SOLICITATION 75H70723Q00005.docx

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Nurse Practitioner Non-Personal Healthcare Services - Ute Mountain Ute Health Center - Towaoc, CO
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75H70723Q00005
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This document is a solicitation for nurse practitioner non-personal healthcare services at the Ute Mountain Ute Health Center in Towaoc, Colorado. The Indian Health Service seeks proposals by November 4th, 2022 for a base year plus four option years. The services include providing primary care for outpatients of all ages as a member of the patient-centered medical home team. This procurement has a small business set-aside for Indian firms, then cascades to other small business categories if no reasonable offers are received. The contractor must comply with all applicable federal acquisition regulations and clauses for commercial items. Invoices will be submitted through the Invoice Processing Platform. Questions should be directed to the contracting officer by email with the solicitation number.

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SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

1.1SERVICES
1.1.1The Indian Health Service (IHS)/Albuquerque Area Office (AAO), Southern Colorado Ute Service Unit (SCUSU) has a requirement for one Nurse Practitioner (NP) for the Ute Mountain Ute Health Center (UMUHC) located in Towaoc, CO, starting January 01, 2023 and ending December 31, 2023 (the start date is dependent on the background investigation). This will be a base year with four option years.
1.2PRICE OR COST
This will result in a Firm-Fixed-Price (FFP) purchase order.
1.3GENERAL CONTRACT INFORMATION
1.3.1This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.401, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract must maintain medical liability insurance. Coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty. The contract is required to ensure that its subcontract for provisions of health care services contain the requirement of the Clause 52.237-7, including the maintenance of medical liability insurance.
1.3.2As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the Colorado Gross Receipt Taxes (COGRT) for services provided in any county of the State of Colorado.
1.3.3The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of Colorado Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.
1.3.4FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:
Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at Telephone No. (505) 256-6749, AAO, Division of Contracts and Grants, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations.
1.4CONTRACT PRICE
1.4.1This will result in an FFP purchase order. The price for this contract is TBD.
1.4.3The Contractor shall be paid upon submission of an invoice and completion and/or verification (if service) are completed by the Contracting Officer's Representative (COR), of the services indicated below.

SCHEDULE OF CHARGES

Item #
Contract Period*
Description of Services**
Total Amount

CLIN 1

01/01/23 – 12/31/23
1 Nurse Practitioner x $_____/hour x 40 hours/week x 50 weeks/year =
$___________/year
CLIN 2
01/01/24 – 12/31/24
1 Nurse Practitioner x $_____/hour x 40 hours/week x 50 weeks/year =
$___________/year

CLIN 3

01/01/25 – 12/31/25
1 Nurse Practitioner x $_____/hour x 40 hours/week x 50 weeks/year =
$___________/year

CLIN 4

01/01/26 – 12/31/26
1 Nurse Practitioner x $_____/hour x 40 hours/week x 50 weeks/year =
$___________/year

CLIN 5

01/01/27 – 12/31/27
1 Nurse Practitioner x $_____/hour x 40 hours/week x 50 weeks/year =
$___________/year
GRAND TOTAL:
$___________/year
*DATES ARE SUBJECT TO CHANGE DEPENDING ON BACKGROUND INVESTIGATIONS, ETC.
**Rate should be all-inclusive, including travel costs, etc.

SECTION 2 – DEFINITIONS:

2.1Acceptance: As stated in FAR, subpart 46.5, Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements and subject to other terms and conditions of the contract.
2.2Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.
2.3Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.
2.4Blanket Purchase Agreement (BPA): is a simplified method of filling anticipated repetitive needs for supplies or services.
2.5Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity.
2.6Business Associate Agreement (BAA): A BAA is a contract between a HIPAA-covered entity and a HIPAA BA. The contract protects personal health information (PHI) in accordance with HIPAA guidelines.
2.7Code of Ethics: The Revised American Nurses Association Code of Ethics and Standards of Practice and Care, published in 1996 by the American Nurses Association, which makes explicit primary goals, values and obligations of the nursing profession.
2.8Contract: This is a legal binding document between the Government and the Contractor.
2.9Contractor: The individual award a legal binding contract to provide supplies and services.
2.10Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
2.11Contracting Officer's Representative (COR): A federal employee who assists the CO in the administration of this contract. The COR is primarily responsible for the technical assistance and day-to-day program management.
2.12Customer: Patients, staff and visitors of an IHS service unit and health center.
2.13Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.
2.14Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.
2.15Health Clinics/Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray, which are available at least 40 hours a week for outpatient care.
2.16Non-Personal Services: A contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in FAR 37.401
2.17Ordering Activity: An authorized user of IHS that may issue a purchase order to obtain required services under this contract.
2.18Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center.
2.19Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.
2.20Patient Outcome: End result of pharmaceutical care.
2.21Performance Based Matrix: Lists the services and the standards to be applied.
2.22Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards.
2.23Point of Contact: Person other than the COR or the Alternate COR
2.24Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance.
2.25Service Unit: The local administrative unit of IHS.
2.26Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable.
2.27Technical Direction: A directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor.
2.28Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.
2.29Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor.

SECTION 4 – CONTRACTOR-FURNISHED ITEMS

4.1 Except for the property specified in Section 10.6.1, Contractor will supply all other items as required to carry out the services.

SECTION 5 - PERFORMANCE WORK STATEMENT (PWS)

5.1Nurse Practitioner
The contractor will provide Nurse Practitioner Services for the Southern Colorado Ute Service Unit. For the following:
5.1.1The purpose is to provide ongoing Nurse Practitioner services to the patients of Ute Mountain Ute Health Center.

The contractor shall provide a Nurse Practitioner non-personal healthcare services with the following specifications:

-Provide a full range of medical services, including: evaluation; consultation and referral; and specialty referrals for outpatients of all ages.

-Serve on the Patient-Centered Medical Home Team.

-Makes referral recommendations to the Clinical Director as required ensuring appropriate specialty care, follow-up, continuity of care, and ensuring that appropriated forms are completed.

-Participates in treatment planning on a program basis for individual patients.

-Contractor shall be a credentialed member of the Southern Colorado Ute Service Unit Medical Staff and therefore, must abide by Medical Staff Bylaws.

-Contractor shall be required to confer with clinical and administrative staff on a regular basis assuring timely and adequate communication of findings or concerns for appropriate quality care.

-Contractor shall regularly record patient contacts in the medical record as outlined by Bylaws.

-Contractor will enter consultations/referrals for other service, such as: Purchase Referred Care; Behavioral Health; Social Services; Optometry; Audiology; and Public Health Nursing where appropriate.

-Changes in availability of the contractor shall be provided in writing to the Clinical Director.

-Contractor will work with outside facilities and their staff on cases requiring decisive immediate care and possible ambulance transport.

-Contractor shall provide patient management for appropriate follow-up and care either at a scheduled clinic, walk-in patients, or for a Contract Health referral.

-Contractor shall participate in Quality Assurance activities and Safety and Infection Control training or updates as assigned by the Clinical Director.

-The Clinical Director has technical supervision over the work.

-The incumbent works independently with recourse to the Medical Officer in person or by telephone. The work is reviewed through medical records, through observation of clinical techniques and approaches, and through case conferences for effectiveness in meeting requirements.

-Documentation of all patient contacts using the Electronic Health Record (EHR) system must be completed on the date of service.

-Notifications of incomplete chart entries must be completed within 24 hours of receipt.

-Contractor shall complete EHR entries in compliance with the quality management standards for the Southern Colorado Ute Service Unit.

-The contractor will call in to the Clinical Director or CEO if unable to work due to illness or unanticipated events as soon as possible in order to make necessary changes in the provider schedule.

-Minimum experience: 3 years of experience in diagnosis and treatment of a broad range of adult and pediatric conditions.

5.2Work Schedule:
5.2.1Work Shift: 8 hours – usually 8:00am – 4:30pm, Monday through Friday, except all Federal Holidays.
5.2.3Scheduling of Shifts: The COR or POC at the IHS facility will determine specific tour of duty. The contractor's employee must work 100% of the contracted hours.
5.2.4Work Flexibility: As directed by the COR, the Contractor's employee must rotate into other duty sections as needed to support patient care.
5.2.5Work Absence: The Contractor will perform and obtain approval of the COR and Alternate COR prior to any absence from work. If the length of the absence exceeds working hours the Contractor must request from agency approval at least fifteen (15) days, (the exception is verifiable emergencies) in advance of the desired absence.
5.2.6The Contractor must perform and maintain documentation from a qualified health care provider for absences of three (3) or more consecutive days, due to illness, stating:
5.2.6.1The cause of the current illness or incapacitation AND
5.2.6.2Indicating the Contractor as contagious or non-contagious.
5.2.6.3The Government reserves the right to examine and or re-examine any Contractor who meets the criteria.
5.3Performance Evaluation:
5.3.1The Contractor must possess and maintain a current, active, full, and unrestricted license or registration as a Nurse Practitioner from a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.
5.3.2The Contractor will be responsible for make sure Heart Association BLS as required.
5.3.3The Contractor will be responsible for making sure all charting is update as required.
5.4The contractor will perform work with multicultural patients and interpreters as necessary for non-English speaking patients.
5.5Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.
5.6Conditions of Contract Services: All NPs’ providing service under this contract must attend mandatory orientations specified by the IHS.
5.6.1The contractor must 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 Questionnaire for Investigation Processing (eQIP) system and this shall include all fingerprinting procedures and clearances. The contractor must provide all requested information necessary to perform Level I and Level II background checks. The contractor must comply with the requirement to obtain security investigations. The contractor must work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed within 7 business day of receipt. Failure to abide by this 7 business day submission timeframe will result in termination of your contract under 52.249-1 Termination for Convenience of the Government (Fixed Price) Short Form (April 1983). The contractor will review all completed forms and forward onto 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.
5.6.2Identification of Contractor: The Contractor must wear a government issued contractor identification badge during performance of duty. After 120 day’s PIV cards are issued at the Service Unit.
5.6.3Management of Medical Information: The Contractor must manage all patient information in accordance with HIPAA standards, Privacy Act, and IHS Service Unit and/or Health Center specific policies and protocols. The Contractor must immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.
5.6.4IHS Information Technology Systems: In performance of this contract, the Contractor must adapt to and successfully utilize IHS information technology systems such as Electronic Health Records (EHR) or RPMS, which the IHS has deemed necessary for acceptable contractor performance. The IT policies and procedures are available to the Contractor at the Service Unit and the Contractor will adhere to the IHS Information Technology System Security Policies and procedures. The Contractor must follow all appropriate federal required information Technology security requirements and will be operating under Health Insurance Portability and Accountability (HIPAA) and Privacy Act regulations.
5.7.CONTRACTOR QUALIFICATION REQUIREMENTS:
5.7.1Professional Development:
-Applicant must possess a current, active, full and unrestricted license or registration as a Nurse Practitioner or Physician Assistant from a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States.
-Contractor must maintain credentialing and privileges at Southern Colorado Ute Service Unit.
-Contractor must have a valid Driver’s License.
-Must submit current immunizations as required by the SCUSU immunization policy.
-Possess, maintain and have the ability to provide proof of Medical Liability Insurance in the amounts of $1,000,000/$3,000,000.

5.7.2 Motor Vehicle Operator's License: Contractors will not operate any Government-Owned vehicles. If required, they allowed only as passengers in the Government-Owned Vehicle driven by a Federal employee.

5.7.3Health Requirements of Contracted Healthcare Providers: Furnish documentation that reflects immunity for the indicated vaccine preventable diseases through documented disease, vaccination history, serology results, and/or any documented episodes of adverse events after vaccination. Any contractor’s employee who is allergic to a component of a vaccine and/or have a history of a severe reaction to a vaccine is not required to receive that vaccine with documented proof of contraindication to the vaccination. The following are additional requirements for specific vaccine preventable diseases.
•Measles:
-Vaccinations with 2 doses of live measles or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957.
•Mumps:
-Vaccinations with 2 doses of live mumps or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957.
•Rubella:
-Vaccinations with 1 dose of live rubella or MMR vaccines administered at least 28 days apart,
-Laboratory evidence of immunity,
-Laboratory confirmation of disease, or
-Birth before 1957
•Hepatitis B:
-Vaccinations with three doses of Hepatitis B vaccines, or
-signed declination of Hepatitis B vaccination series.
•Varicella:
-Vaccinations with two doses of varicella at least 4 weeks apart,
-laboratory evidence of immunity or confirmation of disease,
-diagnosis or verification of history of varicella disease by a health care provider, or
-diagnosis or verification of a history of herpes zoster by a health care provider.
•Influenza:
-Vaccination with one dose of current annual influenza season vaccine.
-Documented proof of the contraindication to the influenza vaccination as outlined by Advisory Committee on Immunization Practices recommendations, or
-Written statement justifying religious exemption from influenza vaccination.
Note: unvaccinated contract staff with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS facility during the influenza season.
•Pertussis
-Vaccination with one dose of Tdap vaccine.
•Any additional immunization in accordance with IHS Immunization Policy that is available upon request.
The contract staff must have written documentation of TB test (TST or IGRA) within the last 12 months. If documented Positive TB test:
-Provide chest x-ray report of “No active TB disease” following positive TB test.
-Annual sign and symptoms screen:
•If negative sign and symptom screen, follow up chest x-ray not indicated.
•If signs and symptoms screen positive, contract staff must have written documentation of chest x-ray and health care provider evaluation.
For credentialed provider contract staff they must have documentation from the provider’s physician or chief of staff that confirms they do not have any health problems (including disability, emotional stability, drug, or alcohol dependency) that might impair his/her ability to care for patient at time of application.
5.7.4Criminal History Background Check:
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 Contractor‘s 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 Purchase 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. Additional Background Check packets can be obtained through the COR. See HHSAR Clauses 352.237-72 and 352.237-73
5.7.5Required Training: Protecting Children from Sexual Abuse as stated in IHM Circular 19-05: Contracting Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Child from Sexual Abuse by Health Care Providers. Each provider must take this training within 30 days from their start date at the service unit. Certificate should be provided to the COR.
5.7.6Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5-27.3(B)(9) of the Indian Health Manual.
5.9When the Contractor demonstrates impaired judgement, they cannot continue working on the Purchase/Task Order No. 75H70723xxxxxx. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.
6.1APPLICABLE DOCUMENTS:
6.1.1List of Attachments: Business Associate Agreement (BAA), Childcare Addendum (OF-306), Past Performance Survey(s)
Nurse Practitioner

Southern Colorado Ute Service Unit

SOLICITATION NO. 75H70723Q00005

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN

Performance-Based Task
Indicator
Standard
Quality Assurance
Incentives
1. Manage patient needs for the Urgent Care and Outpatients Units.
All patients’ needs are being meet during each visit.
Outstanding – 100% of patient needs are being meet per visit.

Acceptable – 80 to 99% of patient needs are being meet per visit.

Satisfactory – 65 to 80% of patient needs are being meet per visit.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

2. Provide Standard NP duties such as routine patient and emergency care.
Standard NP duties are be used.
Outstanding – 100% of standard NP duties are being meet per visit.

Acceptable – 80 to 99% of standard NP duties are being meet per visit.

Satisfactory – 65 to 80% of standard NP duties are being meet per visit.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

3. Maintain the American Heart Association BLS certification.
Certifications are current.
Outstanding – 100% of certifications have been update as required.

Acceptable – 80 to 99% of certifications have been update as required.

Satisfactory – 65 to 80% of certifications have been update as required.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

4. Complete all required documentation in the EHR.
All patients record are routinely update per visit.
Outstanding – 100% of all charting completed per visit.

Acceptable – 80 to 99% of all charting completed within 3 days after patient visits.

Satisfactory – 65 to 80% of all charting completed within 5 days after patient visits.

Monitored on a periodic basis when services occur. Final determination will happen when job is completed.
Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

SECTION 7 - PACKAGING AND MARKING

7.1PACKAGING
All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.
7.2MARKING
Each package/container delivered to the address shown in Section G.1.3 entitled "Contracting Officers' Representative Appointment and Authority" and shall be clearly marked as follows:
•Name of Contractor
•Contract Number
•Description of Items Contained Therein
•Consignee's Name and Address
7.3DELIVERY
All deliverables delivered to the following addresses:
Ute Mountain Ute Health Center
232 Rustling Willow Street, Complex D
Towaoc, CO 81334
(970) 565-4441

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1INSPECTION 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.
8.2FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES
FAR Clause No.
Title
Date
52.246-4
Inspection of Services – Fixed Priced
(Aug 1996)

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1PERIOD OF PERFORMANCE: The period of performance is a base year of 12 months with four option years if extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Mar 2000); upon written notification by the Contracting Officer within 60 days of contract expiration.
9.1.1Services under this contract shall commence NLT 10 days after all clearances occur.
Base Year: 01/01/2023 – 12/31/2023
1st Option Year: 01/01/2024 – 12/31/2024
2nd Option Year: 01/01/2025 – 12/31/2025
3rd Option Year: 01/01/2026 – 12/31/2026
4th Option Year: 01/01/2027 – 12/31/2027
9.1.2Performance will be for the period of 01/01/2023 to 12/31/2023 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.
9.1.3Total contract award must not exceed five years. Based option year renewals on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.
9.2PLACE OF PERFORMANCE: The contractor must provide Nurse Practitioner non-personal healthcare services to the following Southern Colorado Ute Service Unit Indian Health Service Facility:
9.2.1Southern Colorado Ute Service Unit, including:
Ute Mountain Ute Health Center
232 Rustling Willow Street, Complex D
Towaoc, CO 81334
(970) 575-4441
9.3Travel to and from the facility/office site are not included in the tour of duty. The hours of business and clinic operation are Monday through Friday, from 8:00 AM to 4:30 PM, for outpatient clinics, and 8:00 AM to 8:00 PM, for Urgent Care clinics. The actual hours scheduled in advance through the designated COR and may change as necessary.
9.3GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)
New Year's DayMartin Luther King's Birthday
President's DayMemorial Day
Juneteenth Independence Day
Labor DayColumbus 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 10 - CONTRACT ADMINISTRATION

10.1AUTHORITIES 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.
10.2CONTRACTING OFFICER
The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this solicitation is:
Shandiin DeWolfe, (CO)
Indian Health Service/Division of Contracts & Grants Management (DCGM)
4101 Indian School Road NE, Suite 225
Albuquerque, NM 87110
Phone: 505-256-6756
Email: Shandiin.DeWolfe@ihs.gov
Sent all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.
10.3CONTRACTING OFFICER'S REPRESENTATIVE (COR) & ALTERNATE COR (alt-COR)
10.3.1Leanna VanKeuren, (970) 565-4441, Leanna.VanKeuren@ihs.gov, 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.
10.3.2 Alternate COR to be named
10.3.2The COR’s and alt-COR’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the SOW. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.
10.4TECHNICAL MONITORING
(a)Performance of work under this contract must be subject to the technical direction of the COR identified above, or designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the PWS accomplished satisfactorily.
(b)Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that
(1)Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;
(2)Constitutes a change as defined in the clause entitled "Changes;"
(3)In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4)Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5)Interferes with the Contractor's right to perform under the terms and conditions of the contract; or
(6)Directs, supervises or otherwise controls the actions of the Contractor's employees.
(c)Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(d)The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.
(e)Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."
10.5INVOICE SUBMISSION
PROPER INVOICE:

The Contractor shall submit invoice per month. Advance payments will not be issued by Finance unless stated herein. Electronically sent via email complete invoice with all required documentation to:

Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice.

Additionally, the Contractor is required to include its UEI number.

A complete invoice with all required back-up documentation shall be sent electronically*:

a. Albuquerque Finance: https://www.ipp.gov

*Do not send to the CS or Finance Office any other invoices related documents (i.e. deliverables, reports, and balance statements) to the Buyer or Albuquerque Finance. Failure to submit required documents directly to the website as listed above will delay prompt payment of your invoice.

Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice.

FAR 32.905(b), Content of Invoices:

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of landing number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(4) Per the Accounts Payable office, failure to submit invoices to the IPP Website can result in delayed payment of your invoice.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer.

HHSAR 352.232-71 - ELECTRONIC SUBMISSION OF INVOICE PAYMENT REQUESTS (FEB 2022)

(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

10.6GOVERNMENT FURNISHED PROPERTY
10.6.1The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1, Government Property (found in Section ##).
Item No
Property Description
Property Value
Qty.
Location
Date Available
1
Computer

Upon Arrival

2
Telephone

Upon Arrival

3
Desk/Chair

Upon Arrival

4
PIV Card

Upon Arrival

10.7Government Furnished Information / Property and Services
10.7.1Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.
10.7.2Joint Use by the Government and the Contractor: Except for the property and service listed in 10.6.1, the Government will provide, for joint use by the Government and the Contractor, all necessary equipment, supplies, and clinic space to perform the services under this contract.
10.7.3Contractor Exclusive Use:
10.7.3.1Personal Protective Equipment (PPE): The Government will furnish the Contractor with appropriate PPE other than specified in the contract. The Government will be responsible for any repair, cleaning, and inventory required for the PPE. This does not include any type of uniform or laboratory coat.
10.7.3.2The Government will provide facility specific contractor identification badges for each contractor. For lost or destroyed badges, there is a minimum charge of $20.00.
10.7.3.3Training: Facility specific orientation/training necessary for the Contractor to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training 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 providers are working under this contract. Training not provided for the purpose of continuing education, career development or individual development.
10.8Contractor-Furnished Property
10.8.1Except for the property specified in paragraph 10.6.1 as government furnished, the Contractor shall provide all uniforms and other personal medical instruments subject to the following:
10.8.2Uniforms and Lab Coats: Uniforms and Lab Coats must conform to the requirements of the Indian Health Service Manual, Part 3, and Chapter 4 and meet the approval of the Chief Nurse Executive at each IHS facility.
10.8.3Other personal medical instruments: "Other personal medical instruments" defined, as Contractor owned items include but not limited to stethoscope, scissors, as appropriate to the work unit. The Contractor must not use unsafe equipment or supplies at any time during performance of this contract. All Contractor furnished equipment and supplies shall be subject to inspection by the Government and must be approved by the COR prior to use by the Contractor. The Government reserves the right to prohibit the use of any materials, supplies, or equipment.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1CONTRACTOR PERFORMANCE EVALUATION REPORT
11.1.1During 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.
11.1.2Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.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.
11.2SECURITY
a.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.
b.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:
(i)HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/
(ii)HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html
(iii)Reserved
(iv)HHS HSPD-12 Implementation Policy (draft)
c.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.
d.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.
e.Typically, 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).
f.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 a HHS-controlled facility, or any combination of these three.
g.Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.
h.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.
11.3REFERENCES: The work performed under this contract will assist the IHS in better 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
11.4IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES
A.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 Confidentiality of Information Clause (HHSAR 352.224-70)
B.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.
C.The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Obtain prior approval before dissemination of information from the Government Contracting Officer for the release or dissemination of information related to this contract.
11.5ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE
11.5.1Notwithstanding 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.
11.5.2Copies of the final Reports and Deliverables under each task must officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.

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