RFQ No. 75H70725Q00121 - Clinical Psychologist (NSRTC).pdf

75H70725Q00121

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

07/07/2025

1 37

4101 Indian School Rd NE, Suite 225 Albuquerque NM 87110

Albuquerque Indian Health Service Multiple

505 256-6755SHANDIIN DEWOLFE

07/18/2025 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 one single firm-fixed price type order for one (1) Clinical Psychologist to provide Non-Personal Healthcare Services at the New Sunrise Regional Treatment Center (NSRTC) located in the Pueblo of Acoma, NM, starting TBD, 2025 through TBD, 2026, as a result of this opportunity.

CASCADING SET-ASIDE

Under the Buy Indian Act, 25 U.S.C. 47, through the transfer of authority from the Department of Interior to HHS, offers will be solicited from 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)

75H70725Q00121

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)

RFQ No.

Project Title One (1) Clinical Psychologist – NSRTC

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) 2025-04.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621330 with a small business size standard of $9.0 million.

1. PLACE OF PERFORMANCE

New Sunrise Regional Treatment Center 20 Mockingbird Drive Pueblo of Acoma, NM 87034-0317

This facility is located approximately 20 miles East of Grants, NM, and approximately 60 miles West of Albuquerque, NM.

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) Clinical Psychologist to provide Non-Personal Healthcare Services at the New Sunrise Regional Treatment Center (NSRTC) located in the Pueblo of Acoma, NM, starting TBD, 2025 through TBD, 2026, as a result of this opportunity.

These services are needed to start as soon as possible, dependent on the length of the background clearance.

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, as per FAR 17.207(c). 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

Project Title

4th Option Year: TBD, 2029 – TBD, 2030

If these 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 Clinical Psychologist x $____________/hour x 40 hours/week x 52 weeks/year =

$______________/year

OT Rate: $_________/hour x 10 hours/week (max) x

52 hours/week = $_______/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

Project Title

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.

* - OT will be scheduled as necessary and may include weekends and/or holidays.

* - 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 New Mexico Gross Receipt Taxes (NMGRT) 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

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

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

Laura Thomas Name:

Phone: To be distributed at award Phone:

Email: To be distributed at award Email:

6. STATEMENT OF WORK (SOW)

BACKGROUND/PURPOSE: This position will provide Non-Personal Healthcare Services at the New Sunrise Regional Treatment Center (NSRTC). The treatment center provides a system of care for adolescents with substance/mental health programs. The NSRTC is a 22-bed facility that delivers residential treatment service to an integrated, multi-disciplinary manner to clients, who are affected by chemical dependence, dysfunctional family behaviors, cross-cultural problems, and a full range of addiction problems complicated by mental disturbance, child neglect, and abuse. The services are integrated with the overall program services to residents who are being treated for substance abuse and corresponding mental health problems.

SCOPE: Assessment and Treatment. The Clinical Psychologist should function independently and will have primary responsibility for performing diagnostic, therapeutic, and administrative and supervisory duties as designated. The findings, conclusions, or recommendations of the Contractor are to be accepted as professionally-sound.

Project Title

The Contractor will provide the following tasks:

1. Provides assessment, diagnosis, psychotherapy utilizing a broad range of assessment and therapeutic resources as indicated by the specific needs of child, juvenile, and adult individuals and groups, and their families. Is responsible for completeness, timeliness, diagnostic and therapeutic pertinence and maintenance of clinical and medical psychology professional standards of care for services and documentation.

2. Provides outreach and direct-service delivery to community locations outside of the clinic setting, such as (but not limited to): telehealth services; schools; correctional facilities; hospitals; nursing homes; patient’s residences; places of employment; and locations off the reservation as required by the supervisors, to meet the needs of the beneficiaries.

3. Promotes and preserves a psychotherapeutic atmosphere among the professional treatment staff, participates in developing treatment programs for patients, and advises and consults with all levels of professional staff concerning psychological characteristics and behavioral changes of clients.

4. Provides individual, group, and family counseling sessions for patients.

5. Provides thorough and concisely-written documentation of evaluations, treatment and case management services, psychological test summaries, treatment plans, referrals, and correspondence.

6. Participates as a full-time member of the Behavioral Health team in formulating patient treatment plans and treatment recommendations through contribution of psychological and personality assessments and diagnostic evaluations, and knowledge of treatment modalities.

7. Conducts psychological tests and functions as an authoritative source of information for differentiating between organic and functional causes of emotional disturbances and/or behaviors.

8. Provide consultation to a wide variety of IHS Staff, including physicians and other health professionals, paraprofessionals, and mental health clinicians in providing and interpreting psychological evaluations and testing with complete responsibility for actions and advice. Provides professional consultation, as directed, to community resources and/or to segments of the organizations, other than those to which the Contractor is assigned, such as Tribal, State, Federal, and private agencies concerned with the direct welfare of IHS beneficiaries.

9. Coordination of services with providers, agencies, families, and individuals on an ongoing basis.

10. Provides outreach services as appropriate to the specialized needs of the Service Unit population. The Clinical Psychologist is responsible for learning about local traditions, tribal history, and community values and for providing services, which are sensitive to the culture and utilize the strengths in families and the community.

11. Provides community collaboration, which is required by performance appraisal standards, however patient care is of primary priority. All requests by outside entities for off-site activities must be approved by the Director of Behavioral Health.

12. Routine duties shall include providing behavioral health counseling, substance abuse counseling, and related mental health services to individuals eligible for services provided by the IHS in homes, schools, clinics, job sites, and other community locations, within the New Sunrise Regional Treatment Center (NSRTC).

DELIVERABLES AND DELIVERY SCHEDULE:

1. Performs professionally-sound diagnostic and therapeutic interventions in a complete and timely manner with therapeutic pertinence, adhering to Psychology Professional Standards of Care.

Project Title

2. Participates as a member of the treatment team in formulating patient treatment plans and treatment recommendations through contribution of psychological assessments, diagnostic evaluations, and knowledge.

3. Contractor shall work with varied staff levels with complex cases, requiring decisive, often times immediate care, and networking with tertiary-care centers and their staff.

4. Contractor shall be aware of the NSRTC Business Office requirements to ensure that Contractor’s services are billable for reimbursement by Medicaid and private insurance.

5. Complete all medical record documentation using the approved and required formats at NSRTC. Documentation of medical records shall be completed at the end of each clinic day. All information will be retained in the existing medical records system and used only in accordance with the Privacy Act.

6. Cooperate and collaborate with the NSRTC Medical Records Department to ensure that deficient and delinquent charts are completed in a timely manner with no such delinquencies greater than one week at a time.

7. Contractor shall meet with Clinical Director and/or Service Unit Team Lead after each clinic day to coordinate services and care provided.

The Contractor will also be responsible for maintaining or acquiring:

-Expert knowledge of psychological principles, theories, methods of behavioral health (mental health and substance abuse) problems, health promotion, disease prevention, programming, psychological evaluation and diagnosis, individual and group psychotherapy, crisis intervention, specialized psychological treatment modalities.

-Knowledge of behavioral health treatment, including substance abuse and dual diagnoses, with children and adolescents.

- Knowledge of supervisory and management skills and techniques for both administrative and clinical issues.

- Knowledge of the cultural, social, and economic characteristics of the tribes across various regions, resources and needs in both mental health and substance abuse prevention and treatment, and the ability to adapt mental health and substance abuse treatment principles to these patterns, and redesign or modify approaches to the IHS Behavioral Health Program.

- Ability to handle work that requires a high level of complexity. The work requires expert diagnostic and treatment skills, the ability to adapt counseling techniques and psychological testing normative data to a cross-cultural population, and skill in addressing severe psychological problems in an environment with extremely high rates of severe social dysfunction, trauma, substance abuse/alcoholism, child abuse, suicide, depression, organic mental disorders, violence, accidental death, poverty, and unemployment. In addition, the Contractor must have expert knowledge of standards of care, program policies and procedures and administrative skill. Flexibility and a high degree of motivation is required to carry out the job effectively.

- Participation in Quality Assurance measures will include regular peer review and may include case presentations.

Additionally, psychologists are required to stay current with standards of practice by participating in continuing education.

- Making diagnoses based on DSM and/or ICD criteria.

- To complete report writing, correspondence with outside agencies, and other documentation in a timely manner.

- Credentialing requirements are rigorous and the psychologist is accountable for meeting all requirements and submitting all necessary documents. All licenses held as a psychologist must be maintained in accordance with IHS Policy and Procedure.

Project Title

-Will become familiar with all aspects of the Agency’s policies, program objectives, and established practices as these affect the Psychology program.

-Must follow the ethical and professional guidelines associated with the behavioral license.

-Knowledge of guidelines that include National and Area Indian Health Service (IHS) policies, procedures, and healthcare standards, as well as patient care. Available guidelines are not always applicable, so professional judgment is required to interpret and adapt guidelines to individual cases.

-All activities to fall under CARF and CMS Accreditation Standards.

PLACE OF PERFORMANCE: The place where all observations and assessments will take place is: New Sunrise Regional Treatment Center, which is located at 20 Mockingbird Drive, Acoma, NM 87034. There may be certain times where the Contractor is asked to participate in activities that are off campus. In these cases, there will be a full-time employee (FTE) that has CNACI clearance and will accompany the Client and Contractor, as necessary.

Work Schedule:

The contractor shall provide services at NSRTC located at the Pueblo of Acoma, NM, within the Albuquerque Area Indian Health Service. The position will be for Clinical Psychologist services to be provided during the hours of 8:00am to 4:30 pm, Monday through Friday. Federal holidays are observed and the treatment center is closed for business on those days. There is a possibility for OT for evening and/or weekend hours, if needed. All OT hours will be agreed upon by the Contractor and POC or COR within NRSTC, prior to working OT.

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 for the 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 Clinical Psychologist services less than two (2) hours prior to the beginning of the assignment will result in payment for two (2) hours of services, unless otherwise agreed upon by contracting agency and COR.

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

Project Title

Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

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:

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 https://www.ipp.gov/

Project Title

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.

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.

▪ 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.

4. Fraud, Waste, and Abuse Training Videos for Contractors: Required for all contractors.

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

Project Title

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. Reserved.

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.)

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 address: https://www.acquisition.gov/?q=/browse/far/52 http://www.hhs.gov/ocio/securityprivacy/ https://www.acquisition.gov/?q=/browse/far/52

Project Title

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 52.216-4 Economic Price Adjustment – Labor and Material Jan 2017 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) (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

Project Title

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)) __ (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.

Project Title

__ (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) [Reserved].

__ (34) [Reserved].

__ (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.

_ (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 __ (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

Project Title

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 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

Project Title 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) [Reserved].

(x) [Reserved].

(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…