Solicitation No. IHS15425001.pdf

Rev. 06/04/2024

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included I this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation no. IHS15425001 is issued as a request for quotation (RFQ).

The solicitation document incorporates provisions and clauses that are those in effect through Federal Acquisition Circular (FAC) 2024-05, effective May 22, 2024.

The solicitation is a Buy Indian set-aside under North American Industry Classification System (NAICS) code 561320 with an associated small business size standard of small business size standard of $30,000,000.

SCHEDULE OF ITEMS

CLIN

NO.

Description Quantity Unit Price Extended Price

1 Base Period 12/01/2024 – 02/28/2025:

Nonpersonal Services for Emergency Medicine Physician All inclusive regular/overtime hourly rate.

521 Hours

2 First Option Period 03/01/2025 – 05/31/2025: Nonpersonal Services for Emergency Medicine Physician All inclusive regular/overtime hourly rate.

521 Hours

3 Second Option Period 06/01/2025 – 08/31/2025: Nonpersonal Services for Emergency Medicine Physician All inclusive regular/overtime hourly rate.

521 Hours

4 Third Option Period 09/01/2025 – 11/30/2025: Nonpersonal Services for Emergency Medicine Physician All inclusive regular/overtime hourly rate.

521 Hours

TOTAL

This combined synopsis/solicitation notice is a request for quote for nine (9) Non-Personal Service Contract for a Contractor to provide an Emergency Medicine healthcare provider to the Chinle Comprehensive Health Care Facility (CCHCF), Navajo Area Indian Health Service (IHS) throughout the duration of the contract period of performance. Services shall be performed in accordance with the attached Performance Work Statement (PWS). The assignment is through the stated period of performance or until the position is filled with a permanent hire. In such instances, the provider will be released from contract assignment.

The Chinle Comprehensive Health Care Facility (CCHCF) is based in Chinle, Arizona (Northeast Arizona near Canyon De Chelly National Monument). The CCHCF is a 60-bed hospital which serves as the health care hub for the region. The medical staff includes Family Physicians, Internists, Pediatricians, General Surgeons, OB/GYN's, Anesthesiologists, and a Psychiatrist. In addition to routine outpatient and inpatient primary care, services available to our patients include: Adult Intensive Care, General Surgery (including laparoscopic surgery), routine and operative Obstetrics, and 24-Hour Emergency Room Services. Health care services are provided to approximately 37,000 active users. Strong Navajo cultural traditions exist within the community, offering an opportunity to learn the Navajo language, or to learn about traditional

Navajo medicine. The service unit is located on the Colorado Plateau with excellent opportunities for photography, hiking, running, road biking, cross country skiing, and mountain biking. Canyon de Chelly National Monument is within 5 miles of the hospital and is a wonderful place for exploring and sightseeing, running and mountain biking.

The Contractor shall provide an all-inclusive rate, and is responsible for all costs associated with providing said services, i.e. travel, per diem, lodging/housing, etc. Government quarters are currently not available, but Chinle, AZ has (3) hotels in the immediate area. The Contractor shall be responsible for housing respective providers if there are no government quarters available. Upon selection, the provider will be placed on a waiting list to acquire Government quarters. If Government housing becomes available, the provider shall contact the CCHCF Housing Services Department, and make rental/payment arrangements;

telephone number 928-674-7303.

The period of performance (or delivery) is December 1, 2024 to November 30, 2025.

Base Period 12/01/2024 – 02/28/2025 First Option Period 03/01/2025 – 05/31/2025 Second Option Period 06/01/2025 – 08/31/2025 Third Option Period 09/01/2025 – 11/30/2025

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023), applies to this acquisition. Addenda are included. 52.212-1 Instructions to Offerors

– Commercial Products and Commercial Services (Nov 2021) Submission of Offers. All offers must include the following information and submitted at or before the date and time specified in this solicitation.

**Email offer directly to the Contracting Officer (CO). The CO for this action is: Whitney Shorty, Contract Specialist, 928-674-7489, whitney.shorty@ihs.gov. No questions will be accepted regarding this notice. Submit Adobe PDF files only.

The provision at 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following factors shall be used to evaluate quotes:

a) The Government will award a contract (or multiple contracts) resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Past Performance of Vendor: Provide a list of 3-5 prior contracts of the same discipline requested herein of comparable size and complexity within the past 5 years, and provide complete and final Contractor’s Performance Assessment Reporting System (CPARS) reports for each contract listed. Each identified contract shall include the following information:

contract number, points of contact of Government personnel who accepted/received the products/services, phone numbers and email addresses for those Government personnel, a description of the requirement and an explanation of how it relates to the current requirement, and the contract award amount. If offeror has no CPARs, then offeror will be rated neutral.

Offerors who provide CPARs will be weighted and considered higher in regards to Past Performance based on their CPARS ratings.

2) Technical Capability of Vendor:

a. Provide a response to how the offeror will respond to staff shortages / absenteeism / replacement in providing candidates.

b. Provide evidence offeror has adequate and appropriate planning, personnel, and available resources positioned efficiently and effectively to carry out the requirements and can meet the large volume of services requested herein.

mailto:whitney.shorty@ihs.gov

3) Qualification Requirements of Candidates: Provide complete Candidate Profile;

Curriculum vitae, resumes, licensures, and all relative documents for proposed candidates.

Provide evidence the candidates meet 100% of the requirements listed in the Performance Work Statement. Offeror must provide the following:

a. Candidate’s Licenses/Certifications/Detailed Experience - Refer to PWS.

NOTE: The Government will not be interviewing candidates.

4) Price: Pricing shall be submitted using the Schedule of Items on page 1.

5) Provide a completed IHS IEE Representation Form attachment.

Failure to follow instructions and/or to provide required information may render proposal non-responsive or unacceptable, and removed from award consideration.

Past Performance of Vendor, Technical Capability of Vendor, and Qualification Requirements of Candidates when combined, are Significantly more important than cost or price, and all non-price factors are of equal importance. Offers are intended to be evaluated with, and award made after, discussions with the offerors.

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Quoters must include with its quote a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024).

The following Federal Acquisition Regulation provisions also apply:

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

OCT 2020

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS –

COMMERCIAL ITEM ACQUISITION

FEB 2007

52.233-2

SERVICE OF PROTEST (US HWY 191 Hospital Drive, Chinle, AZ 86503) SEPT 2006

52.252-1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

www.acquisition.gov/browse/index/far, www.acquisition.gov/hhsar FEB 1998

The following Department of Health and Human Services Acquisition Regulation provisions also apply:

52.226-7 INDIAN ECONOMIC ENTERPRISE

REPRESENTATION

MAR 2022

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/hhsar

(a) The offeror must represent as part of its offer that it does meet the definition of Indian Economic Enterprise (IEE) as defined in HHSAR 326.601 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately, via email, if there is any ownership change affecting compliance with this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form or any successor forms through which the offeror will certify that the ownership requirements defined by HHSAR 326.601 are met.

(c) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set-aside under the Buy Indian Act is a violation of the law punishable under 18 U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

(End of provision)

The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. Addenda are included.

52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024) Alternate 1 (Nov 2021) applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

Clause No., Clause Name & Clause Date 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8, Utilization of Small Business Concerns (Feb 2024) 52.219-9, Small Business Subcontracting Plan (Sep 2023) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) 52.219-14, Limitations on Subcontracting (Oct 2022) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) 52.219-33, Nonmanufacturer Rule (Sep 2021) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sep 2016) 52.222-35, Equal Opportunity for Veterans (Jun 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37, Employment Reports on Veterans (Jun 2020) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.222-54, Employment Eligibility Verification (May 2022) 52.224-3 Privacy Training (Jan 2017)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) 52.239-1, Privacy or Security Safeguards (Aug 1996)

The following Federal Acquisition Regulation clauses also apply:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER CONTENT PAPER MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND VEGETATION APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE

CONTRACT MAR 2000

(a)The Government may extend the term of this contract by written notice to the Contractor within 5 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months.

(End of clause)

52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY

INSURANCE

JAN 1997

(a)It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000 per occurrence; $3,000,000 aggregate.

(b)An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c)Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d)Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e)The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f)The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

(End of clause)

The following Department of Health and Human Services Acquisition Regulation clauses incorporated by reference also apply:

352.224-70 PRIVACY ACT DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.226-1 INDIAN PREFERENCE DEC 2015

352.226-2 INDIAN PREFERENCE PROGRAM DEC 2015

352.237-70 PRO-CHILDREN ACT DEC 2015

352.237-70 CRIME CONTROL ACT – REPORTING OF CHILD ABUSE DEC 2015

352.237-72 CRIME CONTROL ACT – REQUIREMENTS FOR BACKGROUND

CHECKS

DEC 2015

352.237-73 INDIAN CHILD PROTECTION AND FAMILY VIOLENCE ACT DEC 2015

https://www.acquisition.gov/far/part-37#FAR_37_101

352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015

352.237-75 KEY PERSONNEL DEC 2015

352.226-4 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC

ENTERPRISE SET-ASIDE

MAR 2022

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR § 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website ( www.IHS.gov/DAP ), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

352.226-6 INDIAN ECONOMIC ENTERPRISE

SUBCONTRACTING LIMITATIONS

MAR 2022

(a) Definitions as used in this clause.

(1) Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(i) At the time an offer is made in response to a written solicitation;

(ii) At the time of the contract award; and

(iii) During the full term of the contract.

(2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Health Service or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for general services, A&E services and construction awarded under this contract.

(End of clause)

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)

The following local Indian Health Service, Gallup Service Unit special instructions also apply:

GSU-01 NON-PERSONAL SERVICES DEC 2020

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of a personal services nature, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately.

http://www.ipp.gov/

GSU-02 NON-PERSONAL HEALTH CARE SERVICES DEC 2020

In accordance with FAR 37.401, this is a non-personal health care services contract, as defined in FAR 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The Contractor indemnifies the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor must maintain medical liability insurance in the coverage amounts identified in the clause at 52.237-7 Indemnification and Medical Liability Insurance, which must flow down to any of the Contractor’s subcontracts for provisions of health care services.

(End of clause)

GSU-06 IMPLEMENTATION OF INDIAN HEALTH

MANUAL PART 3, CHAPTER 20, PROTECTING

CHILDREN FROM SEXUAL ABUSE BY HEALTH

CARE PROVIDERS

JUL 2021

Indian Health Manual Part 3, Chapter 20 establishes policy for Protecting Children from Sexual Abuse by Health Care Providers. All Indian Health Service contractors must complete a government-provided, training module associated with this policy as an integral part of the onboarding process, but no more than 30 days from the date of onboarding. Failure to complete the mandatory training may be cause for adverse action from a minimum of temporary suspension, to a maximum of termination, from appointment.

The Contractor is required to flow down this clause in any subcontract for commercial or non-commercial item. The extent of the flow down shall be as required by the clause.

(End of Clause)

GSU-08 CONTRACTING OFFICER’S REPRESENTATIVE AUG 2022

(a) Definition. “Contracting Officer’s Representative (COR)” means an individual designated in by the Contracting Officer as authorized personnel responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(b) Per FAR Subpart 1.602-2(d): The Contracting Officer (CO) determines that this contract requires a Contracting Officer Representative (COR).The Contracting Officer Representative (COR) is:

TBD at time of award

(c) Upon award, the COR will receive a copy of the written designation, specifying the extent of the COR’s authority on behalf of the CO.

(d) Limitations. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. Any contractor request for changes shall be referred to the CO directly or through the COR. No such changes shall be made without the express written prior authorization of the CO.

GSU-09 UNAUTHORIZED COMMITMENTS SEP 2023

(a) Definitions.

Contracting Officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determination and findings.

Ratification means the act of approving an unauthorized commitment by an official who has the authority to do so.

Unauthorized Commitment (UAC) means 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.

(b) Policy.

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.

(c) Procedures.

Any agreement, modification, or change to a contractual agreement made by a government personnel who lack authority will be deemed an unauthorized commitment. The Government is not liable to the Contractor or under the terms of the contract, financially or otherwise – unless the unauthorized commitment successfully passes the ratification process.

The ratification process does not have any lead time, nor does the Government make any promise that an unauthorized commitment will be ratified and, therefore, the Contractor would be paid. The Contractor proceeds at its own risk if any of the terms of the contract are altered, changed, or modified without the written concurrence by a Contracting Officer.

GSU-10 CONTRACTOR PERFORMANCE ASSESSMENT SEP 2023

(a) Policy. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order.

Past performance information shall be entered into CPARS, the Government-wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/.

(b) Applicability. The contracting office will evaluate and document contractor performance for the following types of actions:

(1) Contracts and orders for supplies or services that exceed the simplified acquisition threshold;

http://www.cpars.gov/

(2) Construction contracts that exceed $750,000;

(3) Architect-engineer services contracts of $35,000 or more;

(4) Any contract action in (b)(1), (b)(2), or (b)(3) less than the aforementioned thresholds but a modification increases their value to exceed the thresholds; and

(5) Any termination for default for construction or architect-engineer services regardless of value.

(c) Procedures.

(1) The contracting office shall –

a. Assign responsibility and management accountability for the completeness of past performance submissions.

b. Generally provide for input to the evaluations from the technical office, contracting office, program management office, and where appropriate, quality assurance and end users of the product or service;

c. Identify and assign past performance evaluation roles and responsibilities to those individuals responsible for preparing and reviewing interim evaluations, if prepared, and final evaluations (e.g., contracting officers, contracting officer representatives, project managers, and program managers). Those individuals identified may obtain information for the evaluation of performance from the program office, administrative contracting office, audit office, end users of the product or service, and any other technical or business advisor, as appropriate; and

d. Address management controls and appropriate management reviews of past performance evaluations, to include accountability for documenting past performance on CPARS.

(2) The evaluation should include a clear, non-technical description of the principal purpose of the contract or order. The evaluation should reflect how the contractor performed. The evaluation should include clear relevant information that accurately depicts the contractor’s performance, and be based on objective facts supported by program and contract or order performance data. The evaluations should be tailored to the contract type, size, content, and complexity of the contractual requirements.

(3) Evaluation factors for each assessment shall include, at a minimum, the following:

(a) Technical (quality of product or service).

(b) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

(c) Schedule/timeliness.

(d) Management or business relations.

(e) Small business subcontracting, including reduced or untimely payments to small business subcontractors when FAR 19.702(a) requires a subcontracting plan.

(e) Other (as applicable) (e.g., trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments, and failure to comply with limitations on subcontracting).

Offers are due:

DATE: November 01, 2024

TIME: 5:00PM MST

LOCATION: Submit quotes via email to Whitney Shorty @ whitney.shorty@ihs.gov

For additional information or questions about the solicitation, contact Whitney Shorty at 928-674-7489, whitney.shorty@ihs.gov

LIST OF ATTACHMENTS

-Performance Work Statement No. CSU-24-01 ER dated May 02, 2024 -IHS IEE Representation Form

DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and punishable under 18 U.S.C. 1001.

False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

IHS IEE Representation Form