SOL 75H70626Q00161.pdf
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- Solicitation number
- 75H70626Q00161
About this file
This is a Solicitation/Contract/Order for Commercial Items (Standard Form 1449) issued by the Indian Health Service for HVAC, Plumbing, and Controller Repairs Services at the Woodrow Wilson Keeble Memorial Health Care Center in Sisseton, South Dakota.
The solicitation (75H70626Q00161) is a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside with a firm fixed-price contract structure for non-personal services. The offer due date is August 21, 2026 at 1:00 PM Central Time, with delivery required by December 13, 2025. The contracting officer is Nichole R. Lerew, and inquiries should be directed to Andrea Whipple at 605-268-2022. The quoted unit price is all-inclusive, covering travel, lodging, per diem, fringe benefits, federal/state/local taxes, and all costs pertinent to performance. The Performance Work Statement specifies three primary tasks: replacement of 29 motorized actuators controlling louvers in the generator room (Johnson Controls model M9216-BGA-2 or equivalent), replacement of a scroll compressor in an existing water-to-water heat pump (Johnson Controls Model RWXW360R4CEBNNSSF), and replacement of two 500-gallon water storage tanks meeting ASHRAE/IESNA 90.1 R12.5 thermal insulation requirements and ASME 125 psi specifications. All work must be completed within 90 days after award during facility hours of 8:00 AM to 5:00 PM, Monday through Friday. Invoices must be submitted electronically through the Invoice Processing Platform (IPP) in compliance with OMB M-15-19. The solicitation incorporates by reference FAR clauses applicable to commercial items, HHSAR clauses for Indian preference and Indian Economic Enterprise requirements, and Service Contract Act wage determinations for South Dakota (Wage Determination No. 2015-5375, Revision 28).
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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
172IHSSISSETON CODE 16. ADMINISTERED BYCODE
X
X
X
238220
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR172
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
08/21/2026 1300 CT
08/10/2026
605-268-2022ANDREA WHIPPLE
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75H70626Q00161
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 31 IHS1522456OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Sisseton SD 57262
100 Lake Traverse Drive
Indian Health Service
Health Care Center
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$19
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)
Woodrow Wilson Keeble Memorial WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SISSETON SD 57262
100 LAKE TRAVERSE DRIVE
SISSETON
Sisseton SD 57262
100 Lake Traverse Drive
Indian Health Service
Health Care Center
Woodrow Wilson Keeble Memorial
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
100% Indian Small Business Economic Enterprise (ISBEE) Set-Aside.
Firm Fixed-Price, Non-Personal Service, Purchase Order to provide HVAC, Plumbing and Controller Repairs Services for the Woodrow Wilson Keeble Memorial Healthcare Center, Sisseton, South Dakota.
The quoted "unit price" is an all-inclusive cost.
All "inclusive cost" is defined to include travel, lodging, per diem, fringe benefits, (Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
NICHOLE R. LEREW
. 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.
federal, state and local taxes plus all other costs pertinent to the performance of this purchase order.
Delivery: 12/13/2025
1 HVAC, Plumbing and Controller Repair
Per the Performance Work Statement
Invoice Processing Platform (IPP)
The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system in compliance with the Office of Management and
Budget (OMB) M-15-19 memorandum "Improving
Government Efficiency and Saving Taxpayer Dollars
Through Electronic Invoicing" directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors.
Invoices submitted under any award resulting from this solicitation will be required to utilize the
Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and
Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the
Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
31 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 31
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70626Q00161
Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.
The IPP website address is: https://www.ipp.gov
If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or
IPPCustomerSupport@fiscal.treasury.gov
"Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer".
The Government reserves the right to accept or reject services, if the level of performance is unacceptable.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
PERFORMANCE WORK STATEMENT
HVAC, PLUMBING, AND CONTROLLER REPAIRS
INDIAN HEALTH SERVICE
WOODROW WILSON KEEBLE MEMORIAL HEALTH CARE CENTER
SISSETON, SD
JULY 2026
Performance Work Statement Page 1 HVAC, Plumbing, and Controller Repairs July 2026
Table of Contents
1. Description
2. Scope:
3. Contractor Responsibilities
4. Government Responsibilities
5. Deliverables
6. Performance Requirements Summary (PRS)
7. Invoice Format
8. Authority
Performance Work Statement Page 2
July 2026
PERFORMANCE WORK STATEMENT
1. Description
A. Title: HVAC, Plumbing, and Controller Repairs
B. Locations: This service is to be provided at Woodrow Wilson Keeble Memorial Health Care Center in Sisseton, SD.
C. Facility Hours: Work shall be completed between the hours of 8:00 AM and 5:00 PM, M-F, unless otherwise approved. No services shall be performed on a national holiday unless approved by the Contracting Officers Representative.
D. Period of Performance: 90 days after award.
E. Applicable Regulations: The Contractor Shall comply with all applicable laws, regulations, and standards but not limited to:
• International Plumbing Code (IPC) or Uniform Plumbing Code (UPC)
• International Mechanical Code (IMC)
• Environmental Protection Agency (EPA) regulations
• National Electrical Code (NFPA 70)
• OSHA safety regulations (29 CFR 1910 and 1926)
• Manufacturer installation requirements
F. Common Acronyms or Definitions
IHS – Indian Health Service
CMS – Centers for Medicare & Medicaid Services
CO – Contracting Officer
COR – Contracting Officer’s Representative
2. Scope:
A. Contractor shall replace 29 motorized actuators controlling louvers in generator room. New actuators shall be equal to Johnson Controls model M9216-BGA-2 or equal. Contractor shall test and verify operation with Metasys (building automation system).
B. Contractor shall replace scroll compressor to existing water-to-water heat pump in accordance with manufactures O&M. Existing heat pump is Johnson Controls, Model RWXW360R4CEBNNSSF, Serial Number 180600913. Contractor shall test and verify operation with Metasys (building automation system).
C. Contractor shall replace two existing 500 gallon water storage tanks. New tanks will be 500 gallon capacity each. Tanks shall be jacketed or insulated meeting R12.5 minimum thermal insulation requirements of ASHRAE/IESNA 90.1. Tanks shall be constructed and stamped according to ASME specification for 125 psi working pressure. A manhole (12 X 16), handhole (4x6) or inspection openings (2-2˝) shall be installed in accordance with ASME code requirements and manufacturers standard practice. Tank to be constructed of carbon steel. Lining shall be glass and equipped with the number and size of magnesium anode rod(s) sufficient to provide adequate protection for the tank lining. Tank shall
Performance Work Statement Page 3
July 2026 be vertical design and fit existing footprint. Contractor responsible for determining the clear space is adequate to transport new and existing tanks through building.
3. Contractor Responsibilities
A. Verify field conditions before beginning work.
B. Coordinate utility shutdowns with the COR.
C. Protect adjacent equipment and finishes.
D. Disconnect and remove the existing equipment.
E. Dispose of removed equipment in accordance with federal, state, and local regulations.
F. Furnish and install new equipment.
G. Restore all disturbed insulation, piping, wall penetrations, and finishes.
H. Fill, purge, start, and test the systems.
I. Demonstrate proper operation to the COR.
J. Ensure Contractor personnel comply with facility access, identification, infection control, and safety requirements.
4. Government Responsibilities
A. Provide facility access during facility hours.
5. Deliverables
A. Fully operational motorized actuators
B. Fully operational water-to-water heat pump compressor
C. Fully operational domestic hot storage tanks
D. Startup and operational test reports
E. Manufacturer warranties
F. Operation and maintenance manuals
6. Performance Requirements Summary (PRS)
Required Service Performance
Standard
AQL Government
Surveillance
Actuators Installed per manufacturer instructions and applicable codes
100% Inspection
Compressor Installed per manufacturer instructions and applicable codes
100% Inspection
Performance Work Statement Page 4
July 2026
Domestic Storage tanks
Installed per manufacturer instructions and applicable codes
100% Inspection
Documentation All required documentation submitted within five business days of completion
100 Document Review
7. Invoice Format
Invoice Processing Platform (IPP)
The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system.
In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum, Improving
Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice
Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s
Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL).
Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register-however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.
The IPP website address is: https://www.ipp.gov
If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-
3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov
Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.
8. Authority
A. No person other than the Contracting Officer has authority to bind the Government concerning this contract.
B. 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.
C. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer concerning this contract:
https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
Performance Work Statement Page 5
July 2026
1. An understanding or agreement between the Contractor an danyone other than the Contracting Officer;
2. A purported modification or change order issued by anyone other than the Contracting Officer;
3. A promise by anyone other than the Contracting Officer to provide additional funding or make payments or
4. An order, direction, consent, or permission from anyone other than the Contracting Officer to:
i. Incur costs over a specified estimated cost, allotment of funds, or other ceiling;
or
ii. Expend hours over a specified level of effort.
D. Funding Notification Threshold (75%)
1. The Contractor shall notify the Contracting Officer in writing whenever cumulative funding obligated, invoiced, or expended under this contract and/or any task order reaches or is expected to exceed seventy-five percent (75%) of the total funding obligated for the contract or applicable task order. The notice shall include the Contractor’s best estimate of the additional funding required to continue performance through completion (or through the end of the period of performance, as applicable) and shall identify the basis for the estimate. Such notice shall be provided no later than two (2) calendar days after the Contractor becomes aware of the condition.
2. No Authorization Implied: This notice does not authorize an increase in funding or any additional work. Performance beyond the funding currently obligated shall be at the Contractor’s risk unless and until the Contracting Officer issues a written contract modification obligating additional funds. The “unit Price” is an all-inclusive const. All “inclusive cost” is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this task order/delivery order.
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. 52.203-17 Contractor Employee Whistleblower Rights November 2023
2. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements of Statements January 2017
3. 52.204-7 System for Award Management November 2025
4. 52.204-9 Personal Identity Verification of Contractor Personnel January 2011
5. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards November 2025
6. 52.204-13 System for Award Management Maintenance. November 2025
7. 52.204-19 Incorporation by Reference of Representations and Certifications December 2014
8. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded November 2025
9. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2025
10. 52.212-1 Instructions to Offerors – Commercial Items November 2025
11. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial
Services November 2025
12. 52.219-6 Notice of Total Small Business Set-Aside November 2025
13. 52.219-28 Post Award Small Business Program Re-representation November 2025
14. 52.222-3 Convict Labor June 2003
15. 52.222-36 Equal Opportunity for Workers with Disabilities November 2025
16. 52.222-41 Service Contract Labor Standards August 2018
17. 52.222-50 Combating Trafficking in Persons November 2025
18. 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 January 2022
19. 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024
20. 52.232-39 Unenforceability of Unauthorized Obligations June 2013
21. 52.233-3 Protest After Award November 2025
22. 52.233-4 Applicable Law for Breach of Contract Claim November 2025
23. 52.244-6 Subcontracts for Commercial Products and Commercial Services November 2025 http://www.acquisition.gov/far http://www.acquisition.gov/far
II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text No. FAR Citation Clause Title Clause Date
1. 52.217-8 Option to Extend Services November 1999
2. 52.222-90 Addressing DEI Discrimination by Federal Contractors April 2026
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)
52.222-90 Addressing DEI Discrimination by Federal Contractors.
As prescribed in 22.2203, insert the following clause:
Addressing DEI Discrimination by Federal Contractors (April 2026)
(a) Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(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 352.226-1 Indian Preference December 2015
2. HHSAR 352.226-2 Indian Preference Program December 2015
3. HHSAR 352.226-4 Notice of Indian Small Business Economic Enterprise set-aside December 2015
4. HHSAR 352.226-5 Notice of Indian Economic Enterprise set-aside December 2015
5. HHSAR 352.226-6 Indian Economic Enterprise Subcontracting Limitations December 2015
6. HHSAR 352.226-7 Indian Economic Enterprise Representation December 2015
7. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022
352.226-1 Indian Preference.
As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:
Indian Preference (December 18, 2015)
(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.
(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.
(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."
(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses;
women-owned small businesses; or small disadvantaged businesses.
(e) As used in this clause,
(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.
(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims
Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.
(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).
(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.
(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.
(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.
(End of clause)
352.226-2 Indian Preference Program.
As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:
Indian Preference Program (December 18, 2015)
(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:
(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.
(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.
(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.
(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—
(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;
https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505
(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Pub. L. 93–638; 88 Stat. 2205; 25 U.S.C. 450e(b);
(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;
(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and
(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal’s price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph
(d) of the “Indian Preference” clause of this contract.
(5) Maintain written records under this contract which demonstrate—
(i) The numbers of Indians seeking employment for each employment position available under this contract;
(ii) The number and types of positions filled by Indians and non-Indians;
(iii) The total number of Indians employed under this contract;
(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;
(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;
(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and
(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.
(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor’s Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.
(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.
(b) For purposes of this clause, the following definitions of terms shall apply:
(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.
(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)
(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.
(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.
(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.
(e) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.
(End of clause)
352.226-4 Notice of Indian Small Business Economic Enterprise set-aside.
As prescribed in HHSAR 326.604-2(b)(1), and in lieu of the requirements of 48 CFR 19.508, the Contracting Officer shall insert the following provision:
Notice of Indian Small Business Economic Enterprise Set-Aside
Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR § 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website (www.IHS.gov/DAP), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.
(End of clause)
352.226-5 Notice of Indian Economic Enterprise set-aside.
As prescribed in HHSAR 326.604-2(e)(2), the Contracting Officer shall insert the following clause:
Notice of Indian Economic Enterprise Set-Aside
(a) Definitions as used in this clause:
Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43 U.S.C. 1601-1629h.
Indian means a person who is an enrolled member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act.
Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business.
The enterprise must meet these requirements throughout the following time periods:
(i) At the time an offer is made in response to a written solicitation;
(ii) At the time of the contract award; and
(iii) During the full term of the contract.
Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village or regional or village corporation under the Alaska Native Claims Settlement Act (Pub. L. 92- 203, 85 Stat. 688; 43 U.S.C. 1601).
Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 326.606.
(b) General.
(1) Under the Buy Indian Act, offers are solicited only from Indian Economic Enterprises.
(2) The CO will reject all offers received from ineligible enterprises.
(3) Any award resulting from this solicitation will be made to an Indian Economic Enterprise, as defined in paragraph (a) of this clause.
(c) Required submissions. In response to this solicitation, an offeror must also provide the following:
(1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 352.226-6, Subcontracting Limitations clause; and
(2) Qualifications of the key personnel (if any) that will be assigned to the contract.
(d) Required assurance. The offeror must provide written assurance to the CO that the offeror is and will remain in compliance with the requirements of this clause. It must do this before the CO awards the Buy Indian Act contract and upon successful and timely completion of the contract, but before the CO accepts the work or product.
(e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause the CO to find an offer non-responsive and reject it.
(f) Eligibility.
(1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian Economic Enterprise ineligible for contracts awarded under the Buy Indian Act.
(2) If a contractor no longer meets the definition of an Indian Economic Enterprise after award, the contractor must notify the CO immediately and in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that:
(i) The economic enterprise may be declared ineligible for future contract awards under this part; and
(ii) The CO may consider termination for default if it is in the best interest of the government.
(g) Representation. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (326.606). As required by HHSAR 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website (www.IHS.gov/DAP), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not Indian Economic Enterprises shall not be considered.
(End of clause)
352.226-6 Indian Economic Enterprise Subcontracting Limitations
As prescribed in HHSAR 326.604-2(e)(3), the Contracting Officer shall insert the following clause:
Indian Economic Enterprise Subcontracting Limitations
(a) Definitions as used in this clause.
(1) Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business.
The enterprise must meet these requirements throughout the following time periods:
(i) At the time an offer is made in response to a written solicitation;
(ii) At the time of the contract award; and
(iii) During the full term of the contract.
(2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.
(c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.
(d) Cooperation. The contractor must:
(1) Carry out the requirements of this clause to the fullest extent; and
(2) Cooperate in any study or survey that the CO, Indian Health Service or its agents may conduct to verify the contractor's compliance with this clause.
(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for general services, A&E services and construction awarded under this contract.
(End of clause)
352.226-7 Indian Economic Enterprise Representation.
As prescribed in HHSAR 326.604-2(e)(4), the Contracting Officer shall insert the following provision:
Indian Economic Enterprise Representation
(a) The offeror must represent as part of its offer that it does meet the definition of Indian Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation.
(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met.
(c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law 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.
(End of provision)
352.232-71, Electronic Submission of Payment Requests
Electronic Submission of Payment Requests (Feb 2022)
(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of Clause)
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-5375 Daniel W. Simms Division of | Revision No.: 28 Director Wage Determinations| Date Of Last Revision: 5/13/2026
State: South Dakota
Area: South Dakota Counties of Aurora, Beadle, Bon Homme, Brookings, Brown, Clark, Clay, Codington, Davison, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hanson, Hutchinson, Jerauld, Kingsbury, Lake, Marshall, McPherson, Miner, Moody, Roberts, Sanborn, Spink and Yankton
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.97 01012 - Accounting Clerk II 19.04 01013 - Accounting Clerk III 21.30 01020 - Administrative Assistant 23.50 01035 - Court Reporter 21.20 01041 - Customer Service Representative I 15.61 01042 - Customer Service Representative II 17.03 01043 - Customer Service Representative III 19.12 01051 - Data Entry Operator I 15.48 01052 - Data Entry Operator II 16.89 01060 - Dispatcher, Motor Vehicle 20.09 01070 - Document Preparation Clerk 17.04 01090 - Duplicating Machine Operator 17.04
01111 - General Clerk I 15.06 01112 - General Clerk II 16.43 01113 - General Clerk III 18.44 01120 - Housing Referral Assistant 23.64 01141 - Messenger Courier 13.76 01191 - Order Clerk I 19.98 01192 - Order Clerk II 21.79 01261 - Personnel Assistant (Employment) I 18.06 01262 - Personnel Assistant (Employment) II 20.20 01263 - Personnel Assistant (Employment) III 22.53 01270 - Production Control Clerk 24.15 01290 - Rental Clerk 16.96 01300 - Scheduler, Maintenance 18.96 01311 - Secretary I 18.96 01312 - Secretary II 21.20 01313 - Secretary III 23.64 01320 - Service Order Dispatcher 17.95 01410 - Supply Technician 23.50 01420 - Survey Worker 18.61 01460 - Switchboard Operator/Receptionist 16.95 01531 - Travel Clerk I 17.08 01532 - Travel Clerk II 18.15 01533 - Travel Clerk III 19.25 01611 - Word Processor I 16.89 01612 - Word Processor II 18.96 01613 - Word Processor III 21.20
05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 26.98 05010 - Automotive Electrician 20.76 05040 - Automotive Glass Installer 19.54 05070 - Automotive Worker 19.54 05110 - Mobile Equipment Servicer 17.16 05130 - Motor Equipment Metal Mechanic 21.97 05160 - Motor Equipment Metal Worker 19.54 05190 - Motor Vehicle Mechanic 21.97 05220 - Motor Vehicle Mechanic Helper 16.01 05250 - Motor Vehicle Upholstery Worker 18.32 05280 - Motor Vehicle Wrecker 19.54 05310 - Painter, Automotive 20.76 05340 - Radiator Repair Specialist 19.54 05370 - Tire Repairer 17.47 05400 - Transmission Repair Specialist 21.97
07000 - Food Preparation And Service Occupations 07010 - Baker 16.89 07041 - Cook I 16.98 07042 - Cook II 19.34 07070 - Dishwasher 12.78 07130 - Food Service Worker 14.35 07210 - Meat Cutter 16.77 07260 - Waiter/Waitress 13.61
09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 24.55 09040 - Furniture Handler 16.14 09080 - Furniture Refinisher 24.55
09090 - Furniture Refinisher Helper 18.92 09110 - Furniture Repairer, Minor 21.66 09130 - Upholsterer 24.55
11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 16.45 11060 - Elevator Operator 16.65 11090 - Gardener 18.28 11122 - Housekeeping Aide 16.65 11150 - Janitor 16.65 11210 - Laborer, Grounds Maintenance 14.55 11240 - Maid or Houseman 14.12 11260 - Pruner 13.16 11270 - Tractor Operator 17.06 11330 - Trail Maintenance Worker 14.55 11360 - Window Cleaner 18.40
12000 - Health Occupations 12010 - Ambulance Driver 19.16 12011 - Breath Alcohol Technician 21.27 12012 - Certified Occupational Therapist Assistant 24.75 12015 - Certified Physical Therapist Assistant 24.44 12020 - Dental Assistant…
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