RFQ NO. 75H70725Q00065.pdf

75H70725Q00065

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/14/2025

1 37

4101 Indian School Rd NE, Suite 225 Albuquerque NM 87110

Albuquerque Indian Health Service Multiple

505 256-6755SHANDIIN DEWOLFE

04/25/2025 1730 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Department of Health and Human Services (DHHS), Albuquerque Area Indian Health Service (IHS), Division of Contracts and Grants Management (DCGM), anticipates awarding a single firm-fixed price type order for one (1) Pharmacist to provide Non-Personal Healthcare Services at the Ute Mountain Ute Health Center (UMUHC), part of the Southern Colorado Ute Service Unit (SCUSU), located in Towaoc, CO, starting TBD, 2025 through TBD, 2025, as a result of this opportunity. These services are needed to start as soon as possible.

CASCADING SET-ASIDE

Under the Buy Indian Act, 25 U.S.C. 47, through Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70725Q00065 the transfer of authority from the Department of

Interior to HHS, offers will be solicited from

Indian Small Business Economic Enterprises (see

HHSAR Subpart 326.6) that are also small business concerns. If there is not enough competition and/or reasonably priced offers received from the

ISBEE set-aside, then quotes will be considered for award to other small business concerns. Any acquisition resulting from this cascading set-aside will be from such a concern as follows:

1st Tier: Indian Small Business Economic

Enterprise (ISBEE)

2nd Tier: All Other Small Business Concerns

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

Solicitation No.

Project Title One (1) Pharmacist – Ute Mountain Ute Health Center

SECTION B – CONTINUATION

This is a combined synopsis/solicitation for the Indian Health Service (IHS) for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This is a Request for Quote (RFQ) in accordance with FAR Part 12 – Commercial Items and FAR Part 13 – Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621399 with a small business size standard of $10.0 million.

1. PLACE OF PERFORMANCE

Ute Mountain Ute Health Center 232 Rustling Willow St, Complex D Towaoc, CO 81334-5062

2. CONTRACT TYPE

The Department of Health and Human Services (DHHS), Albuquerque Area Indian Health Service (IHS), Division of Contracts and Grants Management (DCGM), anticipates awarding one single firm-fixed price type order for one (1) Pharmacist to provide Non-Personal Healthcare Services at the Ute Mountain Ute Health Center (UMUHC), part of the Southern Colorado Ute Service Unit (SCUSU), located in Towaoc, CO, starting TBD, 2025 through TBD, 2025, as a result of this opportunity.

This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor is required to indemnify the Government for any liability-producing act or omission by the contractor, its employees and agents occurring during contractor performance. The contract must maintain medical liability insurance. The contractor must maintain liability insurance in coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The contractor is required to ensure that its subcontract for provisions of health care services contain the requirement of the Clause 52.237-7, including the maintenance of medical liability insurance.

3. PERIOD OF PERFORMANCE (POP)

Performance will be for the base year only, unless the period is changed by written modification to the purchase order and option year renewal is dependent on satisfactory services, availability of funds for the appropriate fiscal year, and the requirement for recurring services. If the Government exercises the option pursuant to FAR 52.217-9 - Option to Extend the Term of the Contract (Mar 2000), the period of performance shall be extended in accordance with the following schedule:

Base Year: TBD, 2025 – TBD, 2026 1st Option Year: TBD, 2026 – TBD, 2027 2nd Option Year: TBD, 2027 – TBD, 2028 3rd Option Year: TBD, 2028 – TBD, 2029 4th Option Year: TBD, 2029 – TBD, 2030

Project Title

If Pharmacist services are no longer needed, due to the hiring of full-time staff, etc., it may be determined that this contract will be terminated. If this occurs, advance notice will be given to the Contractor and Contracting Agency.

4. PRICING SUMMARY

Upon delivery and acceptance of the services described in the Statement of Work (SOW) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth on the specified contract line items.

SCHEDULE OF CHARGES**

Item

Contract Period Pricing Total Amount

CLIN

Base Year:

TBD/2025 –

TBD/2026

1 Pharmacist x $________/hour x 40 hours/week x 52 weeks/year =

$______________/year

1st Option Year:

TBD/2026 –

TBD/2027

2nd Option Year:

TBD/2027 –

TBD/2028

3rd Option Year:

TBD/2028 –

TBD/2029

4th Option Year:

TBD/2029 –

TBD/2030

GRAND TOTAL (base year + option years):

* - Note- # of weeks is subject to change due to Federal Holidays, unexpected closures/delays, etc. Also, the start date is dependent on the background clearance of the Contractor, so this date is subject to change.

* - All-inclusive: The hourly rate shall be an all-inclusive rate of all other fees including: travel expenses; per diem;

lodging; all cities, state, federal, and local taxes; and miscellaneous cost associated with the above services.

***There is a fillable table attached for your usage or you may use a format of your own***

As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the responsibility of the Contractor, this includes the Colorado Gross Receipt Taxes (COGRT) for services provided in any county of the State of New Mexico. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

5. POINTS OF CONTACT (POC)

Contracting Officer (CO) Contract Specialist (CS)

Shandiin DeWolfe Shandiin DeWolfe

(505) 256-6755 (505) 256-6755

Project Title

Shandiin.DeWolfe@ihs.gov Shandiin.DeWolfe@ihs.gov

Contracting Officer’s Representative (COR) Contractor Point of Contact (POC)

Leanna VanKeuren Name:

Phone: To be distributed at award Phone:

Email: To be distributed at award Email:

6. STATEMENT OF WORK (SOW)

Background Information

Services are to be performed at the Ute Mountain Ute Health Center- Pharmacy Department, 232 Rustling Willow, Towaoc Colorado. Ute Mountain Ute Health Center (UMUHC) is located in rural SW Colorado, the health center is an ambulatory clinic with a pharmacy department providing services to the Native American communities in the 4 Corners region covering SW Colorado, NW New Mexico, NE Arizona and SE Utah. Staffing a Pharmacist is challenging due to the clinic's rural location and offer of a competitive wage. In order to provide patients with safe and quality care, there is a need to acquire a contract Pharmacist to fill the need.

The contractor shall provide appropriate Pharmacy Non-Personal Healthcare services, particularly focusing in the utilization of his/her professional training and experience in order to provide the following:

A. Contractor shall provide outpatient pharmacy services to patients ranging from neonate to geriatric.

B. The Contractor shall read and interpret prescriptions, computes dosages, weighs, measures and mixes medication and vaccines.

B. Contractor shall perform work in the following work areas as directed, screening patient Electronic Health Record (EHR) for appropriateness of the medication order or refill, verifying patient prescriptions are accurately filled, verifying instructions for use are clear, counseling patients to ensure proper use of the medication.

C. Contractor shall perform his/her duties in the outpatient Pharmacy Department.

D. The Contractor resolves problems related to clinical, chemical and therapeutic applications of drugs including biopharmaceutical effectiveness, utilization of new therapeutic agents and special formula dosage requirements.

E. The Contractor shall interpret prescriptions and dispense products prescribed, which require accuracy in dosage, and identification of therapeutic incompatibilities to avoid injury to the patient.

F. The Contractor shall review patient’s health record for therapeutic appropriateness including diagnosis/treatment, patient allergies and medication compatibility with other current medications (drug interaction screening).

G. The Contractor shall notify prescriber concerning any discrepancies, including specific directions for use, and precautions to assure proper protection for patient. As part of the dispensing process, instructs all patients on the proper use, actions, precautions and storage of their medications, such activity will be documented in the patient's health record.

H. The Contractor shall provide specialized expertise in the proper dosing of dangerous agents known to have narrow therapeutic benefit to toxic ratios. Shall also calculate dosage for prescriber on consultation, utilization specific to patient parameters and laboratory values.

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I. The Contractor shall specify proper techniques and special protection needs for storage, gives special attention to those agents influenced by light, humidity, temperature, containers, etc.

J. The Contractor shall inspect stock for possible changes which may result in deterioration, loss of potency, formulation of toxic products and/or undesirable results, inventories for stock levels, cleanliness and dating.

K. The Contractor shall maintain necessary legal records on controlled items and other prescription products.

L. Contract Pharmacist order-screening duties will include a thorough review of the patient's electronic health record to verify the appropriateness of therapy. The following screening duties list is not exhaustive, but rather constitutes the minimum expectation: appropriate dose for the condition, weight, age, and renal/hepatic function of the individual patient, appropriate medication for condition, monitoring for drug-drug or drug-disease interactions, and verification that day supply matches what is ordered.

M. Contract Pharmacist shall verify that the prescription was filled with the correct medication and that the directions are clear and easy to understand.

N. Contract Pharmacist shall counsel patient on the appropriate and safe use of their medications. Prior to calling the patient the pharmacist performs a quick rescreen of the order versus the patient's chart. During consultation, when appropriate, the pharmacist uses open-ended questions to assess the patients understanding of what they are taking, how they are to take it and what they should expect while taking the medication. The pharmacist documents any pertinent counseling details.

O. Contract pharmacist shall document their work appropriately in electronic health record.

P. Contractor shall be able to work with multicultural patients.

Q. Contractor shall perform other duties as assigned.

R. Contractor shall be able to work independently, opening and closing the pharmacy department when needed.

S. Contractor shall work independently at assigned work station. Emergencies or unusual problems are immediately reported to the Director of Pharmacy Services or their designee.

T. Contractor shall follow established clinic/pharmacy policies. When there are several appropriate solutions to a problem the contractor uses professional judgment in selecting a course of action.

U. The Contractor shall be responsible for all Pharmacy reports.

V. The Contractor shall complete the Service Unit P/P on documentation for employees in accordance with IHS, policies and procedures.

Physical Demands and work environment

A. Contractor must have the ability to lift 20 pounds and be able to bend, lift and pull.

B. Work environment involves possible exposure to hazardous materials, such as chemical, blood and blood borne pathogens.

Health Requirements

All registered pharmacist shall meet the following health requirements prior to assignment:

A. Evidence of current immunization status for Tetanus, Rubella, Rubella, and Hepatitis B (Positive titer)

Project Title

B. Evidence of negative PPD or chest X-ray if history of positive PPD, must be provided within 6 months of assignment.

C. Contractor may be asked to provide evidence of physical examination conducted within the preceding twelve

(12) months in which a physician certifies that he/she exhibits no medical condition, which would substantially interfere with the performance of his or her duties. A copy of a physical examination may be requested by the

COR.

Work Schedule:

The contractor shall provide professional pharmacist services at UMUHC located in Towaoc, Colorado within the Albuquerque Area Indian Health Service. The position will be for outpatient pharmacy services during business and clinical hours from 8:00am to 4:30 pm Monday through Friday. Federal holidays are observed and the health clinic is closed for business on those days. The contractor will work an 8-hour shift as determined by the Chief Pharmacist.

The Contractor may take a 30-minute lunch break during these hours. If the contractor chooses not to take the 30-minute lunch break, it cannot be invoiced as time worked. Travel to and from the facility/office site are not included in the tour of duty and cannot be invoiced as part of the tour of duty day. The Contractor shall not exceed 8-hours during a work day, unless prior authorized and approved for overtime and based on Government need. Any cancellations by the facility for pharmacist services less than two (2) hours prior to the beginning of the assignment will result in payment for two (2) hours of services.

Government Holidays

New Year’s Day Labor Day

Birthday of Martin Luther King Jr.

Indigenous Peoples Day (Columbus Day)

Washington’s Birthday

Veterans Day

Memorial Day Thanksgiving Day

Juneteenth National Independence Day

Christmas Day

Independence Day

*Any other day specifically declared by the President of the United States to be a national holiday (see https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/).

7. 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.

Performance Evaluation:

-The contractor must be able to meet the requirements of the services listed in the SOW to a satisfactory degree.

-The Contractor will immediately report to the COR any information or circumstances that may violate any statute, policy, or procedure, including any changes in applicable federal, state, county, or tribal regulations or licensure requirements that may affect the services that are received.

Project Title

-Review and approval of work shall be performed by the contracting officer or authorized representative. Evaluation of services performed under this contract will be made jointly by the contractor and government Project Officer during the term of this contract, and results of such evaluation be made part of the contract file.

-The evaluation report will be directed towards progress made in meeting the contract objectives. Evaluation will be conducted on a date mutually agreed to between the contractor and Government Project Officer.

Quality Assurance

The work of the contractor is subject to review as part of the Service Unit Quality Assurance Program (Competency).

Review will consist of assignments accomplished and supervisory review of work. The contractor is required to correct any deficiencies identified. Failure to take corrective action may result in termination of the contract. The contract may also be terminated for cause if facilities are endangered or harmed as a result of the contractor's action.

Contractor Performance Evaluation Report

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.

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.

Contractor Discrepancy Report (CDR)

In the event of unsatisfactory contract performance, the Contract Officer (CO) will issue a CDR that will explain the circumstances and finding concerning the incomplete or unsatisfactory service. The Contractor shall acknowledge receipt of the CDR and respond in writing as to how they correct the unacceptable performance and avoid recurrence. The Government shall review the Contractor’s corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of Contractor performance when determining present or future contractual obligations.

8. INVOICE SUBMISSION

The Contractor shall submit invoices daily, weekly, or monthly as necessary. Advance payments will not be issued by Finance unless stated herein. Upload complete invoice with all required documentation to:

https://www.ipp.gov

Please do not send any invoices or any invoice-related documents (such as deliverables, reports or balance statements) to the Contracting Officer or Finance Department. Failure to upload required documents directly to the website listed above will delay prompt payment of your invoice.

Additionally, the Contractor is required to include the Unique Entity Identifier (UEI) on each invoice. For additional information about the UEI (hhtps://www.sam.gov).

Request for Taxpayer Identification Number and Certification

A W-9 form shall be submitted to the Albuquerque Area Indian Health Service Division of Accounting Services by either of the following:

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1. Encrypted Email: ALB_AOAPinvoices@ihs.gov or

2. Secure Fax: (505) 256-6851

Failure to submit the required form W-9 to the office(s) listed above will delay issuance of the IRS 1099 Form.

Credit memos will not be accepted as a form of refund. All refunds are to be submitted via a check addressed to:

Albuquerque Area Indian Health Service Division of Accounts Receivable 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

9. SPECIAL CONTRACT REQUIREMENTS

A. Fingerprinting Requirements for Security and Suitability: Prior to the start of services, the Contractor must contact the Contracting Officer’s Representative (COR) to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations. Services cannot start until successful completion of background clearance, including a criminal history background investigation, with an official start date. Due to internal process requirements, this clearance may take up to six (6) months. Potential candidates should be made aware of this and factor into “Availability.”

B. Indian Health Child Protection and Family Violence Prevention Act: The contractor will 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 application (e- APP) and shall include all fingerprinting procedures and clearances. The contractor will provide all requested information necessary to perform Level I and Level II background checks. The contractor will comply with the requirement to obtain security investigations. The contractor will work with the IHS to ensure that the preemployment screening process includes the appropriate investigation questionnaires and forms to be completed. All completed forms will be reviewed by the contractor and forwarded to 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).

C. Orientation/Training: Facility specific orientation/training necessary for the Contractor to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training provided ONLY if the subject matter is necessary to improve or enhance the quality of services or includes mandates made by the IHS Service Units/Health Centers while the providers are working under this contract. Training not provided for the purpose of continuing education, career development or individual development.

1. Protecting Children from Sexual Abuse: As stated in IHM Circular 19-05: Contractor Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Children from Sexual Abuse by Health Care Providers. Each Contractor shall take this training within 30 days from their start date at the service unit.

Certificate shall be provided to the COR.

2. Overview of Trauma-Informed Care and Historical Trauma training for Non-Personal Healthcare Services: (i.e., MLTs, RN, Physician, etc.). Certificate shall be provided to the COR.

3. Information System Security Awareness (ISSA) Training: Contractors who utilize the IHS information system or accesses or connects to the IHS network must complete the ISSA training 24 hours of receiving access and annually thereafter. The online ISSA training is located at http://www.ihs.gov/issa. Contractor access will be revoked unless and until the training is completed. An exception can be made if the user has read and signed the IHS Quick Guide to Information Security, in which case the contractor will have 30 days to complete the training.

Course certifications must be provided to the COR upon completion and annually thereafter.

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▪ Review section 7.5.1 of the Indian Health Service General User Security Handbook which covers ISSA training to support this requirement of all contractors who access our information system network.

D. HHS Information Systems:

1. 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 or Level 2.

2. 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:

a. HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/

b. HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

c. HHS HSPD-12 Implementation Policy (draft)

3. 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.

4. The 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.

5. 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).

6. 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 an HHS-controlled facility, or any combination of these three.

7. Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

8. 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.

E. Implementation Guidance: The work performed under this contract will assist IHS in 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

F. Identification and disposition of data, reports, and other deliverables:

1. 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 Confidential Information Clause (HHSAR 352.224-70 and HHSAR 352.224- 71, section I.)

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2. 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.

3. 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.

SECTION C – CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order incorporates one or more clauses by reference and/or full text 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: https://www.acquisition.gov/?q=/browse/far/52

Per FAR Class Deviation 2025-02 Amendment 1: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR

Clause

Title Date

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures June 2020 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 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services Nov 2023 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 Mar 2023 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 Sep 2021 52.246-4 Inspection of Services – Fixed Priced Aug 1996 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2025)(DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

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(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Contractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4172); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

X (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328) __ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders- Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390, title II).

___ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L.

115-390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 __ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4))

Project Title

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9 _X_ (22) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) __ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024) (15 U.S.C.

657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644) __ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637)(a)(17)).

__ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O.13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

__ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627) __ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1

Project Title

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732),Public. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved] __ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.4505, 10

U.S.C.2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human

Project Title

Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)(41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (jun 2023) (Section 102 of Division R of Pub. L.

117-328)

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115- 390, title II). (B) Alternate I (Dec 2023) of 52.204-30

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

Project Title

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause.)

FAR 52.217-8 - OPTION…