Sol_75H70626Q00037 - Up to 10 FTEs Medical Technologist Services.pdf
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- Solicitation number
- 75H70626Q00037
About this file
This is a Request for Quote (RFQ) for Medical Technologist services issued by the Indian Health Service for Pine Ridge Service Unit Hospital in Pine Ridge, South Dakota. The solicitation number is 75H70626Q00037, with an offer due date of April 16, 2026, at 12:00 MT. The contract will be a firm fixed unit price performance-based service contract for a 100% Buy Indian Act set-aside, requiring offerors to complete and submit the Indian Health Service Buy Indian Act Indian Economic Enterprise Representation Form.
The contract establishes a multiple option structure with a 12-week base period (May 17, 2026 to August 8, 2026) requiring 5,400 hours at an unspecified hourly rate, followed by seventeen 8-week option periods each requiring 3,600 hours. The position requires 1 minimum to 10 full-time equivalent Medical Technologists or Medical Laboratory Technicians with general laboratory medicine skills (moderate and high complexity) to provide services at Pine Ridge PHS Indian Hospital and outlying health centers, with delivery to multiple destinations in Pine Ridge, SD 57770. The Performance Work Statement specifies five key objectives: accurate and timely specimen processing (95% on-time, 98% accuracy), reliable test performance and result entry (98% accuracy, zero preventable proficiency errors), continuous staffing coverage (98% monthly coverage, no uncovered shifts without approval), safety and regulatory compliance (zero significant violations), and professional conduct (zero substantiated unprofessional conduct incidents). Personnel must meet CLIA requirements for high complexity testing, possess documented training and phlebotomy experience, and comply with all government onboarding and security requirements. The contract incorporates standard FAR clauses, HHSAR provisions addressing privacy, confidentiality, background checks, child abuse reporting, Indian preference, and non-discrimination in service delivery, along with Service Contract Act wage determination 2015-5377 (Revision 29, effective July 8, 2025) establishing minimum wages and fringe benefits. Contractor personnel must perform services as non-personal services under exclusive contractor supervision without creating an employer-employee relationship with the government.
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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
167CODE 16. ADMINISTERED BYCODE
X
X
561320
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR167
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
04/16/2026 1200 MT
03/17/2026
605-867-3369KIM CARPIO
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75H70626Q00037
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 9 IHS1520992OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Pine Ridge SD 57770
Pine Ridge PHS Indian Hospital
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$34
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)
Pine Ridge Service Unit WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
Multiple Destinations
Pine Ridge SD 57770
Pine Ridge PHS Indian Hospital
Pine Ridge Service Unit
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This RFQ is issued as 100% Buy Indian Set-aside.
Please complete the Indian Health Service Buy Indian Act Indian Economic Enterprise Representation Form and submit with your offer/bid.
To establish a multiple option contract with a period of performance commencing upon award. The contract will consist of a base period of 12 weeks followed by seventeen option periods consisting of eight-week option periods to
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
LADONNA L. COLLINS
. 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.
provide Medical Technologist services to the IHS
Pine Ridge Service Unit (PRSU) Hospital located at 607 Indian Health Road, Pine Ridge, South
Dakota 57770.
1 Base Period (3-months): 05/17/26 to 08/08/26
40-45 hours per week including holidays and weekends
5,400 hours @ $_______________ per hour =
Delivery: 08/08/2026
Delivery Location Code: IHSPINERIDGE
PINE RIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 05/17/2026 to 08/08/2026
2 Option Period 1 (2-months): 08/09/26 to 10/03/26
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
9 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
3,600 hours @ $_______________ per hour =
(Option Line Item)
Delivery: 10/03/2026
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 08/09/2026 to 10/03/2026
3 Option Period 2 (2-months): 10/04/26 to 11/28/26
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $_____________ per hour =
(Option Line Item)
Delivery: 11/28/2026
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 10/04/2026 to 11/28/2026
4 Option Period 3 (2-months): 11/29/26 to 01/23/2027
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $_____________ per hour =
(Option Line Item)
Delivery: 01/23/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 11/29/2026 to 01/23/2027
5 Option Period 4 (2-months): 01/24/27 to 03/20/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 03/20/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 01/24/2027 to 03/20/2027
6 Option Period 5 (2-months): 03/21/27 to 05/15/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 05/15/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 03/21/2027 to 05/15/2027
7 Option Period 6 (2-months): 05/16/27 to 07/10/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 07/10/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 05/16/2027 to 07/10/2027
8 Option Period 7 (2-months): 07/11/27 to 09/04/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,6000 hours @ $______________ per hour =
(Option Line Item)
Delivery: 09/04/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 07/11/2027 to 09/04/2027
9 Option Period 8 (2-months): 09/05/27 to 10/30/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 10/30/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 09/05/2027 to 10/30/2027
10 Option Period 9 (2-months): 10/31/27 to 12/25/27
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 12/25/2027
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 10/31/2027 to 12/25/2027
11 Option Period 10 (2-months): 12/26/27 to 02/19/28
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 02/19/2028
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 12/26/2027 to 02/19/2028
12 Option Period 11 (2-months): 02/20/28 to 04/15/28
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 04/15/2028
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 02/20/2028 to 04/15/2028
13 Option Period 12 (2-months): 04/16/2028 to
06/10/2028
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 06/10/2028
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 04/16/2028 to 06/10/2028
14 Option Period 13 (2-months): 06/11/2028 to
08/05/2028
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 08/05/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 06/11/2028 to 08/05/2028
15 Option Period 14 (2-months): 08/06/2028 to
09/30/2028
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 09/30/2028
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 08/06/2028 to 09/30/2028
16 Option Period 15 (2-months): 10/01/2028 to
11/25/2028
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 11/25/2028
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 10/01/2028 to 11/25/2028
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
9 9
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00037
17 Option Period 16 (2-months): 11/26/2028 to
01/20/2029
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 01/20/2029
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 11/26/2028 to 01/20/2029
18 Option Period 17 (2-months): 01/21/2029 to
03/17/2029
Medical Technologist Services - provide 1 minimum and a maximum of 10 FTEs
40-45 hours per week including holidays and weekends
3,600 hours @ $______________ per hour =
(Option Line Item)
Delivery: 03/17/2029
Delivery Location Code: IHSPINERIDGE
IHSPINERIDGE
607 Indian Health Road
E. Hwy 18
PINE RIDGE SD 57770 US
Period of Performance: 01/21/2029 to 03/17/2029
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
LABORATORY TECHNICIAN SERVICES
PERFORMANCE BASED
SECTION 1.0 – PERFORMANCE WORK STATEMENT (PWS)
1.1 Purpose
The purpose of this contract is to ensure continuous, accurate, and timely clinical laboratory support services that enable safe and effective patient care across Pine Ridge I H S Hospital and Outlying Health
Centers.
1.1.2 Period of Performance
To establish a multiple option contract with a period of performance commencing upon award. The contract will consist of a base period of 12 weeks followed by seventeen option periods consisting of eight-week option periods to provide Medical Technologist services to the IHS Pine Ridge Service Unit (PRSU)
Hospital for direct patient care to the Laboratory Department at the Pine Ridge I H S Hospital and Outlying
Health Centers requires a minimum of 1 and a maximum of ten (10) Medical Technologist or Medical
Laboratory Technician with skills in general laboratory medicine (moderate & high complexity) whose mission is to provide full-scope, quality laboratory services to patients of the Oglala Sioux Tribe.
Based on historical workload requirements at the Service Unit, base period requires 5,400 service hours and each option period requires 3,600 service hours.
Contract Delivery type will be a Firm Fixed Unit Price Performance Based Service contract. Staffing levels are determined by acuity and standards of care. This contract establishes a minimum level of support coverage that must be maintained during the life of the contract.
1.2 Performance Objectives
The Contractor shall deliver the following performance-based outcomes:
1.2.1 Objective 1 – Accurate and Timely Specimen Processing
Outcome: Specimens are collected, labeled, processed, and transported in a manner that supports diagnostic timelines.
Performance Standards:
• 1.2.1.1 Processing performed within facility turnaround times at least 95% of the time.
• 1.2.1.2 98% accuracy for specimen mislabeling or chain-of-custody breaches.
• 1.2.1.3 Receives patients, explains methods of procedures, special collection instructions and/or criteria to obtain the best possibly laboratory results.
• 1.2.1.4 Provide diagnostic laboratory testing services to the Pine Ridge Hospital and Outlying
Clinics.
1.2.2 Objective 2 – Reliable Test Performance and Result Entry
Outcome: Moderate and high complexity testing is performed accurately and results are entered correctly.
Performance Standards:
• 1.2.2.1 98% accuracy of results or comments entered into a patient’s electronic health record.
• 1.2.2.2 Zero preventable proficiency testing errors.
• 1.2.2.3 Performs maintenance on all laboratory equipment per manufacturers required timeframes, instructions, and Pine Ridge Hospital and Clinic’s policy and procedures 100% of the time.
• 1.2.2.4 Independently operates moderate or high complexity laboratory equipment 100% of the time by following Pine Ridge Hospital and Clinic’s policy and procedures 100% of the time.
• 1.2.2.5 Maintain daily quality control systems adhering to laboratory standards and Pine Ridge
Hospital and Clinic’s policy and procedures.
• 1.2.2.6 Performs all high complexity testing with great accuracy and high attention to detail by following Pine Ridge Hospital and Clinic’s policy and procedures 100% of the time.
1.2.3 Objective 3 – Continuous Staffing Coverage
Outcome: Laboratory operations remain fully supported with qualified personnel.
Performance Standards:
• 1.2.3.1 98% or greater shift coverage per month. The Contractor shall agree to provide services to patients as they are referred from the Outpatient Clinic and any In-Patient location such as Acute
Care, Surgery, and Emergency Room in a remote rural area. Work hours will be determined by departmental needs, but services will be provided on a scheduled basis but will include all shifts
(days, evenings, nights, weekends and holidays).
• 1.2.3.2 No uncovered shifts without prior Government approval.
• 1.2.3.3 Present candidate submission packet with 100% accuracy ensuring all Pine Ridge Service
Unit Policies are adhered to.
1.2.4 Objective 4 – Safety and Regulatory Compliance
Outcome: Contract employees will know and follow all Pine Ridge Hospital and Clinic’s policy and procedures. Including but not limited to infection control, and facility safety standards.
Performance Standards:
• 1.2.4.1 Zero significant compliance violations.
• 1.2.4.2 Zero preventable safety incidents.
1.2.5 Objective 5 – Professional Conduct and Communication
Outcome: Personnel adhere to high standards of professionalism and confidentiality.
Performance Standards:
• 1.2.5.1 Zero substantiated incidents of unprofessional conduct.
1.3 Contractor Responsibilities
1.3.1 General Responsibilities
The Contractor shall:
• 1.3.1.1 Determine the methods and processes necessary to achieve all performance objectives.
• 1.3.1.2 Provide personnel who meet required qualifications.
• 1.3.1.3 Ensure supervision of all employees for all employer functions.
1.3.2 Personnel Qualifications
Contractor personnel shall:
• 1.3.2.1 Testing Personnel must, at a minimum, meet the current Clinical Laboratory Improvement
Amendments of 1988 (CLIA) education requirements for high complexity testing personnel.
• 1.3.2.2 Have documented training and transcripts that meets 1.3.2.1 above along with documented experience in phlebotomy.
• 1.3.2.3 Have relevant clinical laboratory experience.
• 1.3.2.4 Meet all Government onboarding and security requirements.
1.4 Government Responsibilities
1.4.1 Government-Furnished Support
The Government will provide:
• 1.4.1.1 Laboratory space, equipment, and materials.
• 1.4.1.2 PPE and supplies needed to perform tasks.
• 1.4.1.3 Access to systems necessary for task execution.
• 1.4.1.4 Orientation on facility-specific policies and adhere to Pine Ridge Service Unit Policy for completion deadlines.
1.5 Deliverables
1.6 Non-Personal Services Compliance (Integrated Section)
1.6.1 General Requirement
All services shall be provided strictly as non-personal services in accordance with FAR 37.101 and FAR
37.104. No employer-employee relationship is created between the Government and Contractor personnel.
1.6.2 Contractor Responsibility for Personnel Management
Contractor staff shall:
• 1.6.2.1 Contractor personnel shall perform services independently under the general direction of the Contract Officer Representative. The Government shall not supervise contractor employees nor control the details of performance. Operate under the exclusive supervision and control of the
Contractor.
• 1.6.2.2 Receive all task assignments, direction, and supervision from the Contractor—not
Government staff.
• 1.6.2.3 Be hired, evaluated, paid, and disciplined solely by the Contractor.
Deliverable Description Frequency Format
1.5.1 Attendance/Timekeeping/Invoicing
Report
Actual hours worked, call-offs, substitutions, accurate time keeping, and updated invoicing.
Weekly Electronic
1.5.2 Competency, Policy and Procedures
leading to Adverse Event Reports
1. Incorrectly labeled specimen (all specimens must have 2 unique patient identifiers
[DOB/name/chart number/blood bank number] date and time of draw)
Monthly Electronic
2. Critical value result not documented
(following documentation missing: Called to and read back by, providers name called to, tech name that called result, date and time call placed.
Monthly Electronic
3. Competency assessment: Must be performed by the testing personnel before performing patient testing, 6 months after initial competency, at 1 year and yearly thereafter.
Monthly Electronic
1.5.3 Personnel Roster including completed
competencies.
Roster of staff with qualifications; incomplete candidate submission packets; current licenses, competencies and following policy.
At awards and updates Electronic
1.5.4 Conduct
I-Star or substantiated written/verbal complaints lodged to hospital complaint department or government permanent hospital personnel. With no more than 1 sustained complaint and no repeat instances of same substantiated complaint.
Monthly Electronic
1.5.5 Testing Accuracy for Proficiency Testing
or Known/Unknown Samples.
Testing technician is issued a sample(s) to be tested with instructions on specimen handling and what test to run. Frequency three times a year for proficiency testing and/or during competency assessment. With zero errors.
Completing all necessary documentation electronic and manual reporting paying close attention to detail.
Monthly Electronic
• 1.6.2.4 Follow Contractor-established policies, except where Government rules are required for facility access or safety.
1.6.3 Government Role
Government staff shall:
• 1.6.3.1 Not supervise or direct Contractor personnel.
• 1.6.3.2 Not assign tasks directly to individual Contractor workers.
• 1.6.3.3 Communicate performance expectations and concerns only to the Contractor’s Program
Manager.
• 1.6.3.4 Provide outcome-oriented direction, department needs, not detailed task instructions.
Example, able to float and be proficient in Phlebotomy, Urinalysis, Hematology, Chemistry and
Blood Bank.
1.6.4 Prohibited Government Actions
Government personnel should not:
• 1.6.4.1 Approve Contractor employee leave or schedules.
• 1.6.4.2 Conduct performance appraisals for Contractor staff.
• 1.6.4.3 Issue direct reprimands or corrective actions to Contractor employees.
• 1.6.4.4 Assign daily tasks to Contractor workers. Except for floating to needed areas of the lab or outlying clinics.
• 1.6.4.5 Involve Contractor personnel in inherently governmental functions. Oversight of the contract is managed by the COR designated for this contract. It is the vendor's responsibility to manage timecard information and submit it to the government. Timecards must be monitored by the vendor.
Vendor must offer an electronic time management program for the contract staff to utilize in documenting performance of contract. Government Program management will be given access to software programs to use for validation of services rendered and quality processes (concurrence).
1.6.5 Contractor Responsibilities to Maintain Non-Personal Status
The Contractor shall:
• 1.6.5.1 Provide a single management representative as a point of contact.
• 1.6.5.2 Conduct all HR functions independently.
• 1.6.5.3 Ensure personnel distinguish themselves from Federal employees.
• 1.6.5.4 Ensure personnel do not perform inherently governmental functions.
1.6.6 Inherently Governmental Functions
Contractor personnel shall not perform tasks defined as inherently governmental
Examples include:
• 1.6.6.1 Supervising Federal employees.
• 1.6.6.2 Making policy decisions.
• 1.6.6.3 Directing Federal staff.
• 1.6.6.4 Binding the Government contractually.
SECTION 2.0 – QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
2.1 Purpose
The QASP identifies the methods the Government uses to verify that performance outcomes are achieved.
2.2 Performance Metrics
Objective Standard Surveillance Method
2.2.1 Specimen Processing 95% on time; zero mislabels Random sampling; incident review
2.2.2 Test Accuracy 98% accuracy Record reviews
2.2.3 Staffing Coverage 98% coverage Timekeeping review
2.2.4 Compliance Zero violations Safety inspections
2.2.5 Conduct Zero substantiated complaints Observation; feedback
2.3 Surveillance Methods
2.3.1 Random Sampling
Review of processing logs, TATs, documentation.
2.3.2 100% Incident Review
Any mislabel, safety issues, or complaint is fully reviewed.
2.3.3 Observation
Routine observation by Government staff.
2.3.4 Feedback
Feedback from clinicians, supervisors, and others.
2.4 Remedies
If services fail to meet requirements, the Government may use:
• 2.4.1 Corrective action requests
• 2.4.3 Personnel removal The Government may require the removal and replacement of Personnel because of security actions or other reasons, e.g., removal of unqualified or habitually careless
Personnel or the removal of Personnel that cannot perform the tasks assigned or display unacceptable conduct.
• 2.4.4 Non-exercise of option periods
SECTION 3.0 – BEST VALUE EVALUATION FACTORS
3.1 Evaluation Approach
A Best Value Tradeoff process will be used. Technical factors, when combined, are more important than price.
3.2 Evaluation Factors
• 3.2.1 Technical Understanding and Staffing Capability
• 3.2.2 Past Performance
• 3.2.3 Price
3.3 Technical Understanding and Staffing Capability
Evaluated for:
• 3.3.1 Staffing reliability
• 3.3.2 Methods supporting accuracy, timeliness, compliance
• 3.3.3 Quality control
• 3.3.4 Recruiting/retention capability
• 3.3.5 Candidate Qualifications: Reviewed for:
• 3.3.6 Minimum PWS credentials; Including timely compliance with background or credentialling requirements.
• 3.3.7 Relevant experience
• 3.3.8 Specialized skills
3.5 Past Performance
Assessed for:
• 3.5.1 Quality of service
• 3.5.2 Timeliness
• 3.5.3 Staffing stability
• 3.5.4 Regulatory compliance
3.6 Price Evaluation
Evaluation factors other than price when combined are significantly more important than price.
SECTION 4.0 – RISK-BASED QUOTE INSTRUCTIONS
4.1 Overview
Offerors shall submit only the information listed below. Unrequested materials will not be evaluated.
4.2 Required Submission Items
4.2.1 Staffing Approach (2 pages)
Explain how performance objectives will be met, including:
• 4.2.1.1 Staffing reliability
• 4.2.1.2 Coverage contingencies
• 4.2.1.3 Accuracy/compliance controls
• 4.2.1.4 Supervisory/quality oversight
4.2.2 Candidate Qualifications
Include resumes or qualification summaries.
4.2.3 Past Performance (up to 3 references)
Provide contact info and summary of similar work.
4.2.4 Timekeeping & Attendance Plan (1 page)
Describe tracking, reporting, and contingency handling.
4.3 Submission Requirements
4.3.1 Format
• 4.3.1.1 PDF or Word format
• 4.3.1.2 10 pages maximum (excluding resumes)
• 4.3.1.3 No brochures or marketing materials
4.4 Responsibility Determination
The Government will verify SAM registration and responsibility under FAR 9.104.
DEPARTMENT OF HEALTH & HUMAN SERVICES
Indian Health Service
Office of Management Services Division of Acquisition Policy (DAP)
5600 Fishers Lane Rockville, MD 20857
INDIAN HEALTH SERVICE
BUY INDIAN ACT
INDIAN ECONOMIC ENTERPRISE
REPRESENTATION FORM
SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________
PROJECT TITLE: ________________________________________________________
DATE: ___________________________________________________________________
In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.
The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:
(1) At the time an offer is made in response to this solicitation;
(2) At the time of contract award; and
(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.
Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).
Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and punishable under 18 U.S.C. 1001.
False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.
REPRESENTATION
The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.
Name of the 51% owner of IEE Firm
Certifying Signature
Print Name
Name of Federally Recognized Tribal Entity
Business Name
DUNS Number
(Firm Fixed-Price, Commercial Item)
Clauses Incorporated by Reference
FAR Citation Clause Title Clause Date
52.204-7 System for Award Management—Registration. Oct 2025 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management—Maintenance. Oct 2025 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. Oct 2025
52.212-4 Terms and Conditions—Commercial Products and Commercial Services. Oct 2025 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.237-1 Site Visit. Apr 1984 52.237-2 Protecting of Government Buildings, Equipment, and Vegetation. Apr 1984 52.253-1 Computer Generated Forms. Oct 2025
Clauses Incorporated in Full Text
52.212-2 Evaluation—Commercial Products and Commercial Services. Oct 2025 52.217-5 Evaluation of Options. Oct 2025 52.217-8 Option to Extend Services. Nov 1999 52.217-9 Option to Extend the Term of the Contract. Mar 2000 52.219-1 Small Business Program Representations. Nov 2025 52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984 52.225-1 Buy American—Supplies. Oct 2025 52.237-7 Indemnification and Medical Liability Insurance. Oct 2025 52.252-2 Clauses Incorporated by Reference. Feb 1998
52.212-2 Evaluation—Commercial Products and Commercial Services.
As prescribed in 12.205(a)(2), insert a provision substantially as follows:
EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
SECTION 3.0 – BEST VALUE EVALUATION FACTORS
3.1 Evaluation Approach
A Best Value Tradeoff process will be used. Technical factors, when combined, are more important than price.
3.2 Evaluation Factors
• 3.2.1 Technical Understanding and Staffing Capability
• 3.2.2 Past Performance
• 3.2.3 Price
3.3 Technical Understanding and Staffing Capability
Evaluated for:
• 3.3.1 Staffing reliability
• 3.3.2 Methods supporting accuracy, timeliness, compliance
• 3.3.3 Quality control
• 3.3.4 Recruiting/retention capability
• 3.3.5 Candidate Qualifications: Reviewed for:
• 3.3.6 Minimum PWS credentials; Including timely compliance with background or credentialling requirements.
• 3.3.7 Relevant experience
• 3.3.8 Specialized skills
3.5 Past Performance
Assessed for:
• 3.5.1 Quality of service
• 3.5.2 Timeliness
• 3.5.3 Staffing stability
• 3.5.4 Regulatory compliance
3.6 Price Evaluation
Evaluation factors other than price when combined are significantly more important than price.
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.217-5 Evaluation of Options.
As prescribed in 17.203(c), insert a provision substantially the same as the following:
EVALUATION OF OPTIONS (DEVIATION DATE)
Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.
Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
52.217-8 Option to Extend Services.
As prescribed in 17.203(f), insert a clause substantially the same as the following:
OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract.
These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The
Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
(End of clause)
52.217-9 Option to Extend the Term of the Contract.
As prescribed in 17.203(g), insert a clause substantially the same as the following:
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the
Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.
The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty- four months.
(End of clause)
52.219-1 Small Business Program Representations.
As prescribed in 19.101(a)(2)(ii)(A), insert the following provision:
SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION DATE)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least
51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the
Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].
(2) The small business size standard is _______ [insert size standard].
https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.103
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that—
(i) it □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern].
The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a
HUBZone concern.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
Alternate I [Reserved]
Alternate II (MAR 2023). As prescribed in 19.101(a)(2)(ii)(B), substitute the following paragraphs (b) and (c)(1) for paragraphs (b) and (c)(1) of the basic provision:
(b)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:
NAICS Code Size standard
[Contracting Officer to insert NAICS codes and size standards].
(2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is
500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations. (1) The Offeror shall represent its small business size status for each one of the NAICS codes assigned to this acquisition under which it is submitting an offer.
NAICS Code Small business concern (yes/no)
[Contracting Officer to insert NAICS codes.]
52.224-1 Privacy Act Notification.
As prescribed in 24.104, insert the following clause in solicitations and contracts:
PRIVACY ACT NOTIFICATION (APR 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 ( 5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.
(End of clause)
52.224-2 Privacy Act.
As prescribed in 24.104, insert the following clause in solicitations and contracts:
PRIVACY ACT (APR 1984)
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim
(a) The Contractor agrees to-
(1) Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and
(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.
(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(End of clause)
52.237-7 Indemnification and Medical Liability Insurance.
As prescribed in 37.601-3, insert the following clause:
INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (DEVIATION DATE)
(a) It is expressly agreed and understood that this is a nonpersonal services contract, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: ______.
(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.
(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.
(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.
(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.
(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.
(End of clause)
52.252-2 Clauses Incorporated by Reference.
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more…
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