Attachment H - Applicable Contract Clauses.pdf

Attachment H - Applicable Contract Clauses

HHCC Clinical Staffing Multiple-Award IDIQ

Hopi Health Care Center Clinical Staffing Multiple-Award IDIQ

This attachment provides a clause matrix for solicitation and award assembly for the resulting HHCC clinical staffing multiple-award IDIQ contracts and task orders.

Clauses incorporated by reference have the same force and effect as if set forth in full text. Full text is available at Acquisition.gov or in the applicable authorized class deviation. Where a clause is identified as a DEVIATION clause, the authorized deviation text controls. The final awarded contract or task order shall identify the clauses incorporated into each award. Any clause requiring fill-ins, checkboxes, alternates, or deviation text shall be completed by the Contracting Officer before award. If there is a conflict between this matrix and the final award document or resulting task order, the final award document or resulting task order controls.

This attachment is intended to be used with the RFQ, Attachment D, Performance Work Statements with embedded QASP tables, Attachment G, Ordering Procedures and Contract Administration, and each resulting award or task order.

A. Core FAR Clauses for Resulting IDIQ Contracts Clause Title Date / Version Applicability / Fill-In 52.252-2 Clauses Incorporated by Reference FEB 1998 Include when clauses are incorporated by reference. Fill in electronic address for full text, if used.

52.252-6 Authorized Deviations in Clauses NOV 2020 Include because authorized FAR class deviation/RFO text may apply.

52.204-13 System for Award Management Maintenance

OCT 2018 Include. Contractor must maintain active SAM registration during performance and through final payment.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021 Include where contractor systems may process, store, or transmit Federal contract information, including candidate packets, timekeeping, reports, and contract administration records.

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

Current FAR/RFO version

Core commercial services contract terms. Use basic clause if award remains fixed-price unit-rate commercial services. If the final structure is treated as labor-hour, use the appropriate alternate and supporting determinations.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services

MAR 2026 / current RFO deviation as applicable

Include as the commercial statutory/Executive Order clause vehicle. Check applicable paragraph selections for the final award.

52.216-18 Ordering AUG 2020 Include for IDIQ structure. Fill in ordering period dates.

52.216-19 Order Limitations OCT 1995 Include for IDIQ structure. Fill in minimum order, maximum order, and return period values.

52.216-22 Indefinite Quantity OCT 1995 / current RFO deviation as applicable

Include for IDIQ structure. Fill in the final date after which the contractor is not required to perform.

52.232-33 Payment by Electronic Funds Transfer - System for Award Management

OCT 2018 Include if not otherwise captured through the commercial clause selections.

52.237-7 Indemnification and Medical Liability Insurance

JAN 1997 Include for non-personal health care services. Fill in minimum coverage amount; package currently uses not less than $1,000,000 per occurrence unless higher amount is required.

B. FAR Clauses to Select or Verify Through FAR 52.212-5 Clause Title Date / Version Applicability / Notes 52.203-3 Gratuities APR 1984 Use if applicable based on value and prescription.

52.203-13 Contractor Code of Business Ethics and

Conduct NOV 2021 Consider/include because ceiling is $9M and performance may exceed 120 days. Note commercial services/small business treatment affects portions of the clause.

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 Include if applicable under current 52.212-5 selections.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017 Normally included in 52.212-5 paragraph (a).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020 Include if applicable to FPDS-reportable action and threshold.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023 Normally included in 52.212-5 paragraph (a).

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021 / current Normally included in 52.212-5 paragraph (a).

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015 Normally included in 52.212-5 paragraph (a).

52.219-14 Limitations on Subcontracting OCT 2022 Include. HHSAR 326.605-1 requires this clause when any portion of the requirement is set aside for ISBEEs/IEEs.

52.222-3 Convict Labor JUN 2003 Select if applicable under current 52.212-5.

52.222-19 Child Labor - Cooperation with Authorities and Remedies JAN 2022 / current Select if applicable under current 52.212-5.

52.222-35 Equal Opportunity for Veterans JUN 2020 / current RFO treatment

Verify under current RFO/HHS deviation and 52.212-5 selections.

52.222-36 Equal Opportunity for Workers with Disabilities

JUN 2020 / current RFO treatment

Verify under current RFO/HHS deviation and 52.212-5 selections.

52.222-37 Employment Reports on Veterans JUN 2020 / current RFO treatment

Verify under current RFO/HHS deviation and 52.212-5 selections.

52.222-50 Combating Trafficking in Persons NOV 2021 / current Include. Flowdown requirements apply as stated in the clause.

52.222-54 Employment Eligibility Verification JAN 2025 / current Likely applicable; check commercial services applicability and any exceptions.

52.222-90 Addressing DEI Discrimination by Federal Contractors

APR 2026 /

DEVIATION

Include for covered solicitations, contracts, and orders exceeding the micro-purchase threshold when performance/delivery is in the United States. Include required flowdown to subcontracts at any tier as directed by the deviation.

52.224-1 Privacy Act Notification APR 1984 Include if contractor is required to design, develop, or operate a Privacy Act system of records. Coordinate with privacy/security review.

52.224-2 Privacy Act APR 1984 Same decision point as 52.224-1.

52.232-40 Providing Accelerated Payments to Small

Business Subcontractors MAR 2023 Normally included in 52.212-5 paragraph (a).

52.233-3 Protest After Award AUG 1996 Normally included in 52.212-5 paragraph (a).

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 Normally included in 52.212-5 paragraph (a).

52.239-1 Privacy or Security Safeguards AUG 1996 Consider if system access, information security, or privacy/security controls beyond BAA/FAR 52.204-21 are required.

C. HHSAR Clauses for Resulting Awards Clause Title Date / Version Applicability / Notes 352.224-70 Privacy Act DEC 2015 Include if the contract/order requires the contractor to design, develop, or operate a system of records on individuals.

352.224-71 Confidential Information DEC 2015 Include. Contractor personnel will access patient, clinical, facility, personnel, and other nonpublic information.

352.226-1 Indian Preference DEC 2015 Include because work is for the benefit of Indians and performed for IHS/HHCC.

352.226-2 Indian Preference Program DEC 2015 Include if the acquisition meets the non-construction threshold and on/near reservation applicability; likely applicable for this HHCC requirement.

352.226-6 Indian Economic Enterprise Subcontracting Limitations

Current HHSAR text

Include in all awards to ISBEEs/IEEs under HHSAR 326.605-1. Requires compliance with FAR 52.219-14 and limits subcontracting to non-IEE concerns as stated.

352.232-71 Electronic Submission of Payment Requests

DEC 2015 Include. HHSAR 332.7003 generally requires this clause in all solicitations and contracts unless exception applies; aligns with IPP invoicing.

352.223-70 Safety and Health DEC 2015 Strongly consider/include because performance involves clinical, infectious disease, blood/body fluid, occupational health, PPE, and safety risks.

352.237-75 Key Personnel DEC 2015 Optional. Use only if the award designates a contractor program manager or other named personnel as key personnel. Do not designate every clinician as key personnel in a staffing IDIQ.

D. Full Text and Incorporation by Reference The Contracting Officer may incorporate clauses by reference using FAR 52.252-2. Clauses incorporated by reference have the same force and effect as if set forth in full text.

The final award document should include full text, completed fill-ins, or attached deviation text for clauses that require special completion, including but not limited to:

• FAR 52.212-5, including selected applicable clauses;

• FAR 52.216-18, Ordering;

• FAR 52.216-19, Order Limitations;

• FAR 52.216-22, Indefinite Quantity;

• FAR 52.237-7, Indemnification and Medical Liability Insurance;

• FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, DEVIATION;

• HHSAR 352.226-6, Indian Economic Enterprise Subcontracting Limitations; and

• any HHS/IHS local, special, or deviation clauses that are not available through standard incorporation by reference.