SF-1449 Solicitation 75H70725Q00013 - Orthopedic Supplies SFIHC.pdf

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OFFEROR

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

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339113

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REQUEST FOR

PROPOSAL

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10. THIS ACQUISITION ISCODE

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14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

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SMALL BUSINESS

12/20/2024 1230 MD

11/22/2024

505-256-6754PATRICIA TRUJILLO

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INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70725Q00013

5. SOLICITATION NUMBER

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

1 55 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

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

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SEE SCHEDULEX

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13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

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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 Orthopedic Supplies, Santa Fe, NM.

This is a combined synopsis for Indian Health Service (IHS) for commercial items or services prepared in accordance with format in FAR 12.6, as supplemented with additional information included in this notice.

(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

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ARE

ARE

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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AND 52.212-5 ARE ATTACHED. ADDENDA

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OFFER

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

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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, 2025 to TBD, 2026, for Orthopedic

Supplies for the Santa Fe Indian Health Center.

2 OPTION YEAR ONE: TBD, 2026 to TBD, 2027, for

Orthopedic Supplies for the Santa Fe Indian

Health Center.

3 OPTION YEAR TWO: TBD, 2027 to TBD, 2028, for

Orthopedic Supplies for the Santa Fe Indian

Health Center.

4 OPTION YEAR THREE: TBD, 2028 to TBD, 2029, for

Orthopedic Supplies for the Santa Fe Indian

Health Center.

5 OPTION YEAR FOUR: TBD, 2029 to TBD, 2030, for

Orthopedic Supplies for the Santa Fe Indian

Health Center.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

55 2 of

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

SANTA FE INDIAN HEALTH CENTER

SECTION 1: GENERAL:

1.1 SERVICES

1.1.1 The Indian Health Service (IHS), Albuquerque Area Office (AAO) Santa Fe Indian Health Center (SFIHC) has a need for Orthopedic Supplies, Santa Fe, New Mexico.

1.2 PRICE OR COST

1.2.1 This solicitation will result in a Firm-Fixed-Price (FFP) Purchase Order acquisition with a Base + 4 Option Year periods.

1.3 GENERAL CONTRACT INFORMATION:

1.3.1 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 this contract is $ (TBD).

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 Service Total Amount

P/Year

CLIN 1 BASE YEAR

TBD, 2025 to TBD, 2026

Orthopedic Supplies for Santa Fe Indian Health Center (SFIHC) $

TOTAL FOR BASE YEAR: $

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 deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment 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 or the FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in Section I, Contract Clauses, 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 PWS of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(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:

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

SCHEDULE OF OPTION PERIODS:

Item # Contract Period Description of Service Total Amount

P/Year

CLIN 2 OPTION YEAR ONE

TBD, 2026 to TBD, 2027

Orthopedic Supplies for Santa Fe Indian Health Center (SFIHC) $

TOTAL FOR OPTION YEAR ONE: $

Total Amount

P/Year

CLIN 3 OPTION YEAR TWO

TBD, 2027 to TBD, 2028

Orthopedic Supplies for Santa Fe

TOTAL FOR OPTION YEAR TWO: $

P/Year

CLIN 4 OPTION YEAR THREE

TBD, 2028 to TBD, 2029

Orthopedic Supplies for Santa Fe

TOTAL FOR OPTION YEAR THREE: $

P/Year

CLIN 5 OPTION YEAR FOUR

TBD, 2029 to TBD, 2030

Orthopedic Supplies for Santa Fe Indian Health Center (SFIHC) $

TOTAL FOR OPTION YEAR FOUR: $

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 delivery services.

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

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.

2.12 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.

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

2.14 Outcome: End result.

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

2.17 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.

2.18 Service Unit: The local administrative unit of IHS.

2.19 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 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.

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Not Applicable

SECTION 4: CONTRACTOR-FURNISHED ITEMS:

4.1 Provide Orthopedic Supplies to the Santa Fe Indian Health Center, Santa Fe, New Mexico.

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

SECTION 5 – REQUIREMENTS:

5.1 The contractor will provide Orthopedic Supplies to the following Indian Health Service Albuquerque Area – Santa Fe Indian Health Center, 1700 Cerrillos Road, Santa Fe, New Mexico 87505.

5.1.1 The contractor shall provide a Customer Services representative assigned to the account to assist in providing information on product description, product ordering and coordinating delivery arrangements.

5.1.2 The Contractor shall ensure expiration dates of at least 1 year beyond the time of shipping on all orthopedic supplies.

5.1.3 The Contractor shall not make any substitutions without first receiving approval from ordering official.

5.1.4 The Contractor shall provide a controlled environment for storage and transport of orthopedic supplies that comply with the U.S. Food and Drug Administration regulations.

5.1.5 The Contractor shall be responsible to provide a confirmation number and expected delivery date at the time of order.

5.1.6 The Contractor shall provide the ability to return incorrect items within 2 weeks of being notified of the error and credited for those items or a placement within 30 days of items being returned.

5.1.7 The Contractor shall properly address the packages noting attention to the specific ordering department labeled on the package and/or packing list.

5.1.8 The Contractor shall properly pack orthopedic supplies to ensure safe handling and transport.

5.1.9 The Contractor shall provide Santa Fe Service Unit a comprehensive electronic report of product usage to include the date of purchase, cost, delivery location, date/time of delivery and an itemized description of the supplies purchased including the quantity and provide of all items that are easily understandable and formatted.

5.1.10 The Contractor shall provide a past performance contact information sheet.

5.2 Emergency Preparedness

5.2.1 The Contractor shall provide the ability to drop-ship during disaster operations with the flexibility to use commercial carriers and/or provide couriers to serve the needs of the Santa Fe Service Unit in a time of a disaster preparedness or response.

5.2.2 The Contractor shall ship orthopedic supplies to the Santa Fe Indian Health Clinic within 24-hours during disaster operations.

Orthopedic Supply Listing (Brand Name/Equal):

Item#: Description:

8140062 ENVELOPE STYLE ARM SLING SM

8140063 ENVELOPE STYLE ARM SLING MD

8140064 ENVELOPE STYLE ARM SLING LG

8140065 ENVELOPE STYLE ARM SLING XL

8140282 ANKLIZER II WALKER FIXED (BOOT) SM

8140284 ANKLIZER II WALKER FIXED (BOOT) MD

8140285 ANKLIZER II WALKER FIXED (BOOT) LG

8140286 ANKLIZER II WALKER FIXED (BOOT) XL

8142660 20" COMFOR KNEE IMMOBILIZER UNIV

8142665 18" COMFOR KNEE IMMOBILIZER UNIV

8142666 16" COMFOR KNEE IMMOBILIZER UNIV

8143262 POST-OP SHOE DLX 1 FEMALE SM

8143263 POST-OP SHOE DLX 1 FEMALE MD

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

8143264 POST-OP SHOE DLX 1 FEMALE LG

8143282 POST-OP SHOE DLX 1 MALE SM

8143273 POST-OP SHOE DLX 1 MALE MD

8143274 POST-OP SHOE DLX 1 MALE LG

8145601 L'TIMATE KNEE SLEEVE XS

8145602 L'TIMATE KNEE SLEEVE SM

8145603 L'TIMATE KNEE SLEEVE MD

8145604 L'TIMATE KNEE SLEEVE LG

8145605 L'TIMATE KNEE SLEEVE XL

8145606 L'TIMATE KNEE SLEEVE 2XL

8145607 L'TIMATE KNEE SLEEVE 3XL

8145608 L'TIMATE KNEE SLEEVE 4XL

8145612 L'TIMATE KNEE SLEEVE W/CO SM

8145613 L'TIMATE KNEE SLEEVE W/CO MD

8145614 L'TIMATE KNEE SLEEVE W/CO LG

8145615 L'TIMATE KNEE SLEEVE W/CO XL

8145616 L'TIMATE KNEE SLEEVE W/CO 2XL

8145617 L'TIMATE KNEE SLEEVE W/CO 3XL

8145618 L'TIMATE KNEE SLEEVE W/CO 4XL

8145692 L'TIMATE HINGED KNEE W/BUTTRESS SM

8145693 L'TIMATE HINGED KNEE W/BUTTRESS MD

8145694 L'TIMATE HINGED KNEE W/BUTTRESS LG

8145695 L'TIMATE HINGED KNEE W/BUTTRESS XL

8145696 L'TIMATE HNGED KNEE W/BUTTRESS 2XL

8145697 L'TIMATE HINGED KNEE W/BUTTRESS 3XL

8146111 FINGER PROTECTOR 3.5" PAD 12/PK

8146121 FINGER PROTECTOR 2.5" PAD 12/PK

8146141 FINGER PROTECTOR 1.5" PAD 12/PK

8146221 FINGER COT 3" PADDED 12/PK

8146231 FINGER COT 2" PADDED 12/PK

8146293 HKO ANTERIOR CLOSURE KNEE MED

8146294 HKO ANTERIOR CLOSURE KNEE LG

8146295 HKO ANTERIOR CLOSURE KNEE XL

8146296 HKO ANTERIOT CLOSURE KNEE 2XL

8146241 FINGER COT 1" PADDED 12/PK

8146601 7" CURVED FINGER SPLINT PAD 12/PK

8146611 6" CURVED FINGER SPLINT PAD 12/PK

8146621 3.5" CURVED FINGER SPLINT PAD 12/PK

8146631 2.5" CURVED FINGER SPLINT PAD 12/PK

8146641 1.5" CURVED FINGER SPLINT PAD 12/PK

8146651 4.5" CURVED FINGER SPLINT PAD 12/PK

8147040 BAND-IT TENNIS ELBOW SUPPORT

8147102 COMFOR NEOPRENEKNEE SUPPORT SM

8147103 COMFOR NEOPRENE KNEE SUPPORT MD

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

8147104 COMFOR NEOPRENE KNEE SUPPORT LG

8147105 COMFOR NEOPRENEKNEE SUPPORT XL

8147112 COMFOR NEOPRENE KNEE SUPPORT W/CO SM

8147113 COMFOR NEOPRENE KNEE SUPPORT W/CO MD

8147114 COMFOR NEOPRENE KNEE SUPPORT W/CO LG

8147115 COMFOR NEOPRENE KNEE SUPPORT W/CO XL

8147116 COMFOR NEOPRENE KNEE SUPPORT W/CO 2XL

8147360 PRIMO WRIST W/THUMB BLK XXS RT

8147361 PRIMO WRIST W/THUMB BLK XS RT

8147362 PRIMO WRIST W/THUMB BLK SM RT

8147363 PRIMO WRIST W/THUMB BLK MD RT

8147364 PRIMO WRISTW/THUMB BLK LG RT

8147365 PRIMO WRIST W/THUMB BLK XL RT

8147370 PRIMO WRIST W/THUMB BLK XXS LT

8147371 PRIMO WRIST W/THUMB BLK XS LT

8147372 PRIMO WRIST W/THUMB BLK SM LT

8147373 PRIMO WRIST W/THUMB BLK MD LT

8147374 PRIMO WRIST W/THUMB BLK LG LT

8147375 PRIMO WRIST W/THUMB BLK XL LT

8147380 PRIMO WRIST BRACE BLACK XXS RT

8147381 PRIMO WRIST BRACE BLACK XS RT

8147382 PRIMO WRIST BRACE BLACK SM RT

8147383 PRIMO WRIST BRACE BLACK MD RT

8147384 PRIMO WRIST BRACE BLACK LG RT

8147385 PRIMO WRIST BRACE BLACK XL RT

8147390 PRIMO WRIST BRACE BLACK XXS LT

8147391 PRIMO WRIST BRACE BLACK XS LT

8147392 PRIMO WRIST BRACE BLACK SM LT

8147393 PRIMO WRIST BRACE BLACK MD LT

8147394 PRIMO WRIST BRACE BLACK LG LT

8147395 PRIMO WRIST BRACE BLACK XL LT

8147440 ARMBAND TENNIS ELBOW UNIV

8148801 KELLEY CAST BOOT OPEN XS

8148802 KELLEY CAST BOOT OPEN SM

8148803 KELLEY CAST BOOT OPEN MD

8148804 KELLEY CAST BOOT OPEN LG

8148805 KELLEY CAST BOOT OPEN XL

8149042 2" DLX ELASTIC BANDAGE W/HOOK SYD

8149043 3" DLX ELASTIC BANDAGE W/HOOK SYD

8149044 4" DLX ELASTIC BANDAGE W/HOOK SYD

8149046 6

DLX ELASTIC BANDAGE W/HOOK SYD

8149132 2" POLY-COTTON STOCKINETTE 25YD

8149133 3" POLY-COTTON STOCKINETTE 25YD

8146134 4" POLY-COTTON STOCKINETTE 2SYD

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

8149136 611 POLY-COTTON STOCKINETTE 25YD

11241521 CAMBION HEEL SPUR CUSHION SZ B

11241522 CAMBION HEEL SPUR CUSHION SZ C

11241523 CAMBION HEEL SPUR CUSHION SZ D

5.3 Performance Evaluation:

5.3.1 Orthopedic Supplies will be compatible to the supply listing provided.

5.3.2 Customer Support to provide guidance in case of any technical or shipping issued with the Orthopedic Supplies provided.

5.3.3 Orthopedic Supplies ordered through company will be shipped and received within 5 business days.

5.3.4 Expiration date of supplies will be less than 6 months from date of supplies received.

5.4 The Contractor will immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.

5.5 Contractor Qualification Requirements:

5.5.1 Certification. No Certification required.

5.5.2 Experience. Should at least have 3 to 5 years of experience.

5.6.3 Subpoenas/Testimonies:

Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony. As stated in Section 5- 27.3(8)(9) of the Indian Health Manual.

5.6 Challenges to Conflicts:

5.7.1 First Priority: Contractor's Agency

5.7.2 Second Priority: COR

5.7.3 Third Priority: CO

5.7 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.

5.8 APPLICABLE DOCUMENTS: Not Applicable

SECTION 6 - QUALITY ASSURANCE SURVEILLANCE PLAN:

“For Information Purposes Only. This Quality Assurance Surveillance Plan is not part of the purchase order or will not be made part of any resulting contract.”

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

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:

Santa Fe Indian Health Center (SFIHC) Attn: General Services Department 1700 Cerrillos Road Santa Fe, New Mexico 87505

(505) 946-9209

Deliveries are received within the General Services Department Monday through Friday, between the hours of 8:00 am and 4:30 pm (Excluding Federal Holidays).

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

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 No. Title Date

52.246-2 Inspection of Supplies– Fixed Priced (Aug 1996)

SOLICITATION #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

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 (Oct 2014); upon written notification by the Contracting Officer within 30 days of contract expiration.

9.1.1 Services under this contract shall commence NLT 10 days after all clearances occur.

Base: TBD, 2025 to TBD, 2026 Option Year 1: TBD, 2026 to TBD, 2027 Option Year 2: TBD, 2027 to TBD, 2028 Option Year 3: TBD, 2028 to TBD, 2029 Option Year 4: TBD, 2029 to TBD, 2030

9.1.2 Performance must be for the period of TBD, 2025 to TBD, 2026 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

9.1.3 Total contract award must not exceed five years. Based option year renewals on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.

9.2 PLACE OF PERFORMANCE: The contractor must provide Orthopedic Supplies to the following Albuquerque Area Indian Health Service Facility:

9.2.1 Santa Fe Indian Health Center (SFIHC)

Attn: Travis Snyder General Services Department 1700 Cerrillos Road Santa Fe, NM 87505

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 Day 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 #: 75H70725Q00013 ORTHOPEDIC SUPPLIES

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

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 enter 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 contacts during the performance of this Contract.

10.2 CONTRACTING OFFICER

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, Contract Officer (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) & ALTERNATE

10.4.1 Travis Snyder, travis.snyder@ihs.gov, (505) 946-9209, 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 Celeste Denipah, celeste.denipah@ihs.gov, (505) 946-9329, 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 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;

mailto:patricia.trujillo@ihs.gov mailto:travis.snyder@ihs.gov mailto:celeste.denipah@ihs.gov

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(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 invoices per order. Advance payments will not be issued by Finance unless stated herein. Electronically send a complete invoice with all required documentation to https://IPP.gov

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

10.6.2 Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. 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.

10.6.3 Additionally, the Contractor is required to include its Unique Entity Identifier (UEI) which replaces the Data Universal Numbering System (DUNS) number on each invoice. For additional information about UEI (https://www.sam.gov).

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 10.5.5 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

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:

(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.)

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(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. 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.

10.6.7 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."

10.6.8 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.

10.6.9 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

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information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.

10.6.10 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.

10.6.11 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 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.

11.2 IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES

11.2.1 The Contractor is not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224- 70)

11.2.2 Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of Santa Fe Indian Health Center, New Mexico.

11.2.3 The vendor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Dissemination of Information, prior approval shall be obtained from the Government Contracting Officer for the release or dissemination of information related to this contract.

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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.acquisition.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

52.204-7 System for Award Management Oct 2018

52.204-9 Personal identity Verification of Contractor Personnel Jan 2011

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

52.232-11 Extras Apr 1984

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

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.237-3 Continuity of Services Jan 1991

52.242-13 Bankruptcy Jul 1995

52.249-8 Default (Fixed-Price Supply and Service) Apr 1984

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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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-

(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 Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(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.

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(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.

(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 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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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…