Sol_75H70626Q00101.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

163IHSBELCOURT CODE 16. ADMINISTERED BYCODE

X

X

X

621498

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR163

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

03/09/2026

FARRAH AZURE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

04/07/2026 1200 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00101

5. SOLICITATION NUMBER

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

1 38 IHS1521856OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Belcourt ND 58316

P.O. Box 160

1300 Hospital Road

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25.5

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)

Belcourt PHS Indian Hospital WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

Belcourt ND 58316

PO Box 160

1300 Hospital Road

Q.N.B.M.H.C.F

IHSBELCOURT

Belcourt ND 58316

PO Box 160

1300 Hospital Road

Belcourt PHS Indian Hospital

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Polysomnography sleep and home studies for the respiratory department at the Quentin N Burdick Memorial Health Care Facility in Belcourt, ND to include a one (1) year base period and four (4) one-year option periods.

Base Year:___________________________________ Option Period One (1):_______________________ Option Period Two (2):_______________________ Option Period Three (3):_____________________ Option Period Four (4):______________________

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . 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.

Delivery: 03/22/2027

1 700 Polysomnography sleep studies at the Quentin

N Burdick Memorial Health Care Facility.

Base Year.

Period of Performance: 03/23/2026 to 03/22/2027

2 130 Home Sleep Studies for Quentin N Burdick

Memorial Health Care Facility in Belcourt, ND.

Base Year.

Period of Performance: 03/23/2026 to 03/22/2027

3 700 Polysomnography sleep studies at the Quentin

N Burdick Memorial Health Care Facility.

Option Period One (1).

(Option Line Item)

03/23/2027

Period of Performance: 03/23/2027 to 03/22/2028

4 130 Home Sleep Studies for Quentin N Burdick

Memorial Health Care Facility in Belcourt, ND.

Option Period One (1).

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

38 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00101

03/23/2027

Period of Performance: 03/23/2027 to 03/22/2028

5 700 Polysomnography sleep studies at the Quentin

N Burdick Memorial Health Care Facility.

Option Period Two (2).

(Option Line Item)

03/23/2028

Period of Performance: 03/23/2028 to 03/22/2029

6 130 Home Sleep Studies for Quentin N Burdick

Memorial Health Care Facility in Belcourt, ND.

Option Period Two (2).

(Option Line Item)

03/23/2028

Period of Performance: 03/23/2028 to 03/22/2029

7 700 Polysomnography sleep studies at the Quentin

N Burdick Memorial Health Care Facility.

Option Period Three (3).

(Option Line Item)

03/23/2029

Period of Performance: 03/23/2029 to 03/22/2030

8 130 Home Sleep Studies for Quentin N Burdick

Memorial Health Care Facility in Belcourt, ND.

Option Period Three (3).

(Option Line Item)

03/23/2029

Period of Performance: 03/23/2029 to 03/22/2030

9 700 Polysomnography sleep studies at the Quentin

N Burdick Memorial Health Care Facility.

Option Period Four (4)

(Option Line Item)

03/23/2030

Period of Performance: 03/23/2030 to 03/22/2031

10 130 Home Sleep Studies for Quentin N Burdick

Memorial Health Care Facility in Belcourt, ND.

Option Period Four (4).

(Option Line Item)

03/23/2030

Period of Performance: 03/23/2030 to 03/22/2031

The quoted unit price is an all-inclusive cost.

All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00101

Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

Unique Entity

ID:__________________________________

The Unique Entity ID (UEI) is required, provided you do not have one, you may visit SAM.gov to obtain one. You will need a UEI to be awarded the purchase order and must be registered with an

Active, Registration in the System for Award

Management (SAM), you can register at www.sam.gov

Federal Tax ID

Number:__________________________________

Email Address:__________________________________

Net Terms:__________________________________

The quoter is hereby notified that they must be registered in SAM (System for Award Management) before the Government will issue an award.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section C Statement of Work

Quentin N Burdick Memorial Healthcare Facility

January 1, 2026

C-1 Purpose of Contract

Provide Polysomnography testing or sleep studies along with ancillary equipment that is required for Polysomnography lab testing and analysis that would be provided by the Contractor for Quentin N Burdick Memorial Health Care Facility.

The mission of the Quentin N Burdick Memorial Healthcare Facility in Belcourt, North Dakota is to provide the best possible health care services to the Native American population on the Turtle Mountain Indian reservation. The total 27 bed Inpatient facility is also known as the Belcourt Indian Health Service Hospital, the Belcourt Service Unit, or the IHS hospital.

To meet the mission, the Quentin N Burdick Memorial Health Care Facility requires contractor support to assist the Facility in the provision of Polysomnography (PSG) testing services. The contract effort shall be tailored to provide the equipment and technical support and supplied necessary to perform Polysomnography testing.

The contractor shall comply with all materials aspects of applicable laws and regulations governing the licensing, as applicable and conduct of its personnel” with the ethical standards of the healthcare industry and with the applicable policies, procedures, rules and regulations of Hospital. Contractor shall cooperate with Hospital in satisfying all requirements needed with respect to the sleep lab industry to aid Hospital in maintained its accreditation, licensure, Medicare, Medicaid and other governmental program provider status.

Each contract resulting from this solicitation shall

(a) Provide a fixed-price, non-personal service contract that allows Quentin N Burdick Health Care Facility, to collect both technical and professional components of said contract.

(b) Allow the Government to evaluate the quality of professional and administrative Services provided, but retain no control over the medical, professional aspects of the services rendered (e.g., professional judgements, diagnosis for specific medical treatments.

(c) Require the Contractor to identify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during the contract performance.

(d) Require the contractors to ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7 (section I-4), including the maintenance of medical liability insurance.

C-2 Statement of Work

a. Provide certain sleep testing services to satisfy the Hospital needs and the community needs for quality sleep testing.

b. Provide Inservice training for medical and nursing staff of the Hospital upon reasonable request by Hospital.

c. Personnel: Provide qualified personnel to perform the services who are Respiratory Therapists or Polysomnography technicians. Contractor will ensure that personnel provided to perform the service meet the Hospitals and applicable regulatory competency and proficiency standards and will make available documentation of such competency and proficiencies as requested by Hospital. Their personal shall conduct sleep studies for Hospital patients (which shall include applying equipment to the patients), Monitor patients undergoing studies during testing, and give technical and other support to Program director. Any personnel providing assistance to Program Director hereunder shall be and remain employees of the contractor and may be disciplined, transferred or discharged only by the contractor. Contractor shall provide Program Director with opportunities to provide input about the performance of such personnel to appropriate Contractor’s management.

d. Equipment PSG: Contractor shall provide, maintain and make available the equipment reasonable for the providers at Hospital of the Service. The equipment shall include, but not to be limited to, all equipment necessary for a multi-channel Polysomnography sleep study and nasal CPAP equipment. Hospital shall promptly notify the contractor (by in -person or telephone report to Contractor, followed by a written report, if requested) of any defect, malfunction or other deficiency of such equipment of which Hospital becomes aware within ten (10) days of the discovery. New equipment may be recommended by the Hospital, but Contractor shall have sole discretion to determine whether to purchase such recommended equipment. Hospital shall take reasonable measures to ensure that any equipment that remains at the Hospital will be kept secured. The hospital will designate a clean storage area for the equipment to be properly stored. Equipment when stored in this designated area will be cleaned per manufacturer's guidelines. This is to include date it was cleaned, bag over the cleaned items indicating the equipment is ready for the next patient use.

Equipment HST: Contractor will provide WatchPAT ONE, which is a Home sleep Apnea Device (HST) that utilizes the peripheral arterial signal for sleep apnea diagnosis. It measures up to 7 channels (PAT signal, heart rate, oximetry, actigraphy, body position, snoring and chest motion. The device is clinically validated with an 89% correlation to an in-lab PSG. The device is disposable which allows for no risk of Coronavirus infection and can be mailed directly to the patient’s home.

e. Supplies: Contractor shall provide all supplies necessary to provide the services. Hospital shall make reasonable efforts to advise Contractors concerning the supplies needed, provided that, Contractor shall have sole discretion to determine whether to purchase such recommended supplies.

f. Medical Records: Contractor shall be reasonable for the maintenance of all the patients’ records pertaining to the services performed hereunder, in accordance with the Hospitals approved standards and will provide written reports to Program director and interpreting physician. The contractor shall have sole discretion to determine whether to purchase such recommended supplies.

g. Quality Improvement: Contractor shall participate as requested, in Hospital utilization review, Quality improvement, peer review and similar programs and committees with respect to the services. The contractor shall address and correct professional quality issues identify by any such program or committee in an appropriate and timely manner.

h. Reporting: Contractor shall report to Program manager of Hospital who contracts the service. Any complaints relating to the services provided here under received by hospital or contractor shall be forwarded to an appropriate official of the other party for the mutual resolution or for notice resolution.

The Contractor shall comply with all I.H.S facility infection control and safely procedures, practices, and standards.

The contractor and/or sub-contractor shall respect and maintain the basic rights of patients, to include but not be limited to personal dignity.

C-3 GDX Technician Qualifications.

Contractor GDX technician(s) “CNFAT” shall be certified by the certification agency or equivalent.

It is a condition of this contract that all required certifications in this Statement of Work remain current during the life of this contract.

Contractor technician must hold a current, unrestricted Certification from any of the 50 United States of the Commonwealth of Puerto Rico.

The Contractor technician shall speak, understand, read, and write English fluently and communicate with sufficient clarity to be understood by Aberdeen Area Indian Service personnel and patients.

The contractor technician shall not have any work or health restrictions which interfere with the performance of sleep services.

The Contractor shall possess sufficient initiate, interpersonal relationship skills and social sensitivity such that he/she can relate constructively to patients from Native American communities in the Aberdeen Area I.H.S.

The Contractor technician shall maintain standards of personal hygiene and grooming such that his/her image as a health care provider is compatible with expectations of the Aberdeen Area Indian Health Service clinical staff and the Native American community.

C-4 GOVERNMENT FURNISHED PROPERTY, FACILITIES, AND SERVICES

The service unit shall provide administrative and professional ancillary support deemed necessary to support the function(s). Contractor and Hospital shall mutually agree on the scheduling of sleep studies outside of the normal operating hrs.

The service unit shall provide all required blank Government forms applicable to the Indian Health Service. Service Unit personnel will also provide appropriate orientation to the necessity of such forms.

The service unit shall provide an ongoing method of monitoring and evaluation of the quality and appropriates of patient care, and of identifying defiance in the quality of services performed before the level of performance becomes unacceptable.

Transcription service is available at the service unit. Additionally, handwritten documentation of medical records is acceptable.

Program Director. Hospital will provide Respiratory Therapy to assist the contractor as may be required to facilitate the Services provided by the contractor there under including but not limited to assisting the contractor personnel in maintained adequate reports and providing such reports, as requested by Hospital. Respiratory Therapy/Nursing shall have control of the Sleep Lab, and the contractor shall manage and control the technical and administrative duties of the Sleep lab.

Facilities. Hospital shall provide the contractor with adequate physical space for use in performing the Services. The size and location of such space shall be determined by Hospital in consultation with the contractor. At a minimum the space shall contain a private room with a bed and a bathroom and an administrative area for technicians to monitor the sleep testing.

Hospital facilities shall be used only in connection with performance of the duties hereunder involving Hospital operations and Hospital patients.

Personnel and Scheduling. Hospital shall designate an individual employed by Hospital to provide administrative functions to facilitate the Services provided by the contractor hereunder including, but not limited to: (a) schedule all bed reservations for all sleep studies, (b) upon receiving notice of cancellation notify the contractor of such cancellation as soon as practicable thereafter, and (c) submit billing information to Hospital’s accounts receivable department.

C-5 CONTRACTOR FURNISHED PROPERTY

The contractor shall provide all necessary equipment and tech support and supplies required by the technician to perform the sleep study testing.

Employee Performance. The Contractor shall not allow any employee to perform work under this contract who is under the influence of alcohol, drugs, or any other incapacitating agents.

C-6 GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE:

The contractor or the sub-contractor shall at all times, during the terms of this contract, maintain general liability and property damage insurance. Insuring against liability for death, bodily injury and property damage occurring during the term of this agreement within minimum limits of One Million Dollars (1,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) aggregate. All policies which the contractor is required to carry under this contract shall contain a covenant that the coverage shall not be cancelled unless at least sixty

(60) days written notice is given to the hospital.

An apparently successful offers upon request by the contracting officer, will furnish prior to contract award evidence of its insurability concerning the insurance required by this contract.

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

A CERTIFICATE OF INSURANCE EVIDENCING THE REQUIRED COVERAGE WILL BE PROVIDED TO

THE CONTRACTING OFFICER PRIOR TO THE COMMENCEMENT OF SERVICES UNDER THIS

CONTRACT. If the insurance is on a claim made basis and evidence of an extended reporting endorsement (tail) is not provided prior to the commencement of services, evidence of such endorsement will be provided to the Contracting Officer prior to the expiration of this contract.

Final payment under this contract will be withheld until evidence of the extended reporting endorsement (tail) is provided to the Contracting Officer.

The policies evidencing required insurance will also contain an endorsement to the effect that any cancellation or material change adversely affecting Government’s interest will not be effective until 60 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 will provide evidence that the Government will be indemnified to the limits specified in this Statement of Work. This will be for the entire period of the contract, either under the new policy, or a combination of old and new policies.

THE CONTRACTOR SHALL INSERT THE SUBSTANCE OF THIS CLAUSE, INCLUDING THIS

PARAGRAPH, IN ALL SUBCONTRACTS UNDER THIS CONTRACT FOR HEALTH CARE SERVICES AND

WILL REQUIRE SUCH SUBCONTRACTORS TO PROVIDE EVIDENCE OF AND MAINTAIN INSURANCE

IN ACCORDANCE WITH THIS CLAUSE. AT LEAST 5 DAYS BEFORE THE COMMENCEMENT OF

WORK BY ANY SUBCONTRACTOR, THE CONTRACTOR WILL FURNISH TO THE CONTRACTING

OFFICER EVIDENCE OF SUCH INSURANCE.

The Government reserves the right to accept or reject services if the level of work is unsatisfactory.

C-7 PRIVACY ACT NOTIFICATION:

(a) This contract requires the Contractor, on behalf of the Indian Health Service (IHS), to provide Health care to American Indians and Alaskan Natives and report selected medical record and financial information to IHS. The Snyder Act (25 U.S.C. 13) and Public Law 83-5658 (42 U.S.C. 2001) authorizes the collection of this information. To be reimbursed by IHS, you must provide the information requested by delivery orders issued under this contract. IHS will use the information for financial, legal, research, and heal care purposes.

(b) Disclosure of this information may be made by IHS to: other providers of health care for treatment of health maintenance of American Indian or Alaskan Native people; the Office of Worker’s Compensation Programs, Department of Labor;

the Department of Justice for their representation of the United States; and for congressional inquiry; quality assessment, medical audit, or utilization review, billing third parties for the payment of care; analytical and evaluation studies; to Federal or State agencies as required by law, research purposes supported by IHS; and identification of handicapped children under 10 U.S.C. 1401 et. Seq.

(c) Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a Federal or State agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (i.e., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); and billing third parties for the payment of care not reimbursed by IHS.

You must forward all other requests for information contained on this form to the applicable IHS Ordering Official.

C-8 REQUIREMENTS:

Force Majeure. Delay and/or failure to perform by any party to this contract shall be excused and shall not constitute a breach or cause for termination of this contract to the extent that such delay and/or failure to perform is directly or indirectly caused by any condition beyond its control. Including, but not limited to: fires, floods, earthquakes, snow, tornadoes, disasters, other acts of God, accidents, riots, wars, operation of law, strikes, governmental actions or regulations. Including, without limitation actions taken by the FDA, shortages of labor, fuel, power, materials, supplies or transportation, supplier delay; provided, however, that if contractor/sub-contractor failure to perform due to force majeure continues for a period of sixty-(60) days, Hospital shall be free to terminate this contract.

Access to Books and Records: In order to ensure that the Hospital may be reimbursed for payments (if any) made to contractor here under as part of its reasonable cost of furnishing services under the Medicare program. It is understood that if contractor/sub-contractor is determined to be a subcontractor under the provisions of subparagraph (I) of Section 1861 of the Social Security Act as added by Section 952 of the Omnibus Budget Reconciliation of Act of 1980, or regulations adopted pursuant. Thereto, contractor/sub-contractor will, until the expiration of four (4) years after the furnishing of services under this contract, make available upon request of the federal officials or their representatives the contract (agreement) and the providers books, documents and records as may be necessary to certify the nature and extent of costs incurred by the Hospital. And, that provider will make a similar requirement of any related organization with which provider subcontracts to perform this contract.

Compliance with local, state and federal laws; The parties intended, and in good faith, believe that the terms of this contract comply with all local, state and federal laws. Expressly including 42 U.S.C. & 1320 (the Fraud and Abuse Statue) and 42 U.S.C. & 1395 (the Stark Bill) and the Internal Revenue Code (collectively “Laws). In the event that either party forms the reasonable belief that his contract violates said Laws, then said party shall provide the other party written notice of its concern and the parties shall make a good faith effort to amend the contract to eliminate the problematic term(s). In the event that the parties are unable, after good faith efforts, to amend the contract, then either party may terminate this contract by providing thirty

(30) days advance written notice of termination.

C-9 CHARACTER INVESTIGATION

Individuals providing services on personal or non-personal services contract, the duties and responsibilities of which involve regular contact with, or control over, Indian children, are subject to a character investigation. IHS personnel offices will conduct these investigations following award of a personal or nonpersonal service contract unless in the judgment of the Contracting Officer, investigation may be waived based on prior investigations on file. Until the character investigation has been completed and the Contracting Officer notified, such individuals shall not have unsupervised contact with Indian children.

CONTRACTOR AUTHORITY:

1. Authority

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

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

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

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

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

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

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

1.3.4.1. Incur costs in excess of a specified estimated

cost, allotment of funds, or other ceiling; or

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

COR INFORMATION:

Yvette Wallette Quentin N Burdick Memorial Health Care Facility Belcourt Indian Health Service Budget Analyst 1300 Hospital Loop PO Box 160 Belcourt, ND 58316 Yvette.Wallette@ihs.gov

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service – Commercial Items)

FAR CITATION: 52.252-1 Solicitation Provision Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far.

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This purchase order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses No. FAR Citation Clause Title Clause Date

1. 52.202-1 Definitions JUN 2020

2. 52.204-7 System for Award Management DEVIATION SEPT 2025

3. 52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

4. 52.204-13 System for Award Management Maintenance DEVIATION SEPT 2025

5. 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

6. 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services

DEVIATION SEPT 2025

7. 52.216-25 Contract Definitization OCT 2010 52.217-5 Evaluation of Options DEVIATION NOV 2025 52.217-8 Option to Extend Services NOV 1999

8. 52.222-50 Combating Trafficking in Persons DEVIATION JAN 2026

9. 52.224-1 Privacy Act Notification APR 1984

10. 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017

11. 52.226-8 Encouraging Contractor Policies to Ban Text

Messaging While Driving

MAY 2024

12. 52.232-33 Payment by EFT – SAM OCT 2018

13. 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

14. 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

15. 52.240-1 Prohibition on Unmanned Aircraft Systems

Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities

NOV2024

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text http://www.acquisition.gov/far http://www.acquisition.gov/far

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

As prescribed in 12.301(b)(3), insert the following clause:

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-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the 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.

(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;

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(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 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-https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 payable to the Contractor.

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

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

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

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

destination.

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

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

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section431&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter87&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiring.

https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim

(End of Clause)

III. Department of Health and Human Services Acquisition Regulations (HHSAR)(49 Chapter 3) Clauses Full Text

No. HHSAR Citation Clause Title Clause Date

1. HHSAR 352.224-70 Privacy Act December 2015

2. HHSAR 352.224-71 Confidential Information December 2015 HHSAR 352.226-1 Indian Preference December 2015 HHSAR 352.226-2 Indian Preference Program December 2015

3. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022 HHSAR 352.237-70 Pro-Children Act December 2015 HHSAR 352.237-71 Crime Control Act-Reporting of Child Abuse December 2015 HHSAR 352.237-72 Crime Control Act-Requirement for Background Checks December 2015 HHSAR 352.237-73 Indian Child Protection and Family Violence Act December 2015 HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

4. HHSAR 352.239-74 Electronic and Information Technology Accessibility December 2015

352.224-70 Privacy Act

Privacy Act (DEC 2015)

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

The term system of records means a group of any records under the control of any…