Sol_75H70626Q00189.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

163CODE 16. ADMINISTERED BYCODE

X

X

811310

SIZE STANDARD:

% 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

07/09/2026

FARRAH AZURE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/07/2026 1200 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70626Q00189

5. SOLICITATION NUMBER

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

1 41 IHS1522546OFFEROR 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

$12.5

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)

Multiple Destinations

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.

Preventative Maintenance on Three (3) Ice Machines and Ice Bin Sanitation for the Quentin N Burdick Memorial Health Care Facility in Belcourt, ND. Period of Performance is five (5) years from date of award.

Base Period:______________________ Option Period One:________________ Option Period Two:________________ Option Period Three:______________ Option Period Four:_______________

(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.

1 2026 Preventative Maintenance on Three (3) Ice

Machines and Ice Bin Sanitation. Quarters 3 & 4

Delivery: 12/31/2026

Delivery Location Code: IHSBELCOURT

BELCOURT SERVICE UNIT

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

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 08/17/2026 to 12/31/2026

2 2027 Preventative Maintenance on Three (3) Ice

Machines and Ice Bin Sanitation. Quarters 1-4

(Option Line Item)

01/01/2027

Delivery: 12/31/2027

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

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

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 01/01/2027 to 12/31/2027

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

41 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00189

3 2028 Preventative Maintenance on Three (3) Ice

Machines and Ice Bin Sanitation. Quarters 1-4

(Option Line Item)

01/01/2028

Delivery: 12/31/2028

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

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

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 01/01/2028 to 12/31/2028

4 2029 Preventative Maintenance on Three (3) Ice

Machines and Ice Bin Sanitation. Quarters 1-4

(Option Line Item)

01/01/2029

Delivery: 12/31/2029

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

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

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 01/01/2029 to 12/31/2029

5 2030 Preventative Maintenance on Three (3) Ice

Machines and Ice Bin Sanitation. Quarters 1-4

(Option Line Item)

01/01/2030

Delivery: 12/31/2030

Delivery Location Code: IHSBELCOURT

IHSBELCOURT

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

1300 Hospital Road

PO Box 160

Belcourt ND 58316 US

Period of Performance: 01/01/2030 to 12/31/2030

The quoted unit price is an all-inclusive cost.

All-inclusive is defined to include travel, lodging, per diem, fringe benefits, Federal/State/Local taxes, plus any other costs pertinent to the performance of this contract.

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 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70626Q00189

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

Quentin N Burdick Memorial HealthCare Facility

Ice Machine Preventive Maintenance and Ice Bin Sanitizing Services

Performance Work Statement

PWS for Ice Machine Preventative Maintenance Page 1 of 11

Contents

1.0 General

2.0 Specific Requirements/Tasks

3.0 Contractor Quality Assurance

4.0 Delivery or Deliverables

5.0 Meetings

6.0 Required Travel and Other Direct Costs (ODCs)

7.0 Special Instructions

8.0 Government Furnished Property/Equipment/Information

9.0 Contractor Authority:

10.0 Glossary of Abbreviations and Acronyms

PWS for Ice Machine Preventative Maintenance Page 2 of 11

Performance Work Statement (PWS) for the

Ice Machine Preventative Maintenance

1.0 General

1.1 Introduction

The mission of the Indian Health Service (IHS) is to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. The mission of the Quentin N. Burdick Memorial Healthcare Facility (QNBMHCF) is to provide quality healthcare services to eligible beneficiaries.

This acquisition is for preventive maintenance, cleaning, disinfecting, sanitizing, inspection, and testing of three (3) ice machines located within QNBMHCF. The services are required to ensure sanitary ice production, compliance with infection control requirements, and continued safe operation of the equipment.

1.2 Objective

The objective of this contract is to maintain sanitary and operational ice machines through quarterly preventive maintenance and ice bin sanitization services that result in negative bacterial culture results and continued reliable operation of all equipment.

1.3 Scope of Work

The contractor shall provide all labor, materials, tools, equipment, supplies, supervision, and transportation necessary to perform quarterly preventive maintenance and sanitization of three (3) Scotsman HID525 ice machines and associated ice bins located within QNBMHCF.

Services shall include cleaning, disinfecting, sanitizing, inspection, filter inspection, operational checks, and verification of proper equipment operation.

1.4 Background

QNBMHCF operates three ice machines that support patient care and facility operations. Facility policy requires preventive maintenance and sanitization quarterly throughout the calendar year to reduce the risk of bacterial contamination and maintain equipment performance

1.5 Type of Contract Contemplated

Firm-Fixed-Price (FFP), non-personal commercial service One (1) Base year contract, FAR Part 52.217-8 Option to extend services.

1.6 Period of Performance

The period of performance shall be for five (5) years from date of award. Required service months will be completed quarterly, beginning service upon awarding of contract.

PWS for Ice Machine Preventative Maintenance Page 3 of 11

1.7 Place of Performance

Quentin N. Burdick Memorial Healthcare Facility 1300 Hospital Loop Belcourt, ND 58316

Services shall be performed at the following locations within the facility:

1.1. Dietary Services

1.2. Emergency Room

1.3. Medical-Surgical Ward

1.8 Applicable Documents

The contractor shall comply with:

• Scotsman HID525 Ice Machine User Manual and Instructions for Use (IFU)

• Applicable Federal regulations

• Applicable Tribal regulations

• Applicable State regulations

• Applicable Local regulations

• Occupational Safety and Health requirements

• Environmental Protection Requirements

2.0 Specific Requirements/Tasks

2.1 Quarterly Preventive Maintenance Services

The contractor shall perform preventive maintenance on all three (3) ice machines during each scheduled quarterly visit.

• Preventive maintenance includes:

• Cleaning the ice machine

• Disinfecting the ice machine

• Sanitizing all internal and external components

• Cleaning and sanitizing ice bins

• Cleaning and sanitizing the ice auger

• Inspection of all machine components

• Operational verification

2.1.1 Required Maintenance Activities

• The contractor shall perform, at a minimum:

• Remove all ice before cleaning.

• Clean the water system.

• Remove and inspect water filters.

• Check filtration system and water pressure.

• Visually inspect the entire machine.

• Sanitize all components, including dispenser and storage bin.

• Reassemble equipment and observe two complete operating cycles.

PWS for Ice Machine Preventative Maintenance Page 4 of 11

• The contractor shall follow all current Scotsman HID525 manufacturer instructions.

2.1.2 Infection Control Requirements

The contractor shall:

• Wear examination gloves.

• Change gloves as needed.

• Utilize protective clothing when required.

• Protect facility property and equipment during performance.

2.1.3 Contractor Qualifications

The contractor shall demonstrate a successful history of providing preventive maintenance and sanitization services of similar scope and complexity.

2.1.4 Corrective Action Requirements

Prior to preventive maintenance, the Quentin N Burdick facility laboratory personnel will obtain bacterial cultures from the ice and water portals of all three machines.

A second set of cultures will be obtained two (2) days after completion of preventive maintenance.

Any positive bacterial culture shall be considered unacceptable performance.

The contractor shall repeat the full preventive maintenance process within seven (7) calendar days of notification of a positive culture result at no additional cost to the Government.

2.1.5 Supervision

The contractor shall provide competent supervision during all work performed under this contract.

3.0 Contractor Quality Assurance.

The contractor shall establish and maintain a quality control program to ensure services meet contract requirements.

Performance standards include:

Performance Standard Acceptable Quality Level

Completion of quarterly PM 100%

Compliance with Scotsman IFUs 100%

Completion of required sanitization 100%

Negative bacterial cultures following PM 100%

Completion of corrective PM after positive culture Within 7 days

The Government reserves the right to inspect all services performed and reject unacceptable work.

4.0 Delivery or Deliverables

Deliverable Frequency Due Date Quarterly Preventive Maintenance Service Quarterly Every 3 months

PWS for Ice Machine Preventative Maintenance Page 5 of 11

Deliverable Frequency Due Date

Service Report After each PM Within 3 business days

Documentation of completed maintenance

After each PM Within 3 business days

Corrective PM Report (if required) As needed Within 7 days of positive culture notification

Notice to contractors:

All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the government. The contracting officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. Press releases, marketing material, or any other printed or electronic documentation related to this project, must not be publicized without the written approval of the contracting officer.

5.0 Meetings

5.1 Post-Award Kickoff Meeting

The Government may conduct a post-award kickoff meeting within ten (10) business days of award.

5.2 Service Coordination

The contractor shall coordinate service schedules with the Contracting Officer's Representative (COR) prior to each quarterly maintenance visit.

6.0 Required Travel and Other Direct Costs (ODCs)

Travel costs necessary to perform services at QNBMHCF shall be included in the contractor's fixed price unless otherwise specified in the contract.

7.0 Special Instructions

7.1 Licensing Requirements

The contractor shall possess a valid business license and any applicable authorizations required to perform work on the Turtle Mountain Reservation, including TERO requirements.

Evidence of compliance shall be submitted prior to award.

7.2 Liability

The contractor remains liable for acts of omission, negligence, improper repair, or any actions that jeopardize patient, visitor, or employee health and safety.

PWS for Ice Machine Preventative Maintenance Page 6 of 11

8.0 Government Furnished Property/Equipment/Information

The Government will provide:

• Access to the facility

• Access to the three ice machines

• Laboratory culture testing before and after preventive maintenance

• Facility escort when required

The Government will not provide contractor tools, equipment, materials, or personal protective equipment

FAR 45. 102 policy is that contractors are ordinarily required to furnish all property necessary to perform contracts and government property is provided only under limited circumstances.

Consider that if the schedule is contingent on the contractor’s timely receipt of any government-furnished items, there is likely to be a one-for-one slip in delivery of the required end-item (a delay for which the contractor cannot be held responsible). Also, the CO is required to verify that the contractor has an approved government property control system.]

9.0 Contractor Authority:

1. Authority

1.1. No person other than the Contracting Officer has authority to bind the Government with respect t o 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 imputed 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

Tiffany Parisien Pharmacy Administrative Support Assistant http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/45.htm#P46_7296

PWS for Ice Machine Preventative Maintenance Page 7 of 11

Quentin N. Burdick Memorial Healthcare Facility Belcourt Indian Health Service 1300 Hospital Loop, PO Box 160 Belcourt, ND 58316 Tiffany.Parisien@ihs.gov

10.0 Glossary of Abbreviations and Acronyms

Acronym Definition

COR Contracting Officer's Representative

IFU Instructions for Use

IHS Indian Health Service

PM Preventive Maintenance

PWS Performance Work Statement

QNBMHCF Quentin N. Burdick Memorial Healthcare Facility

TERO Tribal Employment Rights Office

Table 1: Model for List of Deliverables

For fixed-price line items:

Line Item

Description Product or Service Code

(PSC)

Accounting classification

Unit of measure

Quantity Unit price

(FP)

Total price

Delivery schedule

OR

Period of performance

Destination

OR

Place of performance

SOW

reference*

001 Typically one, but If multiple accounting classifications for a single deliverable apply, include the dollar amount for each

Due date or frequency

002 Not required in the line item if there are associated deliverable subline items that include the actual detailed identification

002-

For informational

PWS for Ice Machine Preventative Maintenance Page 1 of 11

(administrative) subline items, an accounting classification citation is not required

Add rows as needed

For cost-reimbursement line items:

Line Item

Description Product or Service Code

(PSC)

Accounting classification

Unit of measure

Quantity Estimated cost

Fee (if any)

Total estimated cost plus any fee

Delivery schedule

OR

Period of performance

Destination

OR

Place of performance

SOW

reference*

001 Typically one, but if multiple accounting classifications for a single deliverable apply, include the dollar amount for each

Due date or frequency

002 Not required in the line item if there are associated

For informational (administrative) subline items, an accounting classification

PWS for Ice Machine Preventative Maintenance Page 2 of 11 deliverable subline items that include the actual detailed identification citation is not required

Add rows as needed

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, 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

PROVISIONS

1. 52.204-7 System for Award Management Class Deviation RFO-2025-04

2. 52.212-1 Instructions to Offerors-Commercial Products and

Commercial Services

Class Deviation RFO-2025-12

CLAUSE

1. 52.202-1 Definitions JUN 2020

2. 52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

3. 52.204-13 System for Award Management Maintenance Class Deviation RFO-2025-04

4. 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

5. 52.216-25 Contract Definitization OCT 2010

6. 52.217-5 Evaluation of Options Class Deviation RFO-2025-17

7. 52.217-8 Option to Extend Services NOV 1999

8. 52.222-50 Combating Trafficking in Persons Class Deviation RFO-2025-22

9. 52.224-1 Privacy Act Notification APR 1984

10. 52.224-2 Privacy Act APR 1984

11. 52.224-3 Privacy Training JAN 2017

12. 52.226-8 Encouraging Contractor Policies to Ban Text

Messaging While Driving

MAY 2024

13. 52.232-33 Payment by EFT – SAM OCT 2018

14. 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

15. 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

16. 52.240-1 Prohibition on Unmanned Aircraft Systems

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

NOV2024

http://www.acquisition.gov/far http://www.acquisition.gov/far

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

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;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the 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 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

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

(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;

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

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

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

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

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

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

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

destination.

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

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

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

(1) The schedule of supplies/services.

(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)

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

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

3. HHSAR 352.226-1 Indian Preference December 2015

4. HHSAR 352.226-2 Indian Preference Program December 2015

5. HHSAR 352.232-71 Electronic Submission of Payment Requests February 2022

6. HHSAR 352.237-70 Pro-Children Act December 2015

7. HHSAR 352.237-71 Crime Control Act-Reporting of Child Abuse December 2015

8. HHSAR 352.237-72 Crime Control Act-Requirement for Background Checks December 2015

9. HHSAR 352.237-73 Indian Child Protection and Family Violence Act December 2015

10. HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

11. 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 agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)).

The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of Clause)

352.224-71 Confidential Information

Confidential Information (DEC 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract: [INSERT

RESTRICTED TYPES OF INFORMATION. IF NONE, SO STATE.]

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: [STATE WHY THE PUBLIC OR GOVERNMENT INTEREST REQUIRES THE RESTRICTION OF EACH TYPE OF INFORMATION. ANY BASIS

FOR NONDISCLOSURE WHICH WOULD BE VALID UNDER THE FREEDOM OF INFORMATION ACT IS

SUFFICIENT UNDER THIS CLAUSE.]

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (DEC 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 (DEC 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.