor.
2.8	Contractor: The individual award a legal binding contract to provide supplies and services.
2.9	Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
2.10	Contracting Officer's Representative (COR): A federal employee who assists the CO in the administration of this contract. The COR is primarily responsible for the technical assistance and day-to-day program management.
2.11	Customer: Patients, staff and visitors of an IHS service unit and health center.
2.12	Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.
2.13	Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.
2.14	Health Clinics/Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray, which are available at least 40 hours a week for outpatient care.
2.15	Non-Personal Services: A contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in FAR 37.401
2.16	Ordering Activity: An authorized user of IHS that may issue a purchase order to obtain required services under this contract.
2.17	Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center.
2.18	Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.
2.19	Patient Outcome: End result of pharmaceutical care.
2.20	Performance Based Matrix: Lists the services and the standards to be applied.
2.21	Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards.
2.22	Point of Contact: Person other than the COR or the Alternate COR
2.23	Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance.
2.24	Service Unit: The local administrative unit of IHS.
2.25	Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable.
2.26	Technical Direction: A directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor.
2.27	Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.
2.28	Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor.

SECTION 4 – CONTRACTOR-FURNISHED ITEMS

4.1 Except for the property specified in Section G, Contractor will supply all other items as required to carry out the services.

SECTION 5 – STATEMENT OF WORK

5.1 General:

The Indian Health Service has four (4) hydraulic ThyssenKrupp elevators in need of modernization. One (1) elevator is located at the Mescalero Indian Hospital (MIH) and three (3) elevators are located at the Albuquerque Indian Health Center (AIHC).

The elevator at MIH shall be modernized first. The elevator at MIH has two (2) stops (1st and 2nd floor). MIH is located at 318 Abalone Loop, Mescalero, NM 88340.

The elevators at AIHC shall be modernized one at a time. The three elevators at AIHC are as follows: the south elevator has two (2) stops (1st and 2nd floor); the east elevator has three (3) stops (1st, 3rd, and 4th floors); and the central elevator has four (4) stops (1st, 2nd, 3rd, and 4th floors). AIHC is located at 801 Vassar Drive, NE, Albuquerque, NM 87106.

Project Description:

1. All work shall be performed in accordance with the most recent version of ASTM A17.1 and all other applicable codes and standards.

2. Proposal shall clearly show the total cost of modernization for each of the four elevators.

3. Inspect and test power unit for each elevator to be modernized. If out of date or not working within acceptable pressure and fluid flow ranges, propose to replace with new components as necessary, and/or redesign power unit as necessary to modernize.

4. For each elevator to be modernized propose to replace existing control valve with a new, properly sized, electronic control valve.

5. Evaluate the use of inverters and/or variable voltage variable frequency (VVVF) drives (with and without recovery) for decreased energy consumption, protection against electrical surges, reduction in audible noise, and improved ride performance. If energy savings can be shown to have a return on investment of less than 10 years, propose to include an inverter and/or VVVF drive in the modernization of those elevators.

6. Propose to replace all existing hydraulic fluid with a bio-based hydraulic fluid with lower or no toxicity. Submit product information, with manufacturer’s Safety Data Sheet (SDS).

7. Propose to remove the existing controllers in each elevator to be modernized and replace with a new solid-state controller.

8. Inspect and test jack assemblies on each elevator to be modernized. Include: cylinders; pistons/plungers; jack heads; packings and flanges; casings; and protection (if any). Justify upgrades or replacements.

9. Inspect each elevator system for any overspeed or pipe rupture valves. If not equipped, propose furnishing and installing an appropriately sized overspeed / pipe rupture valve.

10. Inspect and evaluate the oil line silencer on each elevator to be modernized. If absent, propose the installation of a new silencer. If present, determine if a new silencer is merited. Provide justification to replace with new.

11. Inspect and evaluate the car sling platform of each elevator to be modernized. Provide explanation for components determined needing replacement. Propose to remove and replace components as necessary.

12. Propose to remove platform isolation on each elevator being modernized and replace with new, resilient, isolation absorbing material.

13. Inspect and evaluate all guide components along elevator rails. Propose to remove and replace with new components as necessary. Provide an explanation.

14. Inspect and evaluate all buffers and counterweight components for all elevators to be modernized. Propose to remove, properly dispose of, and replace with new components as necessary. Provide an explanation.

15. Propose to remove existing cab lighting in each elevator and replace with new LED lights.

16. Propose to remove existing cab buttons and indicators in each elevator and replace with new buttons and indicators. Include new wall panels, as necessary, to provide a new, contiguous, appearance.

17. Propose to replace all existing landing buttons, lights, and position indicators, with new buttons, lights and indicators. Include wall patching and painting as needed to avoid an unfinished appearance.

18. Propose to remove the ceiling in each elevator and replace with a new ceiling from one of the standard ceiling choices available.

19. Propose to remove existing wall finishes in each elevator and replace with wall finishes/panels from one of the standard wall choices available.

20. Propose to remove existing floors in each elevator and replace with new flooring that provides a slip resistant, durable, maintainable surface. Options may include luxury vinyl planks, or 6th generation Nylon carpet tiles treated for stain and static resistance.

21. Inspect and test all door operators, guides, and related components. Propose to replace with new components as necessary for ‘like new’ operation. Doors and related hardware can be reused if determined to be in very good condition or better.

22. Propose to upgrade safety sensors to prevent door closure injuries for all elevators.

23. Propose to remove existing in cab emergency communication equipment and replace with new, up-to-date, code-compliant equipment. Include installation and termination of communication lines as necessary.

24. Proposed energy-consuming components shall be selected from products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP), as applicable. Alternative products may be proposed with justification based on product availability, functionality or life-cycle cost analysis.

25. Proposal shall include all parts, supplies, and applicable taxes to complete the scope of work outlined above. NOTE: This is a Federal project and parts and supplies are tax-exempt.

26. Proposal shall include all labor, equipment, and transportation taxes to complete the scope of work outlined above. NOTE: This is a Federal project and wages paid must comply with current Federal labor requirements.

27. Proposal shall include a full, one year, parts and labor warranty on all work performed in the above outlined scope of work.

28. Any work deemed necessary by the bidder can be included as a separate line item in their proposal.

Miscellaneous:

29. Performance shall be in accordance with the terms, conditions, requirements and representations contained in this solicitation, any pertinent OSHA Occupational and Safety regulations, and any State and/or local regulations, laws and codes.

30. The Contractor shall furnish all labor, equipment, materials, and supplies necessary to complete this Scope of Work. The Contractor shall work with the Owner to access, close and restrict work areas in a manner that minimizes disruption to ongoing patient care activities. Normal business hours 8am-4:30pm, Monday through Friday.

31. Where installation requires materials, fittings, etc. to complete the installation, the Contractor shall ensure that all provided materials are new, non-refurbished, and free from defects.

32. The Contractor shall maintain access to existing walkways, corridors, and other adjacent facilities as much as possible during work hours. Avoid closing or obstructing walkways, corridors and other in-use areas without permission from the Owner.

33. The contractor shall keep the working area clean on a daily basis and dispose of debris outside the facility premises in accordance with the local regulations.

34. Contractor shall not interrupt utility services to the facility without prior authorization from the Owner.

35. Contractor shall have umbrella liability insurance of at least $500,000

36. If Owner-provided equipment (e.g. ceiling tiles or ceiling tile grid) is damaged by the Contractor during the installation, the Contractor will immediately replace the damaged equipment at no cost to the Owner. 37. The Contractor shall provide product information, user manuals and installation/labor warranties to Owner.

38. Use of tobacco products and other controlled substances on Project site is not permitted.

39. Contractor shall follow current local COVID-19 protocols for healthcare settings.

40. Contractor shall comply with local policies of maintaining drug-free and tobacco-free workplaces.

5.2	Work Schedule:
5.2.1	Work Shift: Facility day time hours of operation are 8:00 AM – 5:00 PM MDT, Monday through Friday (excluding Federal holidays). Hours are subject to change according to availability, deliveries, etc., as to be determined by the Contacting Officer’s Representative (COR), point of contact (POC) or the Project Manager.

	5.2.3	Scheduling of Shifts: The COR or POC at the IHS facility will determine specific tour of duty. The contractor's employee must work 100% of the contracted hours.
	5.2.4	Work Flexibility: As directed by the COR, the Contractor's employee must rotate into other duty sections as needed to support patient care.
	5.2.5	Work Absence: The Contractor will perform and obtain approval of the COR and Alternate COR prior to any absence from work. If the length of the absence exceeds working hours the Contractor must request from agency approval at least fifteen (15) days, (the exception is verifiable emergencies) in advance of the desired absence.
	5.2.6	The Contractor must perform and maintain documentation from a qualified health care provider for absences of three (3) or more consecutive days, due to illness, stating:
		5.2.6.1	The cause of the current illness or incapacitation AND
		5.2.6.2	Indicating the Contractor as contagious or non-contagious.
		5.2.6.3	The Government reserves the right to examine and or re-examine any Contractor who meets the criteria.
5.3	Performance Evaluation:
	5.3.1	The Contractor will be responsible for performing the work specified in the proposal.
5.5	Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.
5.6	Conditions of Contract Services
	5.6.1	The contractor must be subject to character investigation as required by Public Law 101-360, the Indian Health Child Protection and Family Violence Prevention Act prior to performance of a contract by utilizing the US Office of Personnel Management (OPM), Electronic Questionnaire for Investigation Processing (eQIP) system and this shall include all fingerprinting procedures and clearances. The contractor must provide all requested information necessary to perform Level I and Level II background checks. The contractor must comply with the requirement to obtain security investigations. The contractor must work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed within 7 business day of receipt. Failure to abide by this 7 business day submission timeframe will result in termination of your contract under 52.249-1 Termination for Convenience of the Government (Fixed Price) Short Form (April 1983). The contractor will review all completed forms and forward onto the Government personnel. The contractor will be immediately removed from the position (at any time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known.
	5.6.2	Identification of Contractor: The Contractor must wear a government issued contractor identification badge during performance of duty. After 120 day’s PIV cards are issued at the Service Unit.

5.7. CONTRACTOR QUALIFICATION REQUIREMENTS:

	5.7.1	Motor Vehicle Operator's License: Contractors will not operate any Government-Owned vehicles. If required, they allowed only as passengers in the Government-Owned Vehicle driven by a Federal employee.
	5.7.2	Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5-27.3(B)(9) of the Indian Health Manual.
5.9	When the Contractor demonstrates impaired judgement, they cannot continue working on the Purchase or Task Order No. 75H70722XXXXXXX. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.
	6.1	APPLICABLE DOCUMENTS:
	6.1.1	Please see the web link listed below:
	6.1.2	List of Attachments:
	6.1.3	Exhibits:

MODERNIZATION OF SOLICITATION NO. 667-AAO Page 4 of 27

HYDRAULIC ELEVATORS MESCALERO SERVICE UNIT & ALBUQUERQUE SERVICE UNIT

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN

Performance-Based Task

Indicator

Standard

Quality Assurance

Incentives

Workers will perform the following:

1. Upgrade of elevators (other examples detailed in proposals)

Work Orders Deficiency Listings Outstanding – 100% of work orders and deficiency listings have been completed Acceptable – 80 to 99% of work orders and deficiency listings have been completed Satisfactory – 65 to 80% of work orders and deficiency listings have been completed.

Will be monitored on a periodic basis when services are being performed. Final determination will happen when jobs have been completed.

Outstanding - payment will not be held up.

Acceptable - payment could be held up depending the level of cleaning.

Satisfactory – payment will be held up until areas have been clean to the level of either Satisfactory or Outstanding.

Workers will perform the following:

1. Upgrade of elevators

Specific tasks outlined in proposals & SOW

Outstanding – 100% of upgrades have been completed.

Acceptable – 80 to 99% of upgrades have been completed.

Satisfactory – 65 to 80% of upgrades have been completed.

Will be monitored on a periodic basis when services are being performed. Final determination will happen when all upgrades has been have been completed.

Outstanding - payment will not be held up.

Acceptable - payment could be held up depending the level of cleaning.

Satisfactory – payment will be held up until areas have been clean to the level of either Satisfactory or Outstanding.

SECTION 7 - PACKAGING AND MARKING

7.1	PACKAGING
	All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.
7.2	MARKING
	Each package/container delivered to the address shown in Section G.1.3 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:
	•	Name of Contractor
	•	Contract Number
	•	Description of Items Contained Therein
	•	Consignee's Name and Address
7.3	DELIVERY

All deliverables delivered to the following addresses:

Albuquerque Indian Health Center

801 Vassar Drive NE

Albuquerque, NM 87110

(505) 248-4088

Mescalero Service Unit

PO Box 210

318 Abalone Loop

Mescalero, NM 88340

(575) 464-4441

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1	INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.
8.2	FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES
	FAR Clause No.
	Title
	Date

52.246-4

Inspection of Services – Fixed Priced

(Aug 1996)

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1 PLACE OF PERFORMANCE: The contractor must provide Network Upgrade Installation to the following Albuquerque Service Unit Indian Health Service Facilities:

Albuquerque Indian Health Center

801 Vassar Drive NE

Albuquerque, NM 87110

(505) 248-4088

Mescalero Service Unit

PO Box 210

318 Abalone Loop

Mescalero, NM 88340

(575) 464-4441

9.3 GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)

New Year's Day	Martin Luther King's Birthday
President's Day	Memorial Day
Independence Day	Labor Day
Columbus Day	Veteran's Day
Thanksgiving Day	Christmas Day
*Any other day specifically declared by the President of the United States to be a national holiday (see www .opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

10.1	AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.
10.2	CONTRACTING OFFICER
	The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:
		Shandiin DeWolfe, (CO)
		Indian Health Service/Division of Contracts & Grants Management (DCGM)
		4101 Indian School Road NE, Suite 225
		Albuquerque, NM 87110
		Phone: 505-256-6755
		Email: Shandiin.DeWolfe@ihs.gov
	Sent all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

10.3	CONTRACTING OFFICER'S REPRESENTATIVE (COR)
	10.3.1	Sandra Bitsie, (505) 256-6799, Sandra.Bitsie@ihs.gov, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.
	10.3.2	The COR’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.
10.4	TECHNICAL MONITORING
	(a)	Performance of work under this contract must be subject to the technical direction of the COR identified above, or designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.
	(b)	Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that
		(1)	Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;
		(2)	Constitutes a change as defined in the clause entitled "Changes;"
		(3)	In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
		(4)	Changes any of the terms, conditions, or specification(s)/work statement of the contract;
		(5)	Interferes with the Contractor's right to perform under the terms and conditions of the contract; or
		(6)	Directs, supervises or otherwise controls the actions of the Contractor's employees.
	(c)	Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
	(d)	The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.
	(e)	Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."
10.5	INVOICE SUBMISSION
	10.5.1	The Contractor shall submit invoices once per month or more frequently as required. These invoices will now be submitted online via IPP (see Section 10.5.5). Advance payments will not be issued by Finance unless stated herein.
		* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.
		In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests”
		IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

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

	If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov
10.5.5	HHSAR 352.232-71 - 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)
10.5.4	Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.
10.5.5	All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.
	FAR 52.212-4(g) Invoice.
	(1)	The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
		(i)	Name and address of the Contractor;
		(ii)	Invoice date and number;
		(iii)	Contract number, line item number and, if applicable, the order number;
		(iv)	Description, quantity, unit of measure, unit price and extended price of the items delivered;
		(v)	Shipping number and date of shipment, including the bill of landing number and weight of shipment if shipped on Government bill of landing;
		(vi)	Terms of any discount for prompt payment offered;
		(vii)	Name and address of official to whom payment is to be sent;
		(viii)	Name, title, and phone number of person to notify in event of defective invoice; and
		(ix)	Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
		(x)	Electronic funds transfer (EFT) banking information.
			(A)	The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
			(B)	If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
			(C)	EFT banking information is not required if the Government waived the requirement to pay by EFT.
	(2)	Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
	(3) Per the Accounts Payable Office, failure to submit invoices to the Department of Accounting Services can result in delayed payment of your invoice.
10.5.6	In accordance with OMB Memorandum, M-11-32; Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. For a small business contractor not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."
10.5.7	Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.
10.5.8	In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.
10.5.9	Failure to submit via IPP will delay prompt payment of your invoice.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1	CONTRACTOR PERFORMANCE EVALUATION REPORT
	11.1.1	During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.
	11.1.2	Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.
11.2	SECURITY
	a.	To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.
	b.	To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:
		(i)	HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/
		(ii)	HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html
		(iii)	Reserved
		(iv)	HHS HSPD-12 Implementation Policy (draft)
	c.	The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.
	d.	Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.
	e.	Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).
	f.	Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.
	g.	Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.
	h.	Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

11.3	REFERENCES: The work performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMS, HHS, NIST, and US Cert. Statutes and Acts generally applicable to IHS security include, but are not limited to the following:
		•	Health Information Technology for Economic and Clinical Health Act
		•	Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title Ill).
		•	OMB Circular A-130 and Appendix Ill, Security of Federal Automated Information Resources
		•	OMB Circular A-11, Preparing, Submitting, and Executing the Budget
		•	Presidential Decision Directive 63 (POD 63)
		•	NIST Special Publications - 800 Series
11.4	IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES
	A.	The Contractor not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70)
	B.	Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.
	C.	The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Obtain prior approval before dissemination of information from the Government Contracting Officer for the release or dissemination of information related to this contract.
11.5	ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE
	11.5.1	Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract. All data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.
	11.5.2	Copies of the final Reports and Deliverables under each task must officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.
	11.5.3	Works other than Software Development or Enhancements
	11.5.4	No software will be developed, modified, or enhanced under this acquisition.

SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

12.1	CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)
	This Contract incorporates FAR provisions/clauses referenced, 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 full text of a clause accessed electronically at this website address: FAR - https://www.acguisition.gov/far/index.html.
	FAR Clause
	Title
	Date

52.203-3

Gratuities

Apr 1984

52.203-5

Covenant against Contingent Fees

May 2014

52.203-6

Restrictions on Subcontractor Sales to the Government

Sep 2006

52.203-7

Anti-Kickback Procedures

May 2014

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

May 2014

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-9

Personal identity Verification of Contractor Personnel

Jan 2011

52.217-8

Option to Extend Service

Nov 1999

52.217-9

Option to Extend Term of the Contract

Mar 2000

52.222-17

Non-displacement of Qualified Workers

May 2014

52.223-6

Drug-Free Workplace

May 2001

52.224-1

Privacy Act Notification

Apr 1984

52.224-2

Privacy Act

Apr 1984

52.229-3

Federal, State, and Local Taxes

Feb 2013

52.232-11

Extras

Apr 1984

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

Dec 2013

52 .233-4

Applicable Law for Breach of Contract Claim

Oct 2004

52.237-3

Continuity of Services

Jan 1991

52.239-1

Privacy or Security Safeguards

Aug 1996

52.242-13

Bankruptcy

Jul 1995

52.242-15

Stop-Work Order

Aug 1989

52.245-1

Government Property

Jan 2017

52.249-8

Default (Fixed-Price Supply and Service)

Apr 1984

52.253-1

Computer Generated Forms

Jan 1991

Following Clauses in Full Text:

12.2	52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (NOV 2021)
	(a)	Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
		(1)	Within a reasonable time after the defect was discovered or should have been discovered; and
		(2)	Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
	(b)	Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
	(c)	Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
	(d)	Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
	(e)	Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
	(f)	Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
	(g)	Invoice.
		(1)	The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
			(i)	Name and address of the Contractor;
			(ii)	Invoice date and number;
			(iii)	Contract number, line item number and, if applicable, the order number;
			(iv)	Description, quantity, unit of measure, unit price and extended price of the items delivered;
			(v)	Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
			(vi)	Terms of any discount for prompt payment offered;
			(vii)	Name and address of official to whom payment is to be sent;
			(viii)	Name, title, and phone number of person to notify in event of defective invoice; and
			(ix)	Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
			(x)	Electronic funds transfer (EFT) banking information.
				(A)	The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
				(B)	If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
				(C)	EFT banking information is not required if the Government waived the requirement to pay by EFT.
		(2)	Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
	(h)	Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
	(i)	Payment.—
		(1)	Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
		(2)	Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
		(3)	Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
		(4)	Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
		(5)	Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

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