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SECTION 1 - SERVICES AND PRICES/COSTS
| 1.1 | SERVICES | |
| 1.1.1 | The Indian Health Service (IHS)/Albuquerque Area Office (AAO), Albuquerque Service Unit (ASU) has a requirement to provide ongoing claims transmission and data processing and eligibility verification services for the collection of third party revenue for the Albuquerque Indian Health Center located in Albuquerque, NM, Santa Ana Health Center located in Bernalillo, NM, and Zia Health Clinic located in Zia Pueblo, NM. These three clinics comprise the Albuquerque Service Unit (ASU). |
| This will result in one Firm-Fixed-Price (FFP) purchase order. | |
| 1.3 | GENERAL CONTRACT INFORMATION | |
| 1.3.1 | This is a non-personal service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, a contract under which the personnel rendering the services are not subject, the contract’s terms or the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. |
| 1.3.2 | As 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 New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico. |
| 1.3.3 | The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico 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. |
| 1.3.4 | FINGERPRINTING 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. |
| 1.4 | CONTRACT PRICE | |
| 1.4.1 | This will result in an FFP purchase order. The total price for this contract is TBD. |
| 1.4.2 | Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the awarded contract price. |
| 1.4.3 | Upon delivery and acceptance 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 below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly: |
SCHEDULE OF CHARGES
| Item # |
| Dates* |
| Description of Cost** |
| Total Amount |
12/01/22 – 11/30/23
| $__________/month x 12 months = |
| $__________/year |
12/01/23 – 11/30/24
| $__________/month x 12 months = |
| $__________/year |
12/01/24 – 11/30/25
| $__________/month x 12 months = |
| $__________/year |
12/01/25 – 11/30/26
| $__________/month x 12 months = |
| $__________/year |
12/01/26 – 11/30/27
| $__________/month x 12 months = |
| $__________/year |
GRAND TOTAL:
| *- Dates are subject to change due to background investigations, security clearances, etc. |
| ** - Units may be adjusted or changed to suit the proposal/quote (see attachments for fillable | |
| table) |
SECTION 2 – DEFINITIONS:
| 2.1 | Acceptance: 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. |
| 2.2 | Approval: 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. |
| 2.3 | Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units. |
| 2.4 | Blanket Purchase Agreement (BPA): is a simplified method of filling anticipated repetitive needs for supplies or services. |
| 2.5 | Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity. |
| 2.6 | Business 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. |
| 2.7 | Contract: This is a legal binding document between the Government and the Contractor. |
| 2.8 | Contractor: The individual award a legal binding contract to provide supplies and services. |
| 2.9 | Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. |
| 2.10 | Contracting 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. |
| 2.11 | Customer: Patients, staff and visitors of an IHS service unit and health center. |
| 2.12 | Customer 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. |
| 2.13 | Federal 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. |
| 2.14 | Health 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. |
| 2.15 | Non-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 |
| 2.16 | Ordering Activity: An authorized user of IHS that may issue a purchase order to obtain required services under this contract. |
| 2.17 | Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center. |
| 2.18 | Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts. |
| 2.19 | Patient Outcome: End result of pharmaceutical care. |
| 2.20 | Performance Based Matrix: Lists the services and the standards to be applied. |
| 2.21 | Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards. |
| 2.22 | Point of Contact: Person other than the COR or the Alternate COR |
| 2.23 | Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance. |
| 2.24 | Service Unit: The local administrative unit of IHS. |
| 2.25 | Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable. |
| 2.26 | Technical 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. |
| 2.27 | Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation. |
| 2.28 | Verifiable 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 10.7.1, Contractor will supply all other items as required to carry out the services.
SECTION 5 – STATEMENT OF WORK
5.1 To provide clearinghouse secure electronic data interchange, also referred to as claims transmission and data processing services, to and from the Medicare Administrative Contractor and Commercial Payers, using Centers for Medicaid and Medicare Services approved commercially available Internet-based connection services for Albuquerque Indian Health Center. Eligibility verification service is necessary to support the goal to effectively capture the collection of the Third Party Revenue that meets the Mission of the Indian Health Service (IHS) Albuquerque Indian Health Center (AIHC).
1. Billing
a. Extract, create, utilize Electronic Health Record (EHR) for validation of specific Provider evaluation, diagnosis, and management of a patient presentation in order to link billable diagnostic and procedural codes; and validate Insurance eligibility in order to approve billable patient encounters for the Outpatient Facility at Albuquerque Indian Health Center (AIHC); Santa Ana Health Station (SAHS); and Zia Health Station (ZHS). The Resource and Patient Management System (RPMS) is utilized, with each staff member creating a transaction that is electronically captured as “cashiering sessions” are closed at the end of the day, when a reconciliation is performed and exported to the Unified Financial Management System (UFMS).
b. An additional process occurs when file is recreated of all claims approved through RPMS by the Biller and sent though a Clearinghouse, which is the electronic data interchange (EDI) that is received electronically for varied Insurers, also informs the client of any claim file errors, which is rejected and reported to the Client. In this process the file is then authenticated, corrected, which is then released to the Payers for processing. The payers will process the claims which are reimbursed to the Service Unit.
c. All Payers such as Medicare, Medicaid, Private Insurance (many) and VA are to be submitted through the proposed electronic data interchange (EDI).
2. Qualifications
a. The revenue cycle must be augmented with a streamlined and reliable service to receive claims being transmitted electronically with real-time claim acceptance, and a complex error message translated in clear messaging in order to support the higher claims success rate and reconciliation that ensures the reliability of reimbursement at an increased rate and decreased denials and rejections.
b. The capabilities must have easy access to the hundreds of payers for real-time and batch eligibility and connectivity and availability 24/7.
3. Electronic Claims Transmission and Reporting
a. The claims received in the Clearinghouse will verify a "clean claim" by a scrubbing engine which has Local and National Coverage Determination, Payer Rules and Correct Coding Initiatives (CCI). Errors are identified with suggested corrections and returned to the Client.
Claims for all Payers have to be verified for eligibility transaction to ensure coverage exist before claims are sent to the Payer.
b. Claims Management must have the capability of identifying denied claims and must have the capability to perform payer appeals for reimbursement.
c. Claims acceptance and reimbursement must be successful.
d. Technical support and service training and implementation must be available without any impacts to the Agency's revenue cycle.
| 5.2 | Work Schedule: |
| 5.2.1 | Work Shift: Facility day time hours of operation are 8:00 AM – 5:00 PM MDT, Monday through Friday (excluding Federal holidays). Hours of work will be determined by department head, COR, etc. according to workload, etc. |
| 5.2.3 | Scheduling 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. | |
| 5.2.4 | Work Flexibility: As directed by the COR, the Contractor's employee must rotate into other duty sections as needed to support patient care. | |
| 5.2.5 | Work 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. | |
| 5.2.6 | The 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: | |
| | 5.2.6.1 | The cause of the current illness or incapacitation AND |
| | 5.2.6.2 | Indicating the Contractor as contagious or non-contagious. |
| | 5.2.6.3 | The Government reserves the right to examine and or re-examine any Contractor who meets the criteria. |
| 5.3 | Performance Evaluation: | | |
| 5.3.1 | The Contractor will be responsible for performing the work specified in the proposal. | |
| 5.5 | Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct. | | |
| 5.6 | Conditions of Contract Services | | |
| 5.6.1 | The 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. | |
| 5.6.2 | Identification of Contractor: The Contractor must wear a government issued contractor identification badge during performance of duty. After 120 days, PIV cards are issued at the Service Unit. | |
| 5.6.3 | Management 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. | |
| 5.6.4 | IHS 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:
| 5.7.1 | 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. |
| 5.7.2 | Subpoenas/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. |
| Clearinghouse Secure Electronic Data Interchange | |
| SOLICITATION NO. 75H70723Q00006 | |
ALBUQUERQUE SERVICE UNIT (ASU)
5.9 When the Contractor demonstrates impaired judgement, they cannot continue working on the 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.
SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN (for example; specific plan will vary according to department requirements)
| Performance-Based Task |
| Indicator |
| Standard |
| Quality Assurance |
| Incentives |
Workers will perform the following:
1. Clearinghouse Secure Electronic Data Interchange
2. Other tasks deemed necessary Work Orders Deficiency Listings Outstanding – 100% of assignments have been completed Acceptable – 80 to 99% of assignments have been completed Satisfactory – 65 to 80% of assignments have been completed
| Will be monitored on a periodic basis when services are being performed. Final determination will happen when all records have been completed. |
| Outstanding - payment will not be held up. |
Acceptable - payment could be held up depending on the level of completion.
Satisfactory – payment will be held up until areas have been completed to the level of either Satisfactory or Outstanding.
Workers will perform the following:
1. Clearinghouse Secure Electronic Data Interchange
2. Other tasks deemed necessary
| Specific tasks outlined in proposals & SOW |
| Outstanding – 100% of assignments have been completed. |
Acceptable – 80 to 99% of assignments have been completed.
Satisfactory – 65 to 80% of assignments have been completed.
| Will be monitored on a periodic basis when services are being performed. Final determination will happen when all records have been has been completed. |
| Outstanding - payment will not be held up. |
Acceptable - payment could be held up depending on the level of completion.
Satisfactory – payment will be held up until areas have been completed to the level of either Satisfactory or Outstanding.
SECTION 7 - PACKAGING AND MARKING
| 7.1 | PACKAGING | |
| 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. | |
| 7.2 | MARKING | |
| Each package/container shall be clearly marked as follows: | |
| • | Name of Contractor |
| • | Contract Number |
| • | Description of Items Contained Therein |
| • | Consignee's Name and Address |
| 7.3 | DELIVERY | |
| All deliverables delivered to the following addresses: | |
| Albuquerque Indian Health Center | |
| 801 Vassar Drive NE | |
| Albuquerque, NM 87110 | |
SECTION 8 - INSPECTION AND ACCEPTANCE
| 8.1 | 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. |
| 8.2 | FEDERAL 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
| 9.1 | PERIOD 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. | |
| 9.1.1 | Dates are tentative and may change according to security clearances, etc. |
| | Base Year: 12/01/2022 – 11/30/2023 |
| | 1st Option Year: 12/01/2023 – 11/30/2024 |
| | 2nd Option Year: 12/01/2024 – 11/30/2025 |
| | 3rd Option Year: 12/01/2025 – 11/30/2026 |
| | 4th Option Year: 12/01/2026 – 11/30/2027 |
| 9.1.2 | Performance will be for the Base Year Period only, unless the period is changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract. |
| 9.1.3 | Total 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. |
9.1 PLACE OF PERFORMANCE: The contractor must provide Clearinghouse Secure Electronic Data Interchange to the following Albuquerque Service Unit Indian Health Service Facilities:
| Albuquerque Indian Health Center |
| 801 Vassar Drive NE |
| Albuquerque, NM 87110 |
| Santa Ana Health Center |
| 02-C Dove Road |
| Bernalillo, NM 87004 |
| Zia Health & Dental Clinic |
| 155 Capitol Square Drive |
| Zia Pueblo, NM 87053 |
| 9.3 | GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays) | |
| New Year's Day | Martin Luther King's Birthday |
| President's Day | Memorial Day |
| Juneteenth Independence Day | |
| Labor 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 10 - CONTRACT ADMINISTRATION
| 10.1 | 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. | |
| 10.2 | CONTRACTING 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 Contract is: | |
| | Shandiin DeWolfe, (CO) |
| | Indian Health Service/Division of Contracts & Grants Management (DCGM) |
| | 4101 Indian School Road NE, Suite 225 |
| | Albuquerque, NM 87110 |
| | Phone: 505-256-6755 |
| | 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. | |
| 10.3 | CONTRACTING OFFICER'S REPRESENTATIVE (COR) & ALTERNATE CONTRACTING OFFICER’S REPRESENTATIVE (ALT-COR) | | |
| 10.3.1 | Christopher Cordes, (505) 248-4036, Christopher.Cordes@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 | The 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 PWS. 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. | |
| 10.4 | TECHNICAL 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 SOW 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." | |
| 10.5 | INVOICE SUBMISSION | | |
| 10.5.1 | The Contractor shall submit invoices once per month or more frequently as required. Advance payments will not be issued by Finance unless stated herein. Electronically sent via e-mail complete invoice with all required documentation to:* | |
| | www.ipp.gov | |
| | * Please do not send the Contract Specialist or Finance Office any other invoice-related documents such as deliverables, reports or balance statements. Failure to submit required documents directly to the database listed above will delay prompt payment of your invoice. | |
| 10.5.5 | HHSAR 352.232-71 - Electronic Submission of Payment Requests (Feb 2022) | |
(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
| | (End of Clause) | | | |
| 10.5.4 | Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc. | | | |
| 10.5.5 | All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice. | | | |
| | FAR 52.212-4(g) Invoice. | | | |
| | (1) | The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— | | |
| | | (i) | Name and address of the Contractor; | |
| | | (ii) | Invoice date and number; | |
| | | (iii) | Contract number, line item number and, if applicable, the order number; | |
| | | (iv) | Description, quantity, unit of measure, unit price and extended price of the items delivered; | |
| | | (v) | Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of landing; | |
| | | (vi) | Terms of any discount for prompt payment offered; | |
| | | (vii) | Name and address of official to whom payment is to be sent; | |
| | | (viii) | Name, title, and phone number of person to notify in event of defective invoice; and | |
| | | (ix) | Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. | |
| | | (x) | Electronic funds transfer (EFT) banking information. | |
| | | | (A) | The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. |
| | | | (B) | If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. |
| | | | (C) | EFT banking information is not required if the Government waived the requirement to pay by EFT. |
| | (2) | Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. | | |
| | (3) Per the Accounts Payable Office, failure to submit invoices to the Department of Accounting Services can result in delayed payment of your invoice. | | | |
| 10.5.6 | In accordance with OMB Memorandum, M-11-32; Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. For a small business contractor not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business." | | | |
| 10.5.7 | Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors. | | | |
| 10.5.8 | 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 - Central Contractor Registration. | | | |
| 10.5.9 | Failure to submit via IPP will delay prompt payment of your invoice. | | | |
| 10.6 | GOVERNMENT-FURNISHED PROPERTY | | | | |
| 10.6.1 | The 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 | | | | |
Upon Arrival
Upon Arrival
Upon Arrival
Upon Arrival
| 10.7 | Government Furnished Information / Property and Services | | |
| 10.7.1 | Information: 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. | |
| 10.7.2 | Joint Use by the Government and the Contractor: Except for the property and service listed in 10.7.1, 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. | |
| 10.7.3 | Contractor Exclusive Use: | |
| | 10.7.3.1 | Personal 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. |
| | 10.7.3.2 | The Government will provide facility specific contractor identification badges for each contractor. For lost or destroyed badges, there is a minimum charge of $20.00. |
| | 10.7.3.3 | Training: 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. |
SECTION 11 - SPECIAL CONTRACT REQUIREMENTS
| 11.1 | CONTRACTOR PERFORMANCE EVALUATION REPORT | | |
| 11.1.1 | 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. | |
| 11.1.2 | Contractor 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. | |
| 11.2 | SECURITY | | |
| 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. | |
| 11.3 | REFERENCES: 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 |
| 11.4 | IDENTIFICATION 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. | |
| 11.5 | ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE | | |
| 11.5.1 | 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. | |
| 11.5.2 | Copies 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. | |
| 11.5.3 | Works other than Software Development or Enhancements | |
| 11.5.4 | No software will be developed, modified, or enhanced under this acquisition. | |
SECTION 12 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES
| 12.1 | CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998) |
| This Contract incorporates FAR provisions/clauses referenced, 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. The full text of a clause accessed electronically at this website address: FAR - https://www.acguisition.gov/far/index.html. |
| FAR Clause |
| Title |
| Date |
| 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 |
| Sep 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| May 2014 |
| 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 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| May 2011 |
| 52.204-9 |
| Personal identity Verification of Contractor Personnel |
| Jan 2011 |
| 52.217-8 |
| Option to Extend Service |
| Nov 1999 |
| 52.217-9 |
| Option to Extend Term of the Contract |
| Mar 2000 |
| 52.222-17 |
| Non-displacement of Qualified Workers |
| May 2014 |
| 52.223-6 |
| Drug-Free Workplace |
| May 2001 |
| 52.224-1 |
| Privacy Act Notification |
| Apr 1984 |
| 52.224-2 |
| Privacy Act |
| Apr 1984 |
| 52.229-3 |
| Federal, State, and Local Taxes |
| Feb 2013 |
| 52.232-11 |
| Extras |
| Apr 1984 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| Dec 2013 |
| 52 .233-4 |
| Applicable Law for Breach of Contract Claim |
| Oct 2004 |
| 52.237-3 |
| Continuity of Services |
| Jan 1991 |
| 52.239-1 |
| Privacy or Security Safeguards |
| Aug 1996 |
| 52.242-13 |
| Bankruptcy |
| Jul 1995 |
| 52.242-15 |
| Stop-Work Order |
| Aug 1989 |
| 52.245-1 |
| Government Property |
| Jan 2017 |
| 52.249-8 |
| Default (Fixed-Price Supply and Service) |
| Apr 1984 |
| 52.253-1 |
| Computer Generated Forms |
| Jan 1991 |
Following Clauses in Full Text:
| 12.2 | 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (NOV 2021) | | | | |
| (a) | Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— | | | |
| | (1) | Within a reasonable time after the defect was discovered or should have been discovered; and | | |
| | (2) | Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. | | |
| (b) | Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. | | | |
| (c) | Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. | | | |
| (d) | Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. | | | |
| (e) | Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. | | | |
| (f) | Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. | | | |
| (g) | Invoice. | | | |
| | (1) | The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— | | |
| | | (i) | Name and address of the Contractor; | |
| | | (ii) | Invoice date and number; | |
| | | (iii) | Contract number, line item number and, if applicable, the order number; | |
| | | (iv) | Description, quantity, unit of measure, unit price and extended price of the items delivered; | |
| | | (v) | Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; | |
| | | (vi) | Terms of any discount for prompt payment offered; | |
| | | (vii) | Name and address of official to whom payment is to be sent; | |
| | | (viii) | Name, title, and phone number of person to notify in event of defective invoice; and | |
| | | (ix) | Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. | |
| | | (x) | Electronic funds transfer (EFT) banking information. | |
| | | | (A) | The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. |
| | | | (B) | If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. |
| | | | (C) | EFT banking information is not required if the Government waived the requirement to pay by EFT. |
| | (2) | Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. | | |
| (h) | Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. | | | |
| (i) | Payment.— | | | |
| | (1) | Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. | | |
| | (2) | Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. | | |
| | (3) | Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. | | |
| | (4) | Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. | | |
| | (5) | Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— | | |
| | | (i) | Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— | |
| | | | (A) | Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); |
| | | | (B) | Affected contract number and delivery order number, if applicable; |
| | | | (C) | Affected line item or subline item, if applicable; and |
| | | | (D) | Contractor point of contact. |
| | | (ii) | Provide a copy of the remittance and supporting documentation to the Contracting Officer. | |
| | (6) | Interest. | | |
| | | (i) | All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. | |
| | | (ii) | The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. | |
| | | (iii) | Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— | |
| | | | (A) | The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; |
| | | | (B) | The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or |
| | | | (C) | The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). |
| | | (iv) | If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. | |
| | | (v) | Amounts shall be due at the earliest of the following dates: | |
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