REVISION 2 NNMC Solicitation MRI MOBILE TRAILER RFQIHS1419014.pdf

SOLICITATION NUMBER: 75H71021R00006 RFQIHS1419014

ISSUE DATE: February 19, 2021

DUE DATE: March 12 26, 2021 5pm MT

The Navajo Area Indian Health Service (NAIHS) is requesting proposals from interested Offerors to provide

Magnetic Resonance Imaging (MRI) fully equipped contractor‐owned mobile trailer, inclusive of maintenance and instrument training, manned by NNMC personnel.

COMPLETION OF SOLICITATION REQUIREMENTS

Ensure all forms and additional information are completed in their entirety. Verify calculations before signing the proposal. Provide electronic emailed copies of your offer.

A. Standard Form 1449 ‐ Solicitation/Contract/Order for Commercial Items. Provide one

SF‐1449 with original signature or electronic signature, and date in blocks 30a‐c.

B. Section B‐2: Fee Schedule

C. Section B‐9: Contractors Representative

D. Section E‐2: 52.212‐2 Evaluations ‐ Commercial Items

E. Section E‐4: Offeror Representations and Certifications ‐ Commercial Items

F. Prospective Offerors are required to complete registration in the System for Award

Management (SAM) database in accordance with FAR 4.1102.

Your proposal shall be prepared and submitted in accordance with FAR 52.212‐1 Instructions to Offeror ‐

Commercial Items. This paragraph shall stipulate the submission of all required documents, certifications, etc., to determine your responsibility of providing the required services. All proposals must be received in the Division of Acquisition Management and Contracts by the due date listed above.

Northern Navajo Medical Center

PO Box 3790

Highway 491 North

Shiprock, NM 87420

Contract Specialist: Cornelius Tsipai Email: cornelius.tsipai@ihs.gov

Supervisory Contract Specialist: Linda Delaney Email: linda.delaney@ihs.gov

Questions regarding this RFP shall be emailed to above personnel no later than 3pm MT February 26, 2021.

ON THE SUBJECT LINE OF YOUR EMAIL STATE: " MRI FULLY EQUIPPED MOBILE TRAILER" RFQIHS1419014

The anticipated period of performance will be (1) eight six month base period, and (4) twelve month option periods.

COVER PAGE

MRI FULLY EQUIPPED MOBILE TRAILER INCLUSIVE OF MAINTENANCE AND INSTRUMENT

TRAINING, MANNED BY NNMC PERSONNEL

SOLICITATION NUMBER: RFQIHS1419014 ‐ NAVAJO AREA INDIAN HEALTH SERVICE

SECTION A ‐ SF1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B – OVERVIEW

B‐1 Purpose of Contract

B‐2 Fee Schedule

B‐3 Definitions

B‐4 Performance Work Statement

B‐5 Performance Requirements Summary

B‐6 Period of Performance

B‐7 Contracting Officer Responsibility

B‐8 Contracting Officer's Representative

B‐9 Contractor's Representative

B‐10 Government Point of Contact

SECTION C – CONTRACT CLAUSES

C‐1 52.212‐5 Contract Terms and Conditions Required to Implement Status or Executive Orders ‐

Commercial Items (JAN 2021)

C‐2 52.217‐8 Option to Extend Services (NOV 1999)

C‐3 52.217‐9 Option to Extend the Term of the Contract (MAR 2000)

C‐4 52.232‐18 Availability of Funds

C‐5 52.217‐7 Indemnification and Medical Liability Insurance (JAN 1997)

C‐6 52.252‐2 Clauses Incorporated by Reference (FEB 1998)

C‐7 Health Insurance Portability and Accountability Act (HIPAA)

C‐8 Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3)

Clauses HHSAR

C‐9 352.237‐70 Pro‐Children Act (DEC 2015)

C‐10 352.237‐71 Crime Control Act of 1990‐Reporting of Child Abuse (DEC 2015)

SECTION D ‐ CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D‐1 Contractor Performance Assessment Report (CPAR) Standard Evaluation D‐2

Sample ‐ Contractor's Performance Assessment Report (CPAR)

SECTION E ‐ SOLICITATION PROVISIONS

E‐1 52.204‐26 Covered Telecommunications Equipment or Services ‐ Representation (DEC 2019)

E‐2 52.212‐2 Evaluation ‐ Commercial Items (OCT 2014)

E‐3 Facility Site Visit

E‐4 52.212‐3 Offeror Representations and Certifications ‐ Commercial Items (JAN 2021)

E‐5 52.216‐1 Type of Contract (APR 1984)

E‐6 52.233‐2 Services of Protest (SEP 2006)

E‐7 52.252‐1 Solicitation Provisions Incorporated by Reference (FEB 1998)

B.1 PURPOSE OF CONTRACT

1.1 GENERAL

This performance based contract action and performance based work statement describes the requirements to provide an on‐site Magnetic Resonance Imaging (MRI) fully equipped contractor‐owned mobile trailer, inclusive of maintenance and instrument training, manned by NNMC personnel.

1.2 BACKGROUND

The Indian Health Service (IHS), an agency within the Department of Health and Human

Services, is responsible for providing federal healthcare services to American Indians and

Alaska Natives. The provision of healthcare services to members of federally‐recognized tribes grew out of the special government‐to‐government relationship between the federal government and Indian tribes. The Indian Health Service (IHS) is the principal federal health care provider and health advocate for Indian people and its goal is to raise their health status to the highest possible level. The IHS provides a comprehensive health service delivery system for approximately 1.9 million American Indians and Alaska Natives who belong to 564 federally recognized tribes in 35 states. The Northern Navajo Medical Center (NNMC) is a Navajo Area

IHS facility.

This non‐personal service contract is for a contractor to provide an on‐site MRI fully equipped contractor‐owned mobile trailer, inclusive of maintenance and instrument training, manned by NNMC personnel, in accordance with Section B‐3, performance work statement requirements.

The mobile unit shall be brought on‐site to NNMC located at Highway 491 North, Shiprock, NM, 5 days per week for the term of the contract, to perform an estimated 10 scans per day.

The Contractor shall maintain a sufficiently large service network to satisfy a 98% up time guarantee. Duties and responsibilities of the Contractor shall encompass outpatient and inpatient services to IHS patients.

B‐2. FEE SCHEDULE

This is a Firm Fixed Price (FFP) service contract. The FFP for each line item shall be all‐inclusive of all necessary labor, materials, equipment, facility, supplies, housing, permits, licenses and

Federal, State and local taxes to furnish MRI fully equipped mobile trailer, inclusive of equipment maintenance, and instrument training, to be manned by NNMC personnel, in accordance with

Performance Work Statement (PWS) in Section B‐4.

FEE SCHEDULE – BASE PERIOD

April July 1, 2021 to December 31, 2021

Monthly Rate

Mon‐Fri

8am‐4:30pm

Estimated

Total Annual

Price

The Contractor shall provide MRI fully equipped mobile trailer, inclusive of equipment maintenance, and instrument training, to be manned by NNMC personnel M‐F 8am‐4:30pm in accordance with PWS and billed for monthly. The Contractor shall not bill the Government for any time the trailer is not accessible during normal operating hours and days.

FEE SCHEDULE – FIRST PERIOD OPTION

January 1, 2022 to December 31, 2023

Monthly Rate

Mon‐Fri

8am‐4:30pm

Estimated

Total Annual

Price

Mobile MRI fully equipped trailer, inclusive of maintenance and training, manned by NNMC personnel.

FEE SCHEDULE – SECOND PERIOD OPTION January

1, 2023 to December 31, 2024

Monthly Rate

Mon‐Fri

8am‐4:30pm

Estimated

Total Annual

Price

Mobile MRI fully equipped trailer, inclusive of maintenance

FEE SCHEDULE –THIRD PERIOD OPTION

January 1, 2024 to December 31, 2025

Monthly Rate

Mon‐Fri

8am‐4:30pm

Estimated

Total Annual

Price

Mobile MRI fully equipped trailer, inclusive of maintenance

FEE SCHEDULE –FOURTH PERIOD OPTION January

1, 2025 to December 31, 2026

Monthly Rate

Mon‐Fri

8am‐4:30pm

Estimated

Total Annual

Price

Mobile MRI fully equipped trailer, inclusive of maintenance

B.3 Definitions

1. Acceptance: An authorized representative of the Government has inspected and agreed that the work meets all requirements of this contract, to include documentation requirements.

2. Acquisition term for MRI Scans: The process of measuring and storing image data.

3. Approval: The Government has reviewed submittals, deliverables, or administrative documents

(e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) and has determined the documents conform to contract or contract requirements. Government Approval shall not relieve the Contractor from responsibility for complying with contract requirements.

4. Authorized Ordering Official: A Government employee with the authority to order/issue and sign individual orders for MRI fully equipped trailer, inclusive of maintenance and training for the CSU medical facility.

5. Contracting Officer (CO): A Government employee with warranted delegated authority to enter into, administer, and/or terminate contracts.

6. Contracting Officer’s Representative (COR): A Government individual responsible for administration of this contract. The COR closely monitors the contract for Contractor compliance and provides feed back to the Contracting Officer.

7. Contractor: The individual or firm awarded a legal binding contract to provide supplies and/or services.

8. Customer Input: A criticism against the Contractor submitted to the Contracting Officer. This is one of the criteria used to monitor the Contractor’s performance.

9. Cultural Awareness: The realization and respect for American Indian and Alaskan Native practices.

10. DICOM: Acronym for Diagnostic Imaging Communication in Medicine

11. Enhancement Studies: The use of contrast media to improve the visibility of internal body structures in magnetic resonance imaging (MRI).

12. Federal Acquisition Regulations (FAR): The FAR is the primary set of regulations for use by all

Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

13. Health Insurance Portability and Accountability Act (HIPAA): Acronym that stands for the Health

Insurance Portability and Accountability Act, a US law designed to provide privacy standards to protect patients' medical records and other health information provided to health plans, doctors, hospitals and other health care providers. Developed by the Department of Health and Human

Services

14. Holiday: A day marked by the government for general suspension of work in commemoration of an event.

15. MRI Scan: Magnetic resonance imaging (MRI) is a technique that uses a magnetic field and radio waves to create detailed images of the organs and tissues within a body.

16. Ordering Activity: An authorized user of IHS that may issue a task or delivery order to obtain required services under this contract.

17. Past Performance Information: Relevant information regarding a Contractor’s actions under previously awarded contracts. It includes the Contractor’s record of conforming to specifications and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business‐ like concern for the interest of the customer.

18. Quality Assurance Surveillance Plan (QASP): An organized written document prepared and used by the Government for Quality Assurance surveillance of the Contractor’s performance.

19. Root Cause: A situation where performance does not meet expectations. Cause suggests responsibility or a factor to blame for a problem.

20. Service Unit (SU): A facility that houses Service Unit administrative staff and is responsible for the administration, coordination, and implementation of the Indian Health program/s in a designated geographic portion of the Area. The Navajo Area IHS covers approximately 25,000 square miles across North Arizona, Southern Utah, Western New Mexico and Colorado. The IHS medical facilities range from small ambulatory care clinics (health centers) to full service hospitals. Most of the medical facilities are located on Indian reservations.

B‐4 Performance Work Statement:

B‐4.1 Duties

a) The Contractor shall provide all necessary equipment, freestanding unit and all necessary supplies required to provide on‐site MRI fully equipped trailer, inclusive of maintenance and instrument training. The trailer shall be manned for day‐to‐day operations by NNMC personnel.

b) The Contractor shall provide on‐site mobile MRI trailer for services on a daily basis, excluding federally recognized holidays. The on‐site MRI fully equipped trailer, inclusive of maintenance and training shall be provided every workday, Monday to Friday 8am ‐ 4:30pm. Maintenance and training are inclusive in the total price and shall be provided as specified in this PWs.

c) The Contractor shall maintain a documented quality control program which shall be reviewed on an annual basis by the COR.

d) The Contractor shall provide 24/7 maintenance coverage of mobile MRI trailer, MRI scanner and all other components of the system.

e) The Contractor is responsible for providing a power injector for contrasted studies.

f) The Contractor shall provide a lift for patients to enter the Mobile MRI scanner/trailer.

g) The Contractor shall provide staff access to the mobile MRI scanner/trailer.

h) The Contractor shall provide PM and service coverage for the MRI scanner 24/7.

i) The contractor shall provide maintenance technician availability within 12 hours of NNMC maintenance request.

j) The Contractor shall provide equipment training on scanner and trailer components.

k) Contractor shall provide Applications training for 2 weeks to train staff at NNMC on the functions of the MRI scanner and coils used.

B‐4.2 Enhancement Studies:

MRI scans requiring enhancement studies shall be done with the administration of contrast media.

B‐4.3 Films:

All exams shall be stored Vista Rad PACS system. Data connection shall be provided to the facility. Contractor is responsible for connections from the facility to the trailer.

B‐4.4 Government Furnished Equipment and Property:

a) NNMC shall provide the necessary space for the set‐up of the Contractor’s mobile unit. NNMC shall provide electrical power, data line connectivity and a telephone line accessible to NNMC to meet code requirements.

b) NNMC shall provide a tear‐away locking emergency drug box which shall be maintained by NNMC’s pharmacy. NNMC shall provide necessary medical supplies, i.e. syringes, tape, butterflies, gauze and bandages.

c) NNMC’s radiology department shall provide contrast media for enhancement studies performed on IHS patients. The Contractor is responsible for providing the power injector for use with contrasted exams.

d) NNMC’s staff radiologist shall provide interpretations for all MRI studies. NNMC’s radiology shall have the final responsibility for performing all aspects of the study including but not limited to: reviewing all indications for the scan, specifying the pulse sequences to be performed, specifying the use and dosage of the contract agents, interpreting the images and generating reports.

B‐4.4 Maintenance:

a) The Contractor shall at a minimum follow any maintenance schedules recommended by the manufactures of the mobile unit. Any unscheduled repairs and maintenance shall be done in a prompt fashion, and to the extent possible, during hours when service is not scheduled in order to minimize the amount of time the mobile unit is unavailable for service. Records of all maintenance activities shall be maintained for the life of the MRI equipment and these records shall be available to COR for review on a quarterly basis. The Contractor shall not bill the Government for any time the trailer is not accessible during normal operating hours and days.

b) The Contractor may remove the MRI unit from service for a period of up to two (2) consecutive weeks during each twelve (12) month period under this agreement to facilitate manufacturer updates and engineering changes. This shall be coordinated with scheduling of patients in the Radiology Department at NNMC.

B‐4.5 Client Scheduling and Background :

a) NNMC shall be responsible for scheduling all patients.

b) Many of the IHS patients receiving services under this contract may only speak a native language and/or reside on a federally recognized Indian reservation. The

Contractor is expected to demonstrate sensitivity to cross‐cultural and language difference and have the ability to work through interpreters as necessary.

B‐4.6 Qualifications:

a) The Contractor shall maintain appropriate certification for the MRI scanner providing services throughout the term of this contract and provide the documentation to the COR.

b) The Qualified Medical Physicist shall be appropriately certified with the

American Board of Radiology. Provide documentation as requested by the COR.

c) The Contractor’s mobile trailer shall be appropriately State licensed and/or possess all necessary permits/accreditation, and meet National Life Safety

Standard Codes.

d) The Contractor shall possess medical liability insurance in accordance with

FAR 52.237‐7: Indemnification and Medical Liability Insurance. The Contractor maintain medical liability insurance throughout the term of the contract and provide updated copies to the Contracting Officer’s Representative upon renewal/s.

B‐4.7 Equipment Specifications for Contractor‐owned Fully Equipment Mobile Trailer:

The MRI equipment specifications and performance shall meet all state and federal requirements, and meet the following minimum capabilities listed below. The MRI scanner should have a minimum of 16 channels with comparable 23x or higher software capabilities of MRCP, and MRA/MRI angiography. Table weight tolerance of

350lbs or greater.

a) Acquisition techniques:

1. Spin Echo

2. Inversion Recovery

3. Partial Saturation

4. Fast Scan Techniques

5. Fat Saturation

6. Field/Gradient Echo

7. Matrices: 256 x 256 and 512 x 512 or greater.

8. Multi‐slice: contiguous slice (interleaved or non‐interleaved).

9. Planes: transverse, sagittal, coronal, axial and arbitrary oblique planes.

10. Gating: the system shall perform cardiac gating.

In addition, the MRI scanner should have capabilities that allow for scan quality and techniques that would permit NNMC to adhere to the MRI monograph or reference document in the 2013 American college of Radiology Standards. The

MRI unit shall be a "state of the art unit”.

b) Reconstruction and display shall be complete in 1 second or less per slice.

c) Matrices: display of 512 x 512 or greater.

d) Resolution: high contrast shall be 0.5mm or better in a 20‐25cm Field of View

(FOV) and 1.0mm or better in a 35‐50cm FOV. Surface coil resolution shall be

0.5mm or better in a 10‐15cm FOV.

e) Image Quality: Spatial linearity: maximum deviation in Cartesian coordinates shall not exceed 1% averaged over a 40cm FOV, using a 30cm +1cm diameter phantom.

f) Artifacts shall be less than 3% (over the uniformity specs) of signal intensity measured in a 25cm and 40cm FOV.

g) Patient alignment: system shall have a patient alignment system such as light beams with scale for checking the scan plane alignment and indexing the patient into the scan plane with an accuracy of +2mm.

h) Autotune: System shall be able to complete tuning in 60 seconds or less.

i) Protocols shall be selectable, controlled by software and displayed.

j) Major components:

1. Table: weight tolerance of 350 lbs. (minimum).

2. Data processing system shall be data linked to all consoles and permit scanning (data acquisition), image reconstruction (data processing), and display functions (data readout) simultaneously, without effecting the speed of any function.

3. MR Angiography Capabilities: a) time of flight techniques; b) phase contrast is preferred but optional and flow analysis; c) phase contrast MRA with user‐selectable velocity sensitivity.

4. Safety/Warning Systems for magnet quenching and emergency shutdown.

k) The MRI unit shall contain a compatible EKG, pulse oximeter, automatic blood pressure and CO2 gas monitoring devices.

l) The MRI unit must have specialized surface coils for imaging the head, chest, spine, abdomen, pelvis and joints.

m) The MRI unit must have the capabilities or MRCP exams.

B‐4.8 Quality Control Requirements:

a) The Contractor shall have a planned, systematic and on‐going process for monitoring, evaluating, and improving the quality of care within the Contractor’s

MRI quality improvement plan which shall be integrated with the clinical services at NNMC.

b) The Contractor shall have documented proof of the following daily quality control tests as listed below:

1. The following quality control tests shall be performed and documented at least annually and after any major change on equipment by a qualified physicist.

a. Review of daily quality control testing records.

b. Measurement of image uniformity; spatial linearity, and high contrast spatial resolution.

c. Measurement of slice thickness, location, and separation.

d. Complete review of the system and its functions

c) All quality control testing shall be carried out in accordance with written procedures and methods. Preventive maintenance shall be scheduled, performed, and documented by a qualified service engineer on a regular basis. Service performed to correct system deficiencies shall also be documented and service records maintained by the MRI Contractor and available for the COR.

B.5 Performance Requirements Summary:

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance

Objective

Performance

Standard

Performance Threshold

(This is the maximum error rate. It could possibly be "Zero deviation from standard")

Method of

Surveillance

Incentive Dis‐Incentive

PRS #1. The

Contractor shall provide on‐site MRI scanner and technical support to provide services 5 days per week.

The

Contractor provided on site MRI scanner.

The scanner shall be available for services 98% of the time

Monthly stats.

98% uptime is number of clinical hours performed divided by scheduled Clinical hours in the month.

Payment for work accomplished.

Successful evaluation using the Contractor Performance

Assessment

Non‐payment for work not accomplished.

Unsuccessful evaluation using the Contractor Performance

Assessment

Report (CPAR). Report (CPAR).

PRS #2. The

Contractor shall provide quality customer service.

Validated customer complaints

No more than one validated customer complaint per 6 month time period

*Validated customer complaints from providers and patients.

Successful evaluation using the Contractor Performance

Assessment

Report

(CPAR).

Unsuccessful evaluation using the Contractor Performance

Assessment

Report

(CPAR).

PRS #3. The

Contractor shall provide quality MRI images and exams.

All MRI study/exams shall be high quality excluding factors not under technical control i.e.

patient was noncompliant

No more than one validated low quality study/exam per month

**Validated complaint from

Radiologist or orthopedic surgeon.

Payment for work accomplished.

Successful evaluation using the Contractor Performance

Assessment

Report

(CPAR).

Non‐Payment for work not accomplished.

Unsuccessful evaluation using the Contractor Performance

Assessment

Report

(CPAR).

PRS #4. Adhere to

HIPAA requirements

Within acceptable standards

Zero deviation from standard

Subject to contract termination

Contract shall continue.

Option years may be exercised.

Contract termination.

* Validated Customer Complaint: Complaints must be validated. Complaints are validated if found to be reasonable and true after an administrative investigation.

**Validated complaint from Radiologist or orthopedic surgeon: Complaints are validated if found to be reasonable and true after an administrative investigation Defective or low quality MRI scans are limited to image quality issues under the technologists control such as proper sequencing protocols, positioning and demonstration of attempts to resolve poor quality studies. Complaints are validated if found to be reasonable and true after an administrative investigation.

B‐6 Period of Performance: The effective date of this contract is from APRIL July 01, 2021 through DECEMBER 31, 2021 for one (1) basic contract period and four (4) twelve month option periods. If the Government exercises its option pursuant to

52.217‐9 Option to Extend the term of the Contract, the period of performance will be extended in accordance with the following schedule.

PERIOD OPTION PERIODS

FIRST OPTION PERIOD: January 01, 2022 through December 31, 2022

SECOND OPTION PERIOD: January 01, 2023 through December 31, 2023

THIRD OPTION PERIOD: January 01, 2024 through December 31, 2024

FOURTH OPTION PERIOD: January 01, 2025 through December 31, 2025

B‐7 Contracting Officer Responsibility:

Authority to negotiate changes in terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer.

B‐8 Contracting Officer’s Representative:

The Contracting Officer will designate in writing by separate letter a Contracting

Officer’s Representative (COR) who will be responsible for:

1. Monitoring the Contractor’s technical progress on individual orders, including surveillance and assessment of performance.

2. Technical inspections and acceptable required by this contract; and

3. Assisting the Contractor in the resolution of technical and administrative problems encountered during the performance of this contract.

B‐9 Contractor's Representative:

Designated Contractor’s Representative, whom we may contact for prompt Contract

Administration:

NAME:____________________________ TITLE:______________________________

ADDRESS:___________________________ TELEPHONE:_________________________

E‐MAIL ADDRESS:_____________________

B‐10 Government Point of Contact:

Gary Williams, RT (R)(CT)

Northern Navajo Medical Center

Shiprock, NM 87420

(505) 368‐7153

PART C ‐ CONTRACT CLAUSES

C‐1 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021)

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

(5) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

X (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

Recovery and Reinvestment Act of 2009.)

__ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun

2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note). __ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct

2016) (Pub. L. 111‐117, section 743 of Div. C).

X (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐3.

X (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐4.

__ (13) [Reserved]

_X_ (14) (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.

__ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐7.

__ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219‐9

__ (18) (i) 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.

_X_ (19) 52.219‐14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages‐Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Mar 2020)

(15 U.S.C. 657f).

__ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged

Women‐Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 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 (Mar2020) (15 U.S.C.

637(m)).

__ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219‐33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222‐35.

X (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222‐36.

X (33) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X (35) (i) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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).

X (36) 52.222‐54, Employment Eligibility Verification (Oct 2015). (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.)

__ (37) (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.)

__ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223‐13.

__ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

X (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

__ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (Jun2016) (E.O. 13693).

X (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) 52.225‐1, Buy American‐Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Jan 2021)(41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I (Jan 2021) of 52.225‐3.

__ (iii) Alternate II (Jan 2021) of 52.225‐3.

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

__ (50) 52.225‐5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018)

(31 U.S.C. 3332).

__ (59) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (61) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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:

X (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (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). Equivalent to GS‐5 and GS 6 technician rate plus hourly rates plus fringe benefits.

X (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) ( 29U.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).

X (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

X (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __ (9)

52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (41 U.S.C.

3509).

(ii) 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)).

(iii) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of

Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L.

115232).

(v) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

(xi) 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.

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

(xiii) (A) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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). (xiv)

52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May2014) (41 U.S.C. chapter

67).

(xv) 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).

(xvi) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xx) 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. 2302 Note).

(xxi) 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

52.2266. (xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial

Vessels (Feb 2006) (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.

C.2 52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of respective period of performance end date.

C‐3 52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

30 days of respective period of performance end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

C‐4 52.232‐18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer

C‐5 52.237‐7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in

Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the

Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000 per occurrence, $3,000,000 aggregate.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims‐made basis. If the policy is on a claims‐made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims‐made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

C‐6 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract clause incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available, or may be accessed electronically at this address: http://www.acquisition.gov/far/

FAR NO. DESCRIPTION DATE

52.204‐13 System for Award Management Maintenance OCT 2018

52.204‐18 Commercial and Government Entity Code Maintenance AUG 2020

52.212‐4 Contract Terms & Conditions – Commercial Items OCT 2018

52.224‐1 Privacy Act Notification APR 1984

52.224‐2 Privacy Act APR 1984

C‐7 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

The Indian Health Service (IHS) is required to comply with the HIPAA in the provision of health care to

IHS patients. HIPAA was implemented by the U.S. Department of Health and Human Services, Office of

Civil Rights, under the Code of Federal Regulations, Part 160 and164. Accordingly, all health care providers, including contracted health care providers are required to comply with HIPAA requirements.

(Full text will be furnished upon request.)

C‐8 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES HHSAR

CLAUSE NO. TITLE DATE

352.211‐3 Paperwork Reduction Act DEC 2015

352.224‐70 Privacy Act DEC 2015

352.226‐1 Indian Preference DEC 2015

352.226‐2 Indian Preference Program DEC 2015

352.224‐71 Confidential Information DEC 2015

352.237‐74 Non‐Discrimination in Service Delivery DEC 2015

C‐9 352.237‐70 PRO‐CHILDREN ACT (DEC 2015)

(a) Public Law 103‐227, Title X, Part C, also known as the Pro‐Children Act of 1994 (Act), 20 U.S.C.

7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services.