SB Sol Pkg 25Q00251.pdf

75H70625Q00251

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

09/19/2025 IHS1518180

1 7

Federal Building 115 Fourth Ave, SE Aberdeen SD 57401

Aberdeen Area Indian Health Servic 09/30/2026

DAVID JONES1

09/30/2025 1200 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Non-Personal Service Type, Commercial Item Purchase Order in response to Request for Quote 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 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251

(RFQ) 75H70625Q00251.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-05, 08/07/2025.

D. This RFQ is issued as "100% Small Business

(SB)". The associated NAICS code is 611430

(Professional and Management Development

Training), and the small business standard is

$15.0.

E. The quoted unit pricing must be all-inclusive

(including, but not limited to, travel, lodging, per diem, fringe benefits, federal, state, and local taxes), plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

F. Complete the SF18

Total Quote or SF18 Amount $:

G. To provide Virtual Diabetic Wound Management

Training, Skin & Wound Management Training, and

Certification Examinations.

H. To be provided for the Great Plains Area

Medical Providers:

The period of performance will be one year from the date of award.

I. FAR 52.212-1 Instructions to

Offerors-Commercial Products and Commercial

Services (SEP 2023).

* Quotes shall be submitted on company letterhead stationery, signed and dated, and they shall include the following:

1. Solicitation number 75H70625Q00251.

2. Closing Date: September 30, 2025, at 12:00 pm

CT.

3. Name, address, and telephone number of the company and email address of the contact person.

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251

4. Provide a technical description of the item/service in sufficient detail to evaluate compliance with the solicitation requirements.

This may include product literature or other relevant documents, as needed.

5. Terms of any express warranty.

6. Price and any discount terms.

7. "Remit to" address, if different from the mailing address.

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

9. Acknowledgment of Solicitation Amendments (if any issued)

10. Past performance information, when included as an evaluation factor, includes recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other pertinent information).

11. A statement specifying the extent of agreement with all terms, conditions, and provisions of the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

The basis of the award is the Lowest Price

Technically Acceptable (LPTA) factors, which determine a successful contractor. The Government intends to select ONE contractor for the award of this effort. The lowest price will initially evaluate the proposals. If the lowest-priced proposal submitted is found to be technically acceptable, no other proposals will be evaluated, and an award will be made to the lowest-priced, technically acceptable offeror. However, if the offeror's lowest-priced proposal is not found technically acceptable, the next offeror's lowest-priced proposal will be evaluated until the lowest-priced, technically acceptable

4 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251 proposal is found. The Government intends to evaluate offers and awards without discussions.

The Government reserves the right to request clarifications from the lowest-priced offeror being evaluated, without approaching other offerors. The Government reserves the right to enter negotiations with the lowest-priced offeror being evaluated without approaching other offerors.

- Shall provide the items listed in the

Specifications Listings.

- Ability to meet the Delivery Schedule.

J. FAR 52.212-3 Offer Representations and

Certifications-Commercial Products and Commercial

Services (MAY 2024) See attachment for full text.

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award

Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and

Conditions-Commercial Products and Commercial

Services (NOV 2023) - See attachment; Clauses

Incorporated by Reference.

L. FAR 52.212-5 Contract Terms and Conditions

Required to Implement Statutes or Executive

Orders-Commercial Products and Commercial

Services (JAN 2025) - See attachment for full text.

M. The Federal Acquisition Regulations (FAR) and

Health & Human Services Acquisition Regulation

(HHSAR) applicable clauses, including those below, are attached.

N. Offers will be accepted electronically; submit via e-mail to the following: Great Plains Area

Indian Health Service, Attn: David Jones, Contract Specialist, 115 4th Ave. SE, Aberdeen, SD 57401, E-mail: david.jones@ihs.gov.

Questions regarding this solicitation must be

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251 submitted in writing by email no later than

September 24, 2025, 12:00 pm CT.

Contractors will need a UEI number & TIN and must register with the System for Award Management at www.sam.gov.

Acceptance Period: Your proposal must be predicated upon all the terms and conditions of this RFQ and be firm until December 31, 2025.

The quotation must set forth full, accurate, and complete information as required by the Request for Quotation (RFQ) and be returned by the date referenced. All the necessary information must be submitted to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusions List at http://exclusions.org.hhs.gov throughout the contract.

Invoice Processing Platform (IPP). The Indian

Health Service (IHS) has implemented an electronic invoicing system. In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum "Improving Government Efficiency and

Saving Taxpayer Dollars Through Electronic

Invoicing," directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice

Processing Platform (IPP) in accordance with

HHSAR 352.232-71, Electronic Submission and

Processing of Payment Requests."

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the

Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St.

Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register. However, we encourage you to ensure that your organization's and designated IPP user accounts are valid and up to date. The IPP website address is: https://www.ipp.gov.

6 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251

If you require assistance with registering or accessing your IPP account, please contact the

IPP Helpdesk at (866) 973-3131 (Monday through

Friday, 8 AM to 6 PM ET), or

IPPCustomerSupport@fiscal.treasury.gov.

"Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer".

1 Diabetic Wound Management - Live Online Course;

Quantity - 20

Delivery: 09/30/2026

Delivery Location Code: IHSGREATPLAINS AREA

Great Plains Area IHS

Great Plains Area IHS

115 4TH AVENUE SE

ABERDEEN SD 57401-4301 US

2 Skin and Wound Management - Live Online Course;

Quantity - 20

Delivery: 09/30/2026

Delivery Location Code: IHSGREATPLAINS AREA

Great Plains Area IHS

Great Plains Area IHS

115 4TH AVENUE SE

ABERDEEN SD 57401-4301 US

3 Diabetic Wound Management Certification Exam

Fees; Quantity - 20

Delivery: 09/30/2026

Delivery Location Code: IHSGREATPLAINS AREA

IHSGREATPLAINS AREA

Great Plains Area IHS

115 4TH AVENUE SE

ABERDEEN SD 57401-4301 US

4 Skin and Wound Management Certification Exam

Fees; Quantity - 20

Delivery: 09/30/2026

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70625Q00251

Delivery Location Code: IHSGREATPLAINS AREA

IHSGREATPLAINS AREA

Great Plains Area IHS

115 4TH AVENUE SE

ABERDEEN SD 57401-4301 US

Statement of Work 1

Statement of Work (SOW) for the

Wound Care Education

1.0 General

1.1 Background

The mission of the Indian Health Service is to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. The IHS provides comprehensive primary health care and disease prevention services to carry out this mission.

The Great Plains Area Indian Health Service provides most of the wound and surgical care follow-up for patients living in rural to frontier areas of the Great Plains. Due to the remote locations of the IHS facilities, it is often difficult for staff members to travel for training to advance their clinical expertise. Virtual remote training enables staff to receive training without leaving their respective sites, allowing for the advancement of skills and ensuring that patients receive current, evidence-based care. The training for diabetic and surgical wound care would be most beneficial when delivered virtually, encompassing all licensed healthcare providers from LPNs to MDs.

1.2 Objective

The objective of virtual interactive wound care training for healthcare providers is to enhance the knowledge, skills, and clinical judgment of professionals in managing a wide range of wound types. Through an engaging, interactive platform, the training aims to:

1. Improve Clinical Competency: Equip healthcare providers with evidence-based practices and techniques to assess, treat, and manage various wound types effectively.

2. Enhance Decision-Making Skills: Foster the ability to make informed, patient-centered decisions based on wound characteristics, patient conditions, and evidence-based guidelines.

3. Promote Patient Safety: Ensure providers understand infection prevention, wound healing stages, and appropriate dressing choices to prevent complications and promote optimal healing.

4. Facilitate Continuous Learning: Provide an accessible, flexible learning environment that allows the healthcare providers to stay current with the latest advances and best practices in wound care.

5. Encourage Collaboration and Communication: Develop skills necessary to communicate wound care strategies effectively with patients, caregivers, and interdisciplinary teams to ensure comprehensive care.

Statement of Work 2

6. Utilize technology: Leverage virtual learning tools, simulations, and case studies to enhance problem-solving and practical application in the diverse clinical settings.

1.3 Scope of Work

The scope of work for virtual interactive wound care training for healthcare providers outlines the key elements and deliverables necessary to enhance the objectives to promote and improve provider wound care skills by:

1. Provide virtual interactive wound care training for 20 healthcare providers, ranging from LPN, RN, APP, and MD.

2. Provide all needed training supplies and have them available for the healthcare provider participants at nine different sites in the Great Plains Area.

3. Provide diabetic and general wound care certification via exams for 20 healthcare providers in the Great Plains Area for healthcare provider staff ranging from LPN, RN, APP, and MD.

4. Provide training on status and shock, impending respiratory failure and trauma assessment and stabilization. This training would involve RNs and other non-physicians for patients.

5. The training shall consist of 5 days of virtual interactive training for diabetic and general surgical wound care for a total of 10 days of training and a total of 2 days of certification exam testing, with 1 day for each certification-diabetic wound and general skin wounds.

6. The training will occur within 1 year of contractor service obligation at times at the convenience of the federal government healthcare staff.

1.4 Period of Performance

The period of performance for this contract is one year from the date of award.

1. The training shall consist of 5 days of virtual interactive training for diabetic and general surgical wound care for a total of 10 days of training and a total of 2 days of certification exam testing, with 1 day for each certification-diabetic wound and general skin wounds.

2. The training will occur within 1 year of contractor service obligation at times at the convenience of the federal government healthcare staff.

1.5 Place of Performance

The wound care training for the Great Plains Area Indian Health Service Units will be conducted virtually by healthcare providers within one year of the award.

1.6 Applicable Documents

Statement of Work 3

1. Wound Care Education

The documents listed provide technical specifications, manufacturing standards, and security requirements. There is no government-furnished property or specific information associated with this procurement. These documents are enforceable under this contract. Therefore, failure to comply with the agreements will result in the contractor and the service units being held legally accountable for the successful procurement of these items.

2.0 Specific Requirements/Tasks

Under the terms of the Agreement with Wound Care Education, the Great Plains Area Indian Health Service Units agree to provide a classroom with adequate audio and visual setup for the sole purpose of this virtual interactive training program.

3.0 Delivery or Deliverables

The Wound Care Education will deliver evidence-based training to Great Plains Area Indian Health Service healthcare providers virtually and interactively via IT technology.

Notice to contractors:

All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the government. The contracting officer will be the sole authorized official to release verbally or in writing any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract.

Press releases, marketing material, or any other printed or electronic documentation related to this project must not be publicized without the written approval of the contracting officer.

4.0 Meetings

4.1. Post-award Kickoff Meeting

Within 10 business days of contract award, the Government and Wound Care Education, or its representative, will conduct a post-award kickoff meeting with Ms. Suzanne Englund to discuss product delivery and installation.

5.0 Required Travel and Other Direct Costs (ODCs)

There are no travel requirements for this product procurement.

6.0 Government Furnished Property/Equipment/Information

Statement of Work 4

There are no government-furnished property, equipment, or information requirements for this product procurement.

1. Authority

1.1 No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

1.2 No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

1.3 In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract.

1.3.1 An understanding or agreement between the Contractor and anyone other than the Contracting Officer.

1.3.2 A purported modification or change order issued by anyone other than the Contracting Officer.

1.3.3 A promise by anyone other than the Contracting Officer to provide additional funding or make payments or.

1.3.4 An order, direction, consent, or permission from anyone other than the Contracting Officer to.

1.3.4.1 Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling or.

1.3.4.2 Expend hours in excess of a specified level of effort.

Provisions & Clauses 1

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of clause)

I. Federal Acquisition Regulations (FAR)(48 CFR Chapter 1) Provisions and Clauses Incorporated by Reference.

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION

/ CLAUSE

DATE

52.202-1 Definitions. Jun-20 52.203-3 Gratuities. Apr-84 52.203-7 Anti-Kickback Procedures. Jun-20 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun-20 52.204-7 System for Award Management Nov-24 52.204-9 Personal Identity Verification of Contractor Personnel. Jan-11 52.204-13 System for Award Management Maintenance. Oct-18 52.204-19 Incorporation by Reference of Representations and Certifications. Dec-14 https://www.acquisition.gov/far/52.107#FAR_52_107 https://www.acquisition.gov/far/52.107#FAR_52_107

Provisions & Clauses 2

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

Feb-16

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services.

Sep-23

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

Nov-23

52.216-24 Limitation of Government Liability. Apr-84 52.216-25 Contract Definitization. Oct-10 52.217-8 Option to Extend Services. Nov-99 52.224-1 Privacy Act Notification Apr-84 52.224-2 Privacy Act Apr-84 52.232-1 Payments. Apr-84 52.232-39 Unenforceability of Unauthorized Obligations. Jun-13 52.237-1 Site Visit. Apr-84 52.237-3 Continuity of Services. Jan-91 52.242-15 Stop-Work Order. Aug-89 52.243-4 Changes (Deviation) RFO Jun-25 52.243-7 Notification of Changes (Deviation) RFO Jun-25 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan-25 52.246-4 Inspection of Services-Fixed-Price. Aug-96 52.246-20 Warranty of Services. May-01 52.246-25 Limitation of Liability-Services Feb-97 52.247-34 F.o.b. Destination. Jan-91 52.249-9 Default (Fixed-Price Supply and Services) Apr-84 52.252-6 Authorization Deviations in Clauses Nov-20 52.253-1 Computer Generated Forms. Jan-91

PROVISIONS AND CLAUSES IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses in Full Text

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION

/ CLAUSE

DATE

52.217-9 Option to Extend the Term of the Contract Mar-00

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

Provisions & Clauses 3

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; 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.

(End of clause)

III. Department of HHS Acquisition Regulations (HHSAR) (48 Chapter 3) Clauses

HHSAR

CITATION

CLAUSE TITLE CLAUSE DATE

HHSAR 352.224-

Privacy Act December 2015

HHSAR 352.226-

Indian Preference December 2015

HHSAR 352.226-

Indian Preference Program December 2015

HHSAR 352.237-

Pro-Children Act December 2015

HHSAR 352.237-

Crime Control Act-Reporting of Child Abuse December 2015

HHSAR 352.237-

Crime Control Act- Requirement For Background Checks

December 2015

HHSAR 352.237-

Indian Child Protection and Family Violence Act December 2015

HHSAR 352.237-

Non-Discrimination in Service Delivery December 2015

HHSAR 352.232-

Electronic Submission of Invoice Payment Requests February 2022

352.224-70 Privacy Act.

As prescribed in HHSAR 324.105(a), the Contracting Officer shall insert the following clause:

Provisions & Clauses 4

Privacy Act (DEC 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.

552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (DEC 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

Provisions & Clauses 5

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment.

Such training shall include on-the-job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses;

service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

Provisions & Clauses 6

(End of clause)

352.226-2 Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (DEC 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor's employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment;

any experience or special skills required for employment; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing

Provisions & Clauses 7 subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including -

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Public Law 93-638; 88 Stat. 2205; 25 U.S.C. 450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal's price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate -

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and

Provisions & Clauses 8

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor's Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.237-70 Pro-Children Act.

As prescribed in HHSAR 337.103(d)(1), the Contracting Officer shall insert the following clause:

Pro-Children Act (DEC 2015)

Provisions & Clauses 9

(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. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

352.237-71 Crime Control Act - Reporting of Child Abuse.

As prescribed in HHSAR 337.103(d)(2), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990 - Reporting of Child Abuse (DEC 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective

Provisions & Clauses 10 services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1-800-4-A- CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

352.237-72 Crime Control Act - Requirement for Background Checks.

As prescribed in HHSAR 337.103(d)(3), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990 - Requirement for Background Checks (DEC 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. “Child care services” include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services listed above.

(b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly-hired person, the person is within the sight and under the supervision of a previously investigated staff person.

(c) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

352.237-73 Indian Child Protection and Family Violence Act.

As prescribed in HHSAR 337.103(d)(4) the Contracting Officer shall insert the following clause:

Indian Child Protection and Family Violence Act (DEC 2015)

Provisions & Clauses 11

(a) This contract is subject to the Indian Child Protection and Family Violence Act, Public Law 101-630 (25 U.S.C. 3201 et seq.) The duties and responsibilities required by this contract may involve regular contact with or control over Indian children. Public Law 101-630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted of any crime of violence. Any such conviction should immediately be brought to the attention of the Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Human Resources. Until such time as the contractor has been notified of completion of the investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer.

(b) As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.

(End of clause)

352.237-74 Non-Discrimination in Service Delivery.

As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:

Non-Discrimination In Service Delivery (DEC 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract.

The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

(End of clause)

352.232-71 Electronic submission of payment requests

As prescribed in HHSAR 332.7003, use the following clause:

Electronic Submission of Payment Requests

(a) Definitions. As used in this clause -

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the

Provisions & Clauses 12 requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

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