SOLICITATION 75H70724Q00080.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

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

CODE 16. ADMINISTERED BYCODE

X

X

X

522320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR203

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

05/28/2024 1730 MD

05/14/2024

505-256-6755SHANDIIN DEWOLFE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70724Q00080

5. SOLICITATION NUMBER

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

1 59 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Solicitation No. 75H70724Q00080 is hereby issued for remote Clearinghouse Services for the Albuquerque Indian Health Center located in Albuquerque, NM, starting December 01, 2024 through November 30, 2025.

CASCADING SMALL BUSINESS SET-ASIDE

Under the Buy Indian Act, 25 U.S.C. 47, through the transfer of authority from the Department of Interior to HHS, offers will be solicited from

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

SHANDIIN R. DEWOLFE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Indian Small Business Economic Enterprises

(ISBEE) (see HHSAR Subpart 326.6) that are also small business concerns. If we do not receive enough competition and/or reasonably priced offers from the ISBEE set-aside, we will then evaluate quotes and consider for award to other small business concerns. Any acquisition resulting from this cascading set-aside will be from such a concern as follows:

1st Tier: Small Business Indian Firms

2nd Tier: All Other Small Business Concerns

***Please remember to submit a signed first page of this solicitation (sign & date in Blocks 30a, 30b, and 30c) to indicate the solicitation has been read and understood in its entirety and that the terms and conditions are accepted***

Period of Performance: 12/01/2024 to 11/30/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

59 2 of

Clearinghouse Services

Solicitation No. 75H70724Q00060 -Albuquerque Service Unit-

SECTION 1 - SUPPLIES OR 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 for remote Clearinghouse Services for the Albuquerque Indian Health Center located in Albuquerque, NM, starting December 01, 2024 through November 30, 2025.

1.1.2 This will result in one firm-fixed price (FFP) award with a base year plus four option years.

1.2 PRICE OR COST

This will result in one Firm-Fixed-Price (FFP) purchase order. The prices listed in the “SCHEDULE OF CHARGES” below are expected but may not be representative of actual pricing and serve as a means of arriving at price reasonableness for award purposes. Utilization of the FFP contract has been determined to be appropriate for Clearinghouse Services, as the government anticipates a recurring need, but cannot pre-determine the precise quantities that will be ordered during the contract period.

1.3 GENERAL CONTRACT INFORMATION

1.3.1 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.

1.3.2 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.

1.3.3 FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:

Prior to start of services specified by the contract scope of work, the Contractor must contact Tamela

Richards (covering for Warren Cheromiah), at Telephone No. (505) 256-6762, 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 The total price for this contract is $TBD, including the base year plus four option years.

1.4.2 The 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 Pricing per Year Total Amount

CLIN 1

Base Year:

12/01/2024 – 11/30/2025

$________/month x 12 months/year = $__________/year

CLIN 2 1st Option Year:

12/01/2025 – 11/30/2026

$________/month x 12 months/year = $__________/year

Solicitation No. 75H70724Q00060

CLIN 3 2nd Option Year:

12/01/2026 – 11/30/2027

$________/month x 12 months/year = $__________/year

CLIN 4 3rd Option Year:

12/01/2027 – 11/30/2028

$________/month x 12 months/year = $__________/year

CLIN 5 4th Option Year:

12/01/2028 – 11/30/2029

$________/month x 12 months/year = $__________/year

GRAND TOTAL (base year + option years):

$__________/year

* - There is a fillable table attached for your usage or you may use a format of your own. Thank you!

SECTION 2 – DEFINITIONS: N/A

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES: N/A

SECTION 4 – CONTRACTOR-FURNISHED ITEMS: N/A

SECTION 5 – STATEMENT OF WORK (SOW)

5.1 SECURE DATA EXCHANGE SERVICE:

• The contractor shall provide a secure data transport service between ASU that is recognized by CMS as an authorized Internet- based commercially available connection.

These services will include the following:

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 Center (SAHC); and Zia Health Clinic (ZHC). 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.

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.

Solicitation No. 75H70724Q00060

c. All Payers such as Medicare, Medicaid, Private Insurance (many) and VA are to be submitted through the proposed electronic data interchange (EDI), Inc.

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.

The service shall comply with the following constraints:

• The service shall not require ASU to install contractor software within the AAIHS environment.

• The service shall enable ASU data exchanges utilizing an ASU/ contractor VPN and secure File Transfer Protocol

(FTP) as approved by the Indian Health Service (IHS) Office of Information Technology.

• The service shall support EDI transactions and interactive telnet sessions.

• The service shall support multiple users and access shall be workstation independent.

• The service shall not entail development of HIPAA (Health Insurance Portability and Accountability Act) transaction set translation or mapping processes, non-CMS or non-IHS generated data or messages, or data reformatting;

• The service shall conform to the information agreements to be established via an Interconnection Security

Agreement and Memorandum of Understanding between the Indian Health Service and the contractor.

• The service shall also conform to a Business Associate Agreement (BAA) to be established between the ASU and the contractor.

MAINTENANCE AND SUPPORT:

The contractor shall support end-to-end communication testing, implementation and daily operations of the data transfers from the contractor to ASU which shall include, at a minimum:

• The contractor shall provide routine technical support to implement corrections to service occurring as a result of errors, flaws or other failures within their service.

• The contractor shall notify a designated ASU point of contact (Contracting Officer's Representative (COR)) of any scheduled maintenance that shall result in downtime at least two (2) days prior to the maintenance period.

Solicitation No. 75H70724Q00060

• The contractor shall notify a designated ASU point of contact of any issues at their facility that results in a disruption of data exchange capabilities. This notification shall occur as soon as possible after the disruption has been identified.

UPGRADE AND/OR ENHANCEMENTS–

Any future upgrades, enhancements including new releases and new versions to the items noted in the specifications shall be addressed and modified, at the discretion of the Contracting Officer, in accordance with Federal Acquisition Regulations.

Clearinghouse secure data transport services to and from the Medicare Administrative Contractor and Commercial Insurance Payers using Centers for Medicaid and Medicare Services approved commercially available Internet-based connection services agreement for the specified Albuquerque Service Unit in the following format:

Estimated Usage Medicare Claims Commercial Claims Eligibility Lookups Monthly Annual

Base 500 3000 60 3500 42000 Option Year #1 500 3000 60 3500 42000 Option Year #2 500 3000 60 3500 42000 Option Year #3 500 3000 60 3500 42000 Option Year #4 500 3000 60 3500 42000

DDE/FISS Connects Needed: 2

DESCRIPTION OF SERVICES

The contractor shall be in accordance with all Federal, State, Local, Tribal and IHS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public performing administrative tasks associated with maintaining and supporting the work performed within the organization.

The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6).” In November 2020, OMB issued memorandum M-21-07 “Completing the Transition to IPv6,” which outlines the Federal government strategic intent “to deliver its information services, operate its networks, and access the services of other using only IPv6.” The IHS-requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror’s solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://nist.gov/programs-projects/usgv6-program

Solicitation No. 75H70724Q00060

5.2 Work Schedule:

5.2.1 Work Shift: The contractor shall provide customer support for reporting, documenting, tracking and resolving of service problems, which shall be available via telephone and email to ASU technical staff during the period 8:00 a.m. through 5:00 p.m. Mountain Standard Time, Monday through Friday, except all Federal Holidays.

5.2.2 The contractor will notify the COR of any schedule maintenance that shall result in downtime at least two (2) days prior to the maintenance period. Also, the contractor will notify the COR of any issues at their facility that result in disruption of data exchange capabilities. This notification should occur as soon as possible after the disruption has occurred.

5.3 Performance Evaluation:

5.3.1 The contractor must be able to meet the daily requirements to a satisfactory degree.

5.4 Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.

5.5 5.5.1 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.

5.5.2 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.

5.6 CONTRACTOR QUALIFICATION REQUIREMENTS:

5.6.1 Certification. No Certification required.

5.6.2 Experience. Should at least have 3 to 5 years of experience.

5.7 Conditions of Contract Services:

5.7.1 The contractor will be subject to character investigation, if necessary, 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 will include all fingerprinting procedures and clearances. The contractor will provide all requested information necessary to perform Level I and Level II background checks. The contractor will comply with the requirement to obtain security investigations. The contractor will work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed. All completed forms will be reviewed by the contractor and forwarded to the government personnel. The contractor will be immediately removed from the position (at any

Solicitation No. 75H70724Q00060 time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known.

5.7.2 Information System Security Awareness (ISSA) Training: Contractors who utilize the IHS information system or accesses or connects to the IHS network must complete the ISSA training 24 hours of receiving access and annually thereafter. The online ISSA training is located at http://www.ihs.gov/issa. Contractor access will be revoked unless and until the training is completed. An exception can be made if the user has read and signed the IHS Quick Guide to Information Security, in which case the contractor will have 30 days to complete the training.

Course certifications must be provided to the COR upon completion and annually thereafter.

5.7.3 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.

5.8 When the Contractor demonstrates impaired judgement, they cannot continue working on the purchase order. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

Solicitation No. 75H70724Q00060

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN (example)

Performance-Based Task Indicator Standard Quality Assurance Incentives Vendor will perform the following:

1. Provide Clearinghouse Services on a timely basis

All requirements are being met.

Outstanding – 100% of requirements are being met.

Acceptable – 80 to 99% of requirements are being met.

Satisfactory – 65 to 80% of requirements are being met..

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 payments 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 customer support when necessary.

All customer support requests are being fulfilled.

Outstanding – 100% of all customer support requests are being fulfilled.

Acceptable – 80 to 99% of all customer support requests are being fulfilled.

Satisfactory – 65 to 80% of all customer support requests are being fulfilled.

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 payments 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.

Solicitation No. 75H70724Q00060

SECTION 7 - PACKAGING AND MARKING: N/A

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 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 Services under this contract shall typically commence as listed below:

Base Year: 12/01/2024 – 11/30/2025 1st Option Year: 12/01/2025 – 11/30/2026 2nd Option Year: 12/01/2026 – 11/30/2027 3rd Option Year: 12/01/2027 – 11/30/2028 4th Option Year: 12/01/2028 – 11/30/2029

9.1.2 Performance will be for the period of 12/01/2024 to 11/30/2025 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.

9.1.3 Total contract award must not exceed one year, unless option year is exercised. Option period renewal is dependent on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.

9.2 PLACE OF PERFORMANCE: This will be remote work, but the contractor will provide Clearinghouse Secure Data Transport Services to the following Albuquerque Area Indian Health Service Facilities:

Albuquerque Indian Health Center 801 Vassar Drive NE Albuquerque, NM 87106

Santa Ana Health Center O2-C Dove Road Bernalillo, NM 87004

Solicitation No. 75H70724Q00060

Zia Health 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.

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

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 purchase order 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

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

CONTRACT ADMINISTRATOR

All Contract administration performed by:

Shandiin DeWolfe, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110

Solicitation No. 75H70724Q00060

Phone: 505-256-6755 Email: Shandiin.DeWolfe@ihs.gov

HHSAR 301-602-3 Ratification of Unauthorized Commitments: The Government is not bound by agreements with, or contractual commitments made to, prospective contractors by individuals who do not have delegated contracting authority. Unauthorized commitments do not follow the appropriate process for the expenditure of Government funds. Consequently, the Government may not be able to ratify certain actions, putting a contractor at risk for taking direction from a Federal official other than the contracting officer. See FAR 1.602-1. Government employees responsible for unauthorized commitments are subject to disciplinary action. Contractors perform at their own risk when accepting direction from unauthorized officials. Failure to follow statutory and regulatory processes for the expenditure of Government funds is a very serious matter.

10.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR) & ALTERNATE CONTRACTING OFFICER’S

REPRESENTATIVE (ALT-COR)

10.3.1 Christopher Cordes, (xxx)xxx-xxxx, @ihs.gov, is hereby designated as COR for this service. The COR’s 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 TBD, (xxx)xxx-xxxx, TBD@ihs.gov, is hereby designated as Alternate COR for this service. The Alternate COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder, when the primary COR is not available. The Alternate COR does not have the authority to change or alter the order amount, terms and conditions.

10.3.3 The COR’s and Alternate 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.

10.4 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;"

Solicitation No. 75H70724Q00060

(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

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 invoices or any other invoice-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.

Solicitation No. 75H70724Q00060

(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 landing.

(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.

Solicitation No. 75H70724Q00060

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

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

10.6 GOVERNMENT FURNISHED PROPERTY: N/A

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 10.6.1, 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.

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 IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLES

11.2.1 The Contractor is 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)

11.2.2 Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque

Service Unit.

11.2.3 The vendor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Dissemination of Information, prior approval shall be obtained from the Government Contracting Officer for the release or dissemination of information related to this contract.

Solicitation No. 75H70724Q00060

11.3 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.

11.4 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

11.5 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

Solicitation No. 75H70724Q00060 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.

11.6 ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND COMPUTER SOFTWARE

11.6.1 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.

11.6.2 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.

11.6.3 Works other than Software Development or Enhancements

11.6.4 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 June 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.204-4 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 Services Nov 1999 52.217-9 Option to Extend Term of the Contract Mar 2000 52.222-17 Non-displacement of Qualified Workers May 2014

Solicitation No. 75H70724Q00060

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 Mar 2023 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 Sep 2021 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 52.209-5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed.

A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a

Solicitation No. 75H70724Q00060 hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the…