Tab 12 - Combined Synopsis-Solicitation - PSC Contract Support Services.pdf

Rev. 02/25/2025

COMBINED SYNOPSIS/SOLICITATION

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. 75H71025Q00152 is issued as a request for quotations (RFQ).

The solicitation document incorporates provisions and clauses that are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025.

The solicitation is a total Indian-owned, small business, economic enterprise (ISBEE) set aside under North American Industry Classification System (NAICS) code 541611 with an associated small business size standard of $24.5M.

SCHEDULE OF ITEMS

CLIN NO. Description Quantity Unit Price Extended Price

001 (base) Contract support services in accordance with the Performance Work Statement (PWS)

(NTE)

HR

002 (option) Contract support services in accordance with the Performance Work Statement (PWS)

(NTE)

HR

Multiple awards may be made.

Location may vary:

Window Rock, AZ Gallup, NM

TOTAL

The full description of the requirement is in the attached PWS.

The period of performance is as follows:

Base Period – Six (6) months from time of award Option Period – Six (6) months from end of the Award Base Period

The total period of performance is 12 months, if all options are exercised.

The type of contract is labor hour with a not-to-exceed (NTE) of 1040 hours for each performance period.

The NTE hours may be re-negotiated by mutual agreement and in accordance with the clause at 52.212-4 (Alt I) (NOV 2021).

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

Addendum to 52.212-1: Paragraph (b)(4) is replaced in its entirety as “A submission of resume or curriculum vita that clearly demonstrates technical capability and experience of the Key Personnel being submitted for award consideration. Other types of documentation in support of technical capability and experience may also include federal contracting certification, writing samples, etc. If copies of professional documents are submitted, ensure that the documents are properly redacted and/or labeled as “Proprietary” or “Do not Disclose without Permission.” A completed IHS IEE Representation Form must also be included in the quote package.

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: (1) Technical capability, and (2) Price. Refer to 52.212-1 and its addendum for quote submission instructions.

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)

[DEVIATION FEB 2025].

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

52.252-1

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:

352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY NOTICE

DEC 2015

52.226-7 INDIAN ECONOMIC ENTERPRISE

REPRESENTATION

MAR 2022

(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.

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

(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 (ALT I)(NOV 2021), applies to this acquisition. Addenda are not included.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025)[DEVIATION FEB 2025] applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition. Be advised that additional terms may be inserted at time of award.

Clause No. Clause Name Clause Date 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-10 Reporting Executive Compensation… JUN 2020 52.204-27 Prohibition on ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government’s Interest When Subcontracting… JAN 2025 52.222-3 Convict Labor JUN 2003 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.240-1 Prohibition on Unmanned Aircraft Systems… NOV 2024

The following Federal Acquisition Regulation clauses also apply:

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

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

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.252-2

CLAUSES INCORPORATED BY REFERENCE

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

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 within 7 days of contract expiration.

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

(End of clause)

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 24 hours of contract expiration, 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.

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

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.226-1 INDIAN PREFERENCE 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.

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:

NAIHS-ACQ-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 COR is:

Mitzie Begay, Contracting Officer’s Representative, FAC-COR III

(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.

(End of Clause)

NAIHS-ACQ-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 http://www.ipp.gov/ 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) Procedure.

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.

NAIHS-ACQ-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;

(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 http://www.cpars.gov/ 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).

NAIHS-ACQ-12 PERSONAL SERVICES CONTRACT APR 2025

(a) Beginning in Fiscal Year 1995, it is the policy of the Department of Health and Human Services that when resources are not sufficient to support the mission of the agency, personal services contracts authorized by the administrative provisions of P.L. 103-332 may be executed.

(b) Under P.L. 103-332, the Indian Health Service (IHS) enters into a contract for personal services with either individuals or organizations for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the IHS. This supplements the general policy and procedures prescribed in the Federal Acquisition Regulation (FAR) Subpart 37.1, and the Department of Health and Human Services Acquisition Regulation (HHSAR) Subpart 337.1.

(c) It is the purpose of personal services contracts to:

(1) Facilitate accomplishment of the IHS mission;

(2) Maximize beneficiary access to IHS facilities;

(3) Enhance quality of care by promoting the continuity of the patient/provider relationship; and

(4) Ensure adequate services for facilities under construction.

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

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

NAIHS-ACQ-14 FEDERAL TAXATION REQUIREMENTS -

PERSONAL SERVICES

APR 2025

(a) Federal Income Tax Requirements. Under a personal services contract, it is the sole responsibility of the individuals or organizations to ensure that Federal income tax requirements are met. Each year, taxes are due by the filing deadline of April 15 unless changed or extended regardless of filing status.

(b) Filing Status. Individuals, including sole proprietors, partners, and S corporation shareholders, generally have to make estimated tax payments if they expect to owe tax of $1,000 or more when their return is filed. Corporations generally have to make estimated tax payments if they expect to owe tax of $500 or more when their return is filed.

(c) Estimated Tax. For estimated tax purposes, the year is divided into four payment periods.

(1) Self-employed individuals whose income taxes are not withheld by the Indian Health Service will need to make quarterly estimated tax payments.

(2) Estimated tax payments may be made with Form 1040-ES by mail, phone, online, or mobile device.

For more information on how to pay estimated taxes, go to IRS.gov.

(d) Reporting Requirements. The personal services contractor MUST provide evidence of estimated tax payments on a quarterly (every three full months of contract service) basis to the Contracting Officer’s Representative. Proof of payment shall be provided by submitting a redacted payment history obtained from the IRS.

(1) Failure to provide evidence of tax payments shall be subject to termination for cause.

NAIHS-ACQ-15 STATE TAXATION REQUIREMENTS -

PERSONAL SERVICES

Under a personal services contract, it is the sole responsibility of the individuals or organizations to ensure that State income tax requirements are met. Because each State has different taxation requirements, contractors are advised to consult with their State of residency and the State in which personal services contracts are performed to ensure that State income taxes are properly paid.

NAIHS-ACQ-17 VOLUNTARY SEPARATION INCENTIVE

PAYMENTS – REPAYMENT REQUIREMENT

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

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

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

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

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

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

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

(End of Clause)

Quotes are due to the contracting personnel identified below on or by:

DATE: Thursday, April 25, 2025

TIME: 2:30 MST

LOCATION: Electronic submissions to Jericho.Lewis@ihs.gov. If submitting hard copy response, send to Navajo Area Office, 272 Hwy 264, Window Rock, AZ 86515-9020.

mailto:Jericho.Lewis@ihs.gov