SF-1449 - 75H70724Q00054 - Satellite Internet Services - SFHC-SCHC.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225 Albuquerque Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

X

517410

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR203

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/05/2024 1200 MD

03/21/2024

505-256-6754PATRICIA TRUJILLO

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70724Q00054

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 57 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$44

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Indian Health Service (IHS), Albuquerque Area office (AAO), Santa Fe Indian Health Center (SFIHC) has a requirement for Satellite Internet Services for two (2) Satellite Clinics under the SFIHC, San Felipe Health Clinic and Santa Clara Health Center, New Mexico.

*THERE WILL BE TWO (2) SEPARATE AWARDS ISSUED

FROM THIS SOLICITATION.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

PATRICIA P. TRUJILLO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

1 BASE: TBD, 2024 to TBD, 2025, Satellite Internet

Services for San Felipe Health Clinic.

Base: TBD, 2024 to TBD, 2025, Satellite Internet

Services for Santa Clara Health Center.

2 OPTION YEAR ONE: TBD, 2025 to TBD, 2026, Satellite Internet Services for San Felipe Health

Clinic.

OPTION YEAR ONE: TBD, 2025 to TBD, 2026, Satellite Internet Services for Santa Clara

Health Center.

3 OPTION YEAR TWO, TBD, 2026 to TBD, 2027, Satellite Internet Services for San Felipe Health

Clinic.

OPTION YEAR TWO: TBD, 2026 to TBD, 2027, Satellite Internet Services for Santa Clara

Health Center.

4 OPTION YEAR THREE, TBD, 2027 to TBD, 2028, Satellite Internet Services for San Felipe Health

Clinic.

OPTION YEAR THREE: TBD, 2027 to TBD, 2028, Satellite Internet Services for Santa Clara

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

57 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70724Q00054

Health Center.

5 OPTION YEAR FOUR, TBD, 2028 to TBD, 2029, Satellite Internet Services for San Felipe Health

Clinic.

OPTION YEAR FOUR: TBD, 2028 to TBD, 2029, Satellite Internet Services for Santa Clara

Health Center.

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

Sponsored by GSA

FAR (48 CFR) 53.110

SATELLITE INTERNET SERVICES

SAN FELIPE HEALTH CLINIC &

SANTA CLARA HEALTH CENTER

SOLICITATION: 75H70724Q00054 Page 4 of 63

SECTION 1: GENERAL:

1.1 SERVICES

1.1.1 The Indian Health Service, Albuquerque Area Office, Santa Fe Indian Health Center (SFIHC) Santa Fe Indian Health Center (IHC) has a need for Satellite Internet Services, New Mexico.

1.1.2 The Government contemplates two (2) separate awards resulting from this solicitation.

1.2 PRICE OR COST

1.2.1 This solicitation will result in a Firm-Fixed-Price (FFP) Purchase Order acquisition with a Base + Four Option Periods.

1.3 GENERAL CONTRACT INFORMATION:

1.3.1 As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

1.3.2 The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

1.4 CONTRACT PRICE

1.4.1 This solicitation will result in an FFP Purchase Order. The price for one PO is $ (TBD) San Felipe Health Clinic.

This solicitation will result in an FFP Purchase Order. The price for one PO is $ (TBD) Santa Clara Health Center.

1.4.2 Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION 7 of this contract, the Government shall pay to the Contractor resulting from the awarded contract price.

1.4.3 Upon delivery and acceptance the services described in the Performance Work Statement (PWS) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

Item # Contract Period Description of Services Total Amount

CLIN 1 BASE: TBD, 2024

to TBD, 2025

SAN FELIPE HEALTH CLINIC

Satellite Internet Services

BASE YEAR AMOUNT $

Item # Contract Period Description of Services Total Amount

CLIN 1 BASE: TBD, 2024

to TBD, 2025

SANTA CLARA HEATLH CLINIC

BASE YEAR AMOUNT $

1.4.4 The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the

SOLICITATION: 75H70724Q00054 Page 5 of 63 deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section 10 of this contract.

1.5 OPTION PRICES

1.5.1 Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

1.5.2 Pursuant to either the FAR Clause 52.217-8, Option to Extend Services (Nov 1999) or the FAR Clause 52.217-9, Option to Extend the Term of the Contract (Mar 2000), set forth in Section 12, of this contract, the Government may, a unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the PWS of this contract. A notice that the Government intends to exercise any of the options will happen prior to the contract’s expiration date. Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order. When exercising an option period, the fixed price rate of this contract is set forth below.

1.5.3 Upon the delivery and acceptance of the Option Services described in the Performance Work Statement of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the rate(s) set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly;

1.5.4 If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be as follows:

SCHEDULE OF CHARGES FOR THE OPTION PERIODS – SAN FELIPE HEALTH CLINIC

Item # Contract Period Description of Services Total Amount

CLIN 2 OPTION YEAR ONE:

TBD, 2025 to TBD, OPTION YEAR ONE AMOUNT $

CLIN 3 OPTION YEAR TWO:

TBD, 2026 to TBD, OPTION YEAR TWO AMOUNT $

CLIN 4 OPTION YEAR THREE:

TBD, 2027 to TBD, OPTION YEAR THREE AMOUNT $

CLIN 4 OPTION YEAR FOUR:

TBD, 2028 to TBD, SOLICITATION: 75H70724Q00054 Page 6 of 63

OPTION YEAR FOUR AMOUNT $

SCHEDULE OF CHARGES FOR THE OPTION PERIODS – SANTA CLARA HEALTH CENTER

Item # Contract Period Description of Services Total Amount

CLIN 2 OPTION YEAR ONE:

TBD, 2025 to TBD, OPTION YEAR ONE AMOUNT $

CLIN 3 OPTION YEAR TWO:

TBD, 2026 to TBD, OPTION YEAR TWO AMOUNT $

CLIN 4 OPTION YEAR THREE:

TBD, 2027 to TBD, OPTION YEAR THREE AMOUNT $

CLIN 4 OPTION YEAR FOUR:

TBD, 2028 to TBD, OPTION YEAR FOUR AMOUNT $

1.5.5 Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

SOLICITATION: 75H70724Q00054 Page 7 of 63

SECTION 2: DEFINITIONS:

2.1 Acceptance: Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements, except as provided in FAR subpart 46.5 and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

2.3 Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.

2.4 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.5 Contracting Officer's Representative (COR): A federal employee who assists the ordering/issuing activity-contracting officer in the administration of task orders issued under this contract. The COR is primarily responsible for the technical assistance and day-to-day program management of the ordering activity's task orders. Ordering activities may have different designators for this employee.

2.6 Contractor: The individual award a legal binding contract to provide supplies and services.

2.7 Customer: Staff of the IHS service unit and health center.

2.8 Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance.

This is one of the criteria used to evaluate the Contractor's performance.

2.9 Dependability: Qualities of being trusted and being able to repeat the same task to yield the same result.

2.10 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.11 Non-Personal Services Contract: Contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

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

2.13 Outcome: End result.

2.15 Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

2.14 Service Contract: is a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may be either a non-personal or a personal contract. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis.

2.15 Service Unit: The local administrative unit of IHS.

2.16 Technical Direction: A directive to the Contractor that approve approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items;

shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical

SOLICITATION: 75H70724Q00054 Page 8 of 63 direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section 5 of this contract.

2.17 Task Order: An order issued in accordance with the terms of the contract that details an ordering activity's specific requirements. An ordering activities written order to obtain services, at a minimum will include the following where applicable: description of services, skill categories, hours, price, period of performance, contract number, and the ordering activities task order number.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Equipment: N/A

SECTION 4: CONTRACTOR-FURNISHED ITEMS:

4.1 Offerors must provide the costs for the satellite Internet service and all required equipment. The cost should include Non-Reoccurring Charges (MRC) and Monthly Recurring Charges (MRC).

SOLICITATION: 75H70724Q00054 Page 9 of 63

SECTION 5 – REQUIREMENTS/SPECIFICATIONS:

5.1 The Contractor shall provide Satellite Internet Service and required equipment to provide internet connectivity to the San Felipe Health Clinic - San Felipe Health & Wellness Department, and Santa Clara Health Center. It is expected the equipment will include a satellite antenna with mounting base, power supply, router and associated cables to interconnecting the equipment.

5.1.1 San Felipe Health & Wellness Department

The San Felipe Indian Health Center located in San Felipe New Mexico (NM) is part of the IHS healthcare delivery system and requires reliable Internet connectivity to access Health records, transmit orders to ancillary departments and access administrative applications required to support daily operations.

The San Felipe Health & Wellness Department requires satellite Internet service and equipment or equivalent satellite Internet service with equipment that meets the requirements below.

The satellite Internet service must be provided by a Low Earth Orbit (LEO) satellite constellation.

The satellite antenna must meet or exceed the following technical features and capabilities:

o Antenna Operation - Electronic Phased Array o Antenna Orientation - Motorized self-orienting.

o Environmental Rating – IP56.

o Field of View – 140°.

o Average Power Usage – 110-150W.

o Operating Temperature - 30°C to 50°C (-22°F to 122°F).

The satellite Internet service must provide an unlimited data plan with the following Performance characteristics:

o 40-220 Mbps download speed.

o 8-25 Mbps upload speed.

o The roundtrip latency for customer attached devices pinging commercial Internet sites such as www.Google.com must average less than 80 milliseconds.

The satellite Internet service must offer two or more service priority tiers to provide business Customers with service precedence over residential users.

The equipment provided with the service must have a RJ45 Gigabit (Gb) Ethernet interface to connect a customer owned and managed router.

The satellite Internet service and equipment must provide a public IP address option that is reachable from any device on the Internet.

5.1.2 Santa Clara Health Center

The Santa Clara Health Center requires Satellite Internet Service and equipment or equivalent satellite Internet service with equipment that meets the requirements below.

The satellite Internet service must be provided by a Low Earth Orbit (LEO) satellite constellation.

The satellite antenna must meet or exceed the following technical features and capabilities:

o Antenna Operation - Electronic Phased Array o Antenna Orientation - Motorized self-orienting.

o Environmental Rating – IP56.

SOLICITATION: 75H70724Q00054 Page 10 of 63 o Field of View – 140°.

o Average Power Usage – 110-150W.

o Operating Temperature - 30°C to 50°C (-22°F to 122°F).

The satellite Internet service must provide an unlimited data plan with the following Performance characteristics:

o 40-220 Mbps download speed.

o 8-25 Mbps upload speed.

o The roundtrip latency for customer attached devices pinging commercial Internet sites such as www.Google.com must average less than 80 milliseconds.

The satellite Internet service must offer two or more service priority tiers to provide business customers with service precedence over residential users.

The equipment provided with the service must have a RJ45 Gigabit (Gb) Ethernet interface to connect a customer owned and managed router.

The satellite Internet service and equipment must provide a public IP address option that is reachable from any device on the Internet.

Based Satellite Internet Service and equipment meeting IHS requirements are listed below.

• Satellite Internet Service – for Fixed Businesses with 2TB Priority Service Plan.

• Satellite Internet Equipment – Fixed High Performance Antenna.

5.2 Work Schedule: Will be between the hours of 8:00 am to 4:30 pm. There will be no scheduled work on weekends or Federal holidays. If there should be any change in normal working hours, this will be coordinate with the COR.

5.3 When the Contractor demonstrates impaired judgement, they cannot continue working on the purchase order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

SOLICITATION: 75H70724Q00054 Page 11 of 63

SECTION 6 – QUALITY ASSURANCE SURVEILLANCE PLAN: Not applicable.

SECTION 7 - PACKAGING AND MARKING

7.1 PACKAGING

All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

7.2 MARKING

Each package/container delivered to the address shown in Section 10 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:

• Name of Contractor

• Contract Number

• Description of Items Contained Therein

• Consignee's Name and Address

7.3 DELIVERY

All deliverables delivered to the following addresses:

San Felipe Health Clinic (SFHC) 04 Cedar Street San Felipe Pueblo, NM 87001

Santa Clara Health Center 400 State Rd. 30 Espanola, NM 87532

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1 INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

8.2 FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause # Title Date

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 11/2023

SOLICITATION: 75H70724Q00054 Page 12 of 63

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1 PERIOD OF PERFORMANCE: The period of performance is a Base Period of 12 months with four - 12 month Option Periods, unless extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Mar 2000); upon written notification by the Contracting Officer within 30 days of contract expiration.

9.2 PLACE OF PERFORMANCE: The contractor must provide Satellite Internet Services to the following Albuquerque Area Indian Health Service Facilities:

9.2.1 San Felipe Health Clinic (SFHC)

Attention: IT Department/Janay Maupin 04 Cedar Street San Felipe Pueblo, NM 87001

(505) 946-9268

9.2.2 Santa Clara Health Center

Attention: IT Department/Janay Maupin 400 State Rd. 30 Espanola, NM 87532

(505) 946-9268

9.3 Travel to and from the facility/office site are not included in the tour of duty and cannot be invoiced as part of Travel to and from the facility/office site. The hours of business are Monday through Friday, from 8:00 AM to 4:30 PM. The actual hours will be scheduled in advance through the designated COR.

9.4 GOVERNMENT HOLIDAYS: (https://www.federalpay.org/holidays)*

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

http://www.opm.gov/fedhol

SOLICITATION: 75H70724Q00054 Page 13 of 63

SECTION 10 - CONTRACT ADMINISTRATION

10.1 AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor.

The Federal Acquisition Regulation defines an unauthorized commitment as an agreement that is not binding solely because the government representative who made it lacked the authority to enter into that agreement on behalf of the government. Only contracting officers have the authority to make purchases or award contracts. Upon receipt and/or execution of any order placed for goods or services, the vendor shall verify that the Government Agent issuing the order has necessary authority to entire into the purchase order/contract. If it is determined that the vendor failed to do so, they may be held liable for future Unauthorized Commitments.

The following individuals will be the Government's points of contact during the performance of this Contract.

10.2 CONTRACTING OFFICER AND ADMINISTRATOR

10.2.1 The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Patricia Trujillo, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6754 Email: patricia.trujillo@ihs.gov

Sent all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

10.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

10.4.1 Janay Maupin, janay.maupin@ihs.gov, (505) 946-9268, is hereby designated as COR for this service.

The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

10.4.2 Travis Snyder, travis.snyder@ihs.gov, (505) 946-9209, is hereby designated as the Alternate COR for this service. The Alternate COR responsibilities will be to help coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions.

10.4.3 The COR and Alternate’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

10.5 TECHNICAL MONITORING

(a) Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate COR designated in writing. The term "technical direction" includes, without mailto:patricia.trujillo@ihs.gov mailto:janay.maupin@ihs.gov mailto:travis.snyder@ihs.gov

SOLICITATION: 75H70724Q00054 Page 14 of 63 limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that

(1) Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

10.6 INVOICE SUBMISSION

10.6.1 The Contractor shall submit invoice per month. Advance payments will not be issued by Finance unless stated herein. Upload complete invoice with all required documentation to:

https://www.ipp.gov

* Please do not sent any copies to the CS or Finance Office for any invoices related documents such as deliverables, reports or balance statements). Failure to upload required documents directly to the website listed above will delay prompt payment of your invoice.

10.6.2 Additionally, the Contractor is required to include the Unique Entity Identifier (UEI) on each invoice.

For additional information about the UEI (hhtps://www.sam.gov).

10.6.3 Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

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

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

10.6.5 Request for Taxpayer Identification Number and Certification

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

1. Encrypted Email: ALB_AOAPinvoices@ihs.gov or

SOLICITATION: 75H70724Q00054 Page 15 of 63

2. Secure Fax: (505) 256-6851 Failure to submit the required form W-9 to the office(s) listed above will delay issuance of the IRS

1099 Form.

10.6.6 All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice.

FAR 32.905(b), Content of Invoices:

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed

(including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice.

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If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(4) Per the Accounts Payable office, failure to submit invoices to the IPP Website can result in delayed payment of your invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer.

10.6.7 HHSAR 352.232-71 - ELECTRONIC SUBMISSION OF INVOICE PAYMENT REQUESTS (FEB 2022)

(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 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. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing 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. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

10.6.8 HHSAR 301-602-3 - RATIFICATION OF UNAUTHORIZED COMMITMENTS

The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority.

Unauthorized commitments do not follow the appropriate process for the expenditure of

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Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.602-1. Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.

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SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1 CONTRACTOR PERFORMANCE EVALUATION REPORT

11.1.1 During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

11.1.2 Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

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SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

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

This Contract incorporates FAR provisions/clauses referenced, 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 website address: FAR -https://www.acguisition.gov/far/index.html.

FAR Clause Title Date

52.203-3 Gratuities Apr 1984

52.203-5 Covenant against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.223-6 Drug-Free Workplace May 2001

52.229-3 Federal, State, and Local Taxes Feb 2013

52.232-11 Extras Apr 1984

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52 .233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.242-13 Bankruptcy Jul 1995

52.242-15 Stop-Work Order Aug 1989

52.253-1 Computer Generated Forms Jan 1991

Following Clauses in Full Text:

12.3 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

https://www.acguisition.gov/far/index.html

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(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.