Sol_75H70725Q00116.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

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

CODE 16. ADMINISTERED BYCODE

X

X

X

541330

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR203

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

09/01/2025 1200 MT

08/18/2025

505-256-6750STEPHANIE BEGAY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70725Q00116

5. SOLICITATION NUMBER

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

1 40 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$25.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

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)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PART I - THE SCHEDULE.

A. SOLICITATION/CONTRACT FORM.

The Department of Health and Human Services (DHHS), Indian Health Service (IHS) with the Albuquerque Area Office (AAO), has issued Solicitation 75H70725Q00116 for Professional Engineering Services for Office of Environmental Health and Engineering.

This solicitation is set-aside for Indian Small Business Economic Enterprise (ISBEE) pursuant to

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

ERIC K. WRIGHT

. 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.

the Buy Indian Act 25 U.S.C 47 as the first (1st) tier. If IHS, does not receive reasonably priced quotes from Indian Small Business Economic

Enterprise (ISBEE), IHS will then evaluate quotes and consider award to other small business concerns, as second (2nd) tiers.

The solicitation document incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2025-04. The associated

North American Industrial Classification Systems

(NAICS) code for this procurement is 541330 with a size standard of $25.5 M.

All quoters shall submit the following documents to be considered for award on or by the proposal submission deadline:

1. Technical Qualifications (Volume I)

2. Past Performance (Volume II)

3. Price Quote (Volume III)

4. A complete Indian Economic Enterprise

Representation form.

5. A signed SF1449

Reference Solicitation No. 75H70725Q00116 when requesting information regarding this solicitation. All questions will be answered collectively in a single response, submit by

August 22, 2025, 12:00 PM (MT). Failure to comply

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

40 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

75H70725Q00116 with the below terms and conditions may result in offer being determined as non-responsive.

All responses to this solicitation are due no later than September 1, 2025, 12:00 PM (MT) to email address: Stephanie.Begay3@ihs.gov.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 75H70725Q00116, Professional Engineering Services, OEHE

Continuation…

SECTION B – GENERAL CONTRACT INFORMATION

1. The Department of Health and Human Services (DHHS), Indian Health Service (IHS), Albuquerque Area Office

(AAO), has a requirement for Professional Engineering Services for the Office of Environmental Health & Engineering (OEHE) in Albuquerque, New Mexico.

2. Acquisition will be for one (1) 12-month base period and four (4) 12-month option periods.

3. The Government intends to award a single award from this solicitation.

4. This is a Personal Services Contract, as defined in Federal Acquisition Regulation (FAR) 37.104.

a. (a) A personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor’s personnel. An employer-employee relationship under a service contract occurs- as a result of the contract’s terms or the manner of its administration during performance- when contractor personnel are subject to relatively continuous supervision and control of a Government officer or employee.

b. (b) Beginning in Fiscal Year 1995, it is the policy of the Department of Health and Human Services that when resources are not sufficient to support the mission of the agency, personal services contracts authorized by the administrative provision of P.L. 103-332 may be executed. Under P.L. 103-332, the Indian Health Service (IHS) enters into a contract for personal services with either individuals or organizations for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the IHS. This supplements the general policy and procedures prescribed in the Federal Acquisition Regulation (FAR) Subpart 37.1, and the Department of Health and Human Services Acquisition Regulation (HHSAR) Subpart 337.1

c. It is the purpose of personal service contracts to:

a. Facilitate accomplishment of the IHS mission;

b. Maximize beneficiary access to IHS facilities;

c. Enhance quality of care by promoting the continuity of the patient/provider relationship; and

d. Ensure adequate services for facilities under construction.

d. Personal services contracts are subject to the following limitations:

a. Contractors are subject to the same quality assurance, credentials, licensure, and qualification standards as required of IHS personnel.

b. Personal services contracts are not to be used to circumvent service hiring practices or to displace a current permanent Federal employee.

e. Under a personal services contract, it is the sole responsibility of the individuals or organizations to ensure that Federal and State income tax requirements are met.

f. Voluntary Separation Incentive Payments- Repayment Requirement

a. An employee who received a voluntary separation incentive payment (VSIP) and later accepts employment under a personal services contract or direct contract with the Government of the United States within 5 years of the date of separation on which the VSIP is based, must repay the entire amount of the VSIP to the agency that paid it- before the individual’s first day of employment.

b. If the proposed employment is with an agency other than the General Accounting Office, the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if:

i. The proposed reemployment is with an executive branch agency;

ii. The individual involved possesses unique abilities and is the only qualified applicant available for the position; or

iii. In case of emergency involving a direct threat to life or property, the individual;

1. Has skills directly related to resolving the emergency; and

2. Will serve on a temporary basis only as long as the individual’s services are made necessary by the emergency.

5. Contract prices-

a. This solicitation will be a Firm-Fixed-Price (FFP) Purchase Order (PO) and the price is $(TBD).

b. As a Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

c. The Contractor shall be paid upon submission of an invoice completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR).

d. The unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

6. Option prices-

a. Pursuant to either FAR Clause 52.217-8, Option to Extend Services (NOV 1999), or FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000), as set forth in this contract- the notice to exercise any of the option periods will occur prior to the contract’s performance end date.

b. FAR 17.207(c)- The contracting officer may exercise options only after determining that-

(1) Funds are available;

(2) The requirement covered by the option fulfills an existing Government need;

(3) The exercise of the option is the most advantageous method of fulfilling the Government’s need, price and other factors (see paragraphs (d) and (e) of this section) considered;

(4) The option was synopsized in accordance with part 5 unless exempted by 5.202(a)(11) or other appropriate exemptions in 5.202;

(5) The contractor does not have an active exclusion record in the System for Award Management (see

FAR 9.405-1);

(6) The contractor’s past performance evaluations on other contract actions have been considered; and

(7) The contractor’s performance on this contract has been acceptable, e.g., received satisfactory ratings.

7. Pricing Summary-

a. Upon delivery and acceptance of the services described in the Statement of Work (SOW) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth on the specified contract line items.

b. Schedule of Charges:

https://www.acquisition.gov/far/part-5#FAR_Part_5 https://www.acquisition.gov/far/subpart-5.2#FAR_5_202 https://www.acquisition.gov/far/subpart-5.2#FAR_5_202 https://www.acquisition.gov/far/subpart-9.4#FAR_9_405_1

Item # Contract Period Services Est. Hours (NTE) Unit Price Extended Price

CLIN 1

Base Year:

TBD/20025-

TBD/2026

1,600 HR $ $

CLIN 2

Option Year #1:

TBD/2026-

TBD/2027

1,600 HR $ $

CLIN 3

Option Year #2:

TBD/2027-

TBD/2028

1,600 HR $ $

CLIN 4

Option Year #3:

TBD/2028-

TBD/2029

1,600 HR $ $

CLIN 5

Option Year #4:

TBD/2029-

TBD/2030

Professional Engineering

Services

1,600 HR $ $

TOTAL $

SECTION C – DESCRIPTION OF SERVICES.

The Contractor shall provide professional engineering/architectural and project management services to the Albuquerque Area Indian Health Service (AAIHS), Office of Environmental Health & Engineering (OEHE), Division of Health Facilities (DHS). The Contractor shall provide services that include, but not limited to developing project documents, planning projects, preparing contract documents, managing project time frames and finances, providing construction inspection, and preparing project and asset management close out documents.

1. Contract Support shall include technical support and assistance in all non-inherently governmental areas of Federal Acquisition Regulation (FAR) based on Federal procurement in which advanced or complex knowledge and expertise is required.

2. The Contractor shall not perform duties outside of those specified in this Scope of Work.

3. Scope of Work.

a. The Contractor shall provide professional engineering services for project management associated with various phases of healthcare construction projects under the direction of the AAIHS, OEHE, DHF Director.

a. This is a non-supervisory position but the Contractor will participate with Key OEHE and DHF staff in program management, project meetings, and maintenance recommendations.

b. The Contractor shall be familiar with the following documents:

a. American Institute of Architects Guideline for Design and Construction of Healthcare Facilities

b. Applicable guidelines and codes to include:

i. Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Uniform Federal Accessibility Standards (UFAS)

ii. NFPA 101, Life Safety Code

iii. OHSA Standards for General Industry and Construction

iv. Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code

v. State of New Mexico and Local Building Codes

vi. IHS OEHE Technical Handbook (Guidelines)

vii. IHS Engineering Services Architect/Engineer Guidelines

viii. The Joint Commission on Accreditation of Healthcare Organizations (TJC) and other healthcare accreditation organization

ix. R.S. Means Cost Data Books

x. National Electrical Code

xi. NFPA 99, Standard for Healthcare Facilities

c. The Contractor shall develop Statements of Work (SOW)

a. Collect field and program input for the SOW

b. Clearly define the scope of work

c. Develop preliminary project cost estimates

d. Recognize energy conservation measures and recommend implementation in the project

d. The Contractor shall provide program management

a. Prepare contracting documents

b. Assess the project using Interim Life Safety Measures and recommend required measures

c. Assess the project for impact on healthcare infection control and recommend preventative measures per the Joint Commission

d. Perform code analysis as required for existing and new buildings and for new projects

e. Participate in negotiation of project pricing with contractors and recommend approval of negotiated price using R.S. Means

f. Monitor overall project flow and follow up on necessary items to assure time schedule is met and keep customers informed of progress

g. Maintain and update project files according to Division and IHS standards

h. Perform plan and specification reviews of Architect/Engineer work on proposed projects

i. Attend pre-construction and progress meetings

j. Prepare reports (inspection and site visit)

k. Perform investigation and resolution of problems or issues related with the design and construction phase of a project (may require a written report)

l. Review the schedule of values and progress schedules provided by the contractor

m. Review pay requests and make recommendations for approval

n. Assure, during each site visit, the complete and current record drawings and specification are being maintained by the contractor

o. Conduct labor interviews using standard U.S. Department of Labor forms

p. Review shop drawings submitted by contractors and recommend for approval

q. Review contractor furnished data and literature on installed equipment and systems for completeness of operation and maintenance manual

r. Prepare project closeout documents for IHS Asset Management to account for capitalized project work

s. Receive assignments from the technical supervisor in terms of defining project objectives, general methods, priorities, and deadlines for each project

t. Discuss problems with technical supervisor before action is taken

e. The Contractor shall meet the technical requirements and possess the required experience as follows:

a. At a minimum, possess a Bachelor’s degree in an accredited (ABET) professional engineering curriculum

b. Have professional engineering experience characterized by the ability to apply such knowledge to engineering problems; apply fundamental and diversified concepts and practices;

understanding of and ability to enforce compliance with building codes and design standards;

and ability to analyze, interpret and evaluate data in the solution of engineering problems

c. Possess a minimum of 5 years technical experience that includes hospitals, healthcare centers, and clinics

4. Work Schedule.

a. A lunch break of thirty minutes (30) is permitted (non-paid) under the contract. The Contractor cannot invoice time as worked if its’ employee chooses not to take a lunch break. The Contractor also cannot invoice travel times to/from the facility site as time worked.

b. Work Absence. The Contractors employees shall obtain approval of the department supervisor or designee prior to any absence from work. If the length of absence exceeds working hours the contractors must request from agency approval at least thirty (30) days, (the exception is verifiable emergencies) in advance of the desired absence. The Contractor shall communicate to the Division Supervisor that a contractor will be absent in a timely matter.

5. Background clearance.

a. The Contractor’s Point of Contact (POC), shall ensure that the Contractor completes the Indian Health

Service (IHS) background check process annually as required prior to an assignment with an IHS facility.

6. Conditions of Contract Services:

a. Fingerprinting Requirements for Security and Suitability. Prior to the start of services, the Contractor must contact the Contracting Officer’s Representative (COR) to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations. Services cannot start until successful completion of background clearance, including a criminal history background investigation, with an official start date. Due to internal process requirements, this clearance may take up to six (6) months. Potential candidates should be made aware of this and factor into “availability.”

b. Indian Health Child Protection and Family Violence Prevention Act. Contractors will be subject to character investigation as required by Public Law 101-360, the Indian Health Child Protection and Family Violence Prevention Act prior to performance of a contract by utilizing the US Office of Personnel Management (OPM), electronic application (e-APP) and shall include all fingerprinting procedures and clearances. The contractor will provide all requested information necessary to perform Level I and Level II background checks. The contractor will comply with the requirement to obtain security investigations.

The contractor will work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed. All completed forms will be reviewed by the contractor and forwarded to the government personnel. The contractor will be immediately removed from the position (at any time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known).

c. Criminal history background investigation. The Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract.

Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractors’ employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required, and upon clearance of this stage, a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detailed background application and the application is to be completed within 30 days once the contractor’s employee has been given physical and logical access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with Task Order terms and conditions. The contractor shall ensure that each of their employees complete the

Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR.

d. Orientation/Training. Facility specific orientation/training are necessary to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training is provided ONLY if the subject matter is necessary to improve or enhance the quality of services or includes mandates made by the IHS Service Units/Health Centers while the contractor is working under this contract. Training is not provided for the purpose of continuing education, career development or individual development.

1. Protecting Children from Sexual Abuse. As stated in IHM Circular 19-05: Contractor Training Plan for

Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Children from Sexual Abuse by Health Care Providers. Each Contractor shall take this training within 30 days from their start date at the service unit. The certificate shall be submitted to the COR.

2. Overview of Trauma-Informed Care and Historical Trauma training for Non-Personal Healthcare Services. The certificate shall be provided to the COR within 30 days from their start date.

3. Information System Security Awareness (ISSA) Training. Contractors who utilize the IHS information system or accesses or connects to the IHS network must complete the ISSA training 24 hours of receiving access and annually thereafter. The online ISSA training is located at http://www.ihs.gov/issa. Contractor access will be revoked unless and until the training is completed.

An exception can be made if the user has read and signed the IHS Quick Guide to Information Security, in which case the contractor will have 30 days to complete the training. Course certifications must be provided to the COR upon completion and annually thereafter.

▪ Review section 7.5.1 of the Indian Health Service General User Security Handbook which covers

ISSA training to support this requirement of all contractors who access our information system network.

4. Fraud, Waste, and Abuse Training Videos for all Contractors: The certificate shall be provided to the COR within 30 days from their start date.

e. HHS Information Systems.

1. To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

2. To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

a. HHS Information Security Program Policy, Information Security and Privacy Program | HHS.gov.

b. Reserved.

c. HHS HSPD-12 Implementation Policy (draft)

3. The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

4. The Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

5. The Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).

https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/information-security-privacy-program/index.html

6. Language similar to this Security section shall be included in any Sub-Contracts which require Sub- Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to an HHS-controlled facility, or any combination of these three.

7. Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

8. Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

f. Implementation Guidance. The work performed under this contract will assist IHS in meeting legislative mandates and associated implementation guidance from OMS, HHS, NIST, and US Cert. Statutes and Acts generally applicable to IHS security include, but are not limited to the following:

• Health Information Technology for Economic and Clinical Health Act

• Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002

(Public Law 107-347, Title Ill).

• OMB Circular A-130 and Appendix Ill, Security of Federal Automated Information Resources

• OMB Circular A-11, Preparing, Submitting, and Executing the Budget

• Presidential Decision Directive 63 (POD 63)

• NIST Special Publications - 800 Series

g. Identification and disposition of data, reports, and other deliverables.

1. The Contractor not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidential Information Clause (HHSAR 352.224-70 and HHSAR 352.224-71, section I).

2. Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.

3. The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. The Contractor shall obtain prior approval from the Government Contracting Officer before the dissemination or release of information related to this contract.

h. Additional requirements concerning data, data rights, and computer software.

1. Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract. All data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.

2. The Contractor shall send copies of the final Reports and Deliverables under each task to the Indian Health Service and kept on file. At the end of the contract, all files must be kept by the Contractor for audit purposes.

3. No software will be developed, modified, or enhanced under this acquisition.

i. Government-Furnished Property and Services.

The property that is owned by the government and provided to a contractor for use during the performance of a contract. The property used and maintained by the Contractor shall be in accordance with provisions of FAR Clause 52.245-1, Government Property (SEP 2021). The Government will furnish the following:

• Office Cubicle with desktop computer, telephone, desk/chair, and a PIV card. The PIV card will be issued upon successful security clearance for access to the Government network and office.

j. Motor Vehicle Operation.

Contractors will not operate any Government-Owned vehicles. If required, they are allowed only as passengers in the Government-Owned Vehicle driven by a Federal employee.

6. Quality Assurance.

a. The Contracting Officer or their duly authorized representative shall review and approve services provided under the terms and conditions of the contract. The Contracting Officer, the Contraction Officer’s Representative (COR), or the designated Government Project Officer and the Contractor shall evaluate the services during the term of contract and the report of the evaluation will be made a part of the official contract file. The evaluation will be objective and directed toward the progress made in meeting the contract objectives and statement of work, resolve problems encountered, clarify issues that may arise unexpectedly and to evaluate the accomplishments. The evaluation will be conducted on dates mutually agreed to by all parties.

b. Evaluation of the Contractor’s performance will be reviewed and monitored according to the applicable Program’s Quality Assurance Standards.

c. The Contractor will be informed if any quality-of-service issues are identified by the IHS Project Officer and the Contractor shall take appropriate corrective action within appropriate timeframes specified by the Government. Failure to do so may result in Termination for Default.

SECTION D - PACKAGING AND MARKING-N/A

SECTION E - INSPECTION AND ACCEPTANCE.

1. Inspection and acceptance. All work under this contract is subject to inspection and final acceptance by the

Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

SECTION F – PERIOD OF PERFORMANCE.

1. The performance schedule is as follows:

Base Period: TBD/2025 to TBD/2026 Option Period One: TBD/2026 to TBD/2027 Option Period Two: TBD/2027 to TBD/2028 Option Period Three: TBD/2028 to TBD/2029 Option Period Four: TBD/2029 to TBD/2030

a) The performance shall be for the base period initially. Option periods may be exercised upon issuance of written modifications, in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000).

b) Total contract award must not exceed five years.

2. Deliverables: The contractor shall provide Professional Engineering Personal Services to the following Albuquerque Area Indian Health Service facility:

Albuquerque Area Office 4101 Indian School Road NE, Suite 225 Albuquerque, New Mexico 87110

3. Hours of Operation. The hours are between 08:00 AM to 04:30 PM. There will be no schedule delivery on the weekends or Federal holidays. If there should be any change in the normal working hours, this shall be coordinated with the COR.

4. Government holidays-

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Juneteenth Labor Day Indigenous Day/Columbus Day Veteran's Day Thanksgiving Day Christmas Day *Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

SECTION G - CONTRACT ADMINISTRATION

1. Authorities of Government Personnel:

Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

2. Contracting Officer/Contracting Specialist:

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

a. Eric Wright, Contracting Officer (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6752; email: Eric.Wright@ihs.gov

b. Stephanie Begay, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Rd NE, Suite 225 Albuquerque, New Mexico 87110 505-256-6750; email: Stephanie.Begay3@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

The Federal Acquisition Regulation defines an unauthorized commitment as an agreement that is not binding solely because the government representative who made it lacked the authority to enter into that agreement on behalf of the government. Only contracting officers have the authority to make purchases or award contracts. Upon receipt and/or execution of any order placed for goods or services, the vendor shall verify that the Government Agent issuing the order has necessary authority to entire into the purchase order/contract. If it is determined that the vendor failed to do so, they may be held liable for future Unauthorized Commitments.

3. Contracting Officer’s Representative (COR)

a. Deanne Waconda; Deanne.Waconda@ihs.gov; 505-256-6802, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

http://www.opm.gov/fedhol mailto:Eric.Wright@ihs.gov mailto:Stephanie.Begay3@ihs.gov mailto:Deanne.Waconda@ihs.gov

b. Gretchen Tsosie; Gretchen.Tsosie@ihs.gov; 505-256-6786, is hereby designated as the Alternate COR for this service. The Alternate COR responsibilities will be to help coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions.

c. The COR and Alternate COR’s shall be responsible for:

(1) Monitoring the Contractors technical progress, including surveillance and assessment of performance and recommending technical changes,

(2) Interpreting the Statement of Work (SOW) in coordination with the Contracting Officer (CO),

(3) Technical evaluation as required,

(4) Technical inspections and acceptance,

(5) Assisting the Contractor in the resolution of technical problems encountered during the performance of the contract.

4. Invoice Requirements-

a. The Contractor shall submit invoices monthly (in arrears).

b. The Contractor shall electronically send all complete invoices with all required documentation through ipp.gov. Failure to upload required documents directly to the website listed above will delay in prompt payment of your invoice.

c. The Contractor is required to include the Unique Entity Identifier (UEI) on each invoice. For more information about the UEI- (Home | SAM.gov).

d. The Contractor shall submit invoices in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc.

e. Request for Taxpayer Identification Number and Certification

f. A form W-9 shall be submitted to the Albuquerque Area Indian Health Service Division of Accounting

Services by either of the following:

1) Encrypted Email: ALB_AOAPinvoices@ihs.gov or

2) Secure Fax: (505) 256-6851

Failure to submit the required form W-9 to the email address/fax number listed above will delay issuance of the IRS 1099 Form.

g. Credit memos will not be accepted as a form of refund. All refunds are to be submitted via a check addressed to:

Albuquerque Area Indian Health Service Division of Accounts Receivable 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

SECTION H - SPECIAL CONTRACT REQUIREMENTS.

1. Contractor Performance Evaluation Report. During the life of this contract, the contractor’s performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor’s, and any significant subcontractors or affiliates, past performance on future contracts.

2. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system CPARS.gov. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

mailto:Gretchen.Tsosie@ihs.gov mailto:www.ipp.gov mailto:www.sam.gov ALB_AOAPinvoices@ihs.gov%20 https://www.cpars.gov/cparsweb/home

3. Contractor Discrepancy Report (CDR). In the event of unsatisfactory contract performance, the Contracting Officer (CO) will issue a CDR that will explain the circumstances and finding concerning the incomplete or unsatisfactory service. The Contractor shall acknowledge receipt of the CDR and respond in writing as to how they correct the unacceptable performance and avoid recurrence. The Government shall review the Contractor’s corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of Contractor performance when determining present or future contractual obligations.

PART II – CONTRACT CLAUSES.

SECTION I – CONTRACT CLAUSES.

1. FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES.

This solicitation 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 these website address: FAR | Acquisition.GOV

FAR Clause No.: Title: Date:

52.202-1 Definitions JUN 2020 52.252-2 Clauses Incorporated by Reference FEB 1998 52.203-3 Gratuities APR 1984 52.203-5 Covenant against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment OCT 2020

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements- Commercial Item Acquisition FEB 2007

52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-11 Extras APR 1984 52.232-18 Availability of Funds APR 1984

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

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JULY 1995 52.242-15 Stop-Work Order AUG 1989 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services NOV 2023

52.245-1 Government Property SEP 2021 52.216-4 Economic Price Adjustment-Labor and Material JAN 2017 https://www.acquisition.gov/browse/index/far

Following clauses in full text:

2. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11) (i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18) (i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i)52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JAN 2025) of 52.219-9.

__ (22) (i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__ (26) (i)52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

__ (33) [Reserved] __ (34) [Reserved] __ (35) (i)52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (36) (i)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_X_ (39) (i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.