Updated Combined Synopsis-Solicitation_NNMC_OBGYN Physicians.pdf
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- Solicitation number
- 75H71026Q00182
About this file
This is a Request for Quotation (RFQ) for Non-Personal Healthcare Services issued by Northern Navajo Medical Center, solicitation number 75H71026Q00182. The acquisition seeks Two (2) Non-Personal Healthcare Services for OB/GYN Physicians in the OB/GYN department, classified under NAICS 561320 (Temporary Help Services). This is an Indian Small Business Economic Enterprise (ISBEE) set-aside, limiting competition to qualified ISBEE entities. The requirement consists of 1,040 hours per physician across a base period of six months and four six-month option periods (CLINs 1-5), with all base and option prices required for quote consideration. Quotations are due by 3:00 p.m. MST on Tuesday, June 23, 2026, submitted electronically in PDF format organized in three separate volumes: Volume 1 (Administrative Documents including signed SF-1449, representations and certifications, and IEE Representation Form), Volume 2 (Technical Capability and Approach demonstrating ability to meet PWS requirements, including key personnel qualifications, resumes, certifications, liability insurance proof, project schedule, and key personnel retention plan), and Volume 3 (detailed pricing with budget narrative and hourly rate breakdown showing compensation, fringe benefits, taxes, overhead, and profit). The government will evaluate offers based on Technical Capability and Approach, Capability to meet Period of Performance Schedule, and Price, with options evaluated by adding total option prices to the base requirement total.
The contract requires non-personal health care services under FAR 37.401, with the contractor operating as an independent contractor. Key requirements include medical liability insurance of $1,000,000 per claim and $3,000,000 aggregate (non-negotiable), proof of insurability prior to award, and background investigation/security clearance for facility access with REAL ID Act compliance required as of May 7, 2025. The contractor must maintain key personnel for the entire performance period to avoid service interruptions and comply with limitations on subcontracting, maintaining at least 50 percent of service work in-house. Additional mandatory requirements include completion of Indian Health Manual Part 3, Chapter 20 training within 30 days of onboarding, HIPAA compliance as a Business Associate per Attachment B, contractor performance evaluation reporting to CPARS, and strict prohibition on tobacco use at IHS facilities except for designated ceremonial purposes. Matthew Atcitty, Purchasing Agent, serves as the point of contact for solicitation questions (matthew.atcitty@ihs.gov), with protest service directed to Michelle James (michelle.james@ihs.gov).
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Other files
| File | Type | Posted |
|---|---|---|
| IHS IEE Representation Form_Jan 2022_508 Compliant.pdf | ||
| 3. Updated PWS_OBGYN.pdf | ||
| Sol_75H71026Q00182.pdf |
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Text version
Rev. 04/29/2026
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Part 12. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued.
Solicitation no. 75H71026Q00182 is issued as a request for quotation (RFQ) for Two (2) Non-Personal Healthcare Services for OB/GYN Physicians in the OB/GYN department at Northern Navajo Medical Center. The North American Industry Classification System (NAICS) is 561320 – Temporary Help Services.
This acquisition is an Indian Small Business Economic Enterprise (ISBEE) set-aside, this solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and www.acquisition.gov/hhsar.
SCHEDULE OF ITEMS
CLIN NO. Description Qty Per
NPSC
Physician
Unit Price Extended Price
1 (2) NPSC OB/GYN Physician Services for the OB/GYN Department - Base
1040 Hrs
2 (2) NPSC OB/GYN Physician Services for the OB/GYN Department – Option Period 1
1040 Hrs
3 (2) NPSC OB/GYN Physician Services for the OB/GYN Department – Option Period 2
1040 Hrs
4 (2) NPSC OB/GYN Physician Services for the OB/GYN Department – Option Period 3
1040 Hrs
5 (2) NPSC OB/GYN Physician Services for the OB/GYN Department – Option Period 4
1040 Hrs
TOTAL
Performance Work Statement (PWS) is included as an attachment.
The period of performance for this requirement is a Base Period of 6 continuous months, followed by 4 Option Periods of 6 months each.
The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. Addenda are included.
The following additional submission requirements will be added as an addendum to 52.212-1(a) Submission to Offers:
Volume 1 – Label “Administrative Documents.” Signed and dated SF-1449 and all associated SF-30 amendments, if any. A completed copy of representations and certifications to Revolutionary FAR Overhaul (RFO) 52.212-1(a)(5) for those representations and certifications http://www.acquisition.gov/ http://www.acquisition.gov/hhsar that the quoter shall complete electronically. Completion and signed copy of IEE Representation Form is a requirement for Volume 1, as the solicitation is an ISBEE set-aside.
Volume 2 – Label “Technical Capability and Approach.” The offeror shall demonstrate its ability to meet or exceed the requirements outlined in the Performance Work Statement (PWS).
The offeror shall provide the following information:
• A clear, detailed approach that outlines how the requirements of PWS will be met.
• Identify key personnel and demonstrate how they meet the qualifications stated in the
PWS.
• Resumes, certifications, and any other relevant documentation for all proposed key personnel. Proof of liability insurance coverage.
• Submit a proposed project schedule, ensuring alignment with the government’s required
Period of Performance.
• Provide a narrative plan of how Key Personnel will be retained at all times for the performance period of the requirements including if any or all options are exercised, as unreasonably long gaps between Key Personnel placement cause critical interruptions to service.
NO PRICING INFORMATION SHALL BE INCLUDED IN VOLUME II.
Volume 3 – Label “Price.” Offerors shall provide detailed pricing aligned with the technical approach. Pricing shall include a budget narrative explaining the prices/costs for each major or key task and a breakdown of the hourly rate pricing showing the amount paid to key personnel, fringe benefits, taxes, overhead and profit to demonstrate how the hourly rate was calculated. All prices, base and option CLINs, must be quoted or the quote may not be considered. Submit one
(1) copy.
Submission Format:
• All documents must be submitted in PDF format.
• Each Volume must be submitted as a separate file with clear labeled (e.g., Volume I
“Administrative Documents”, etc.)
• The email subject line should reference the solicitation number and offeror name.
***Failure to adhere to these instructions may result in the rejection of the quote and be marked “Unresponsive” ***
The provision at 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. The following factors shall be used to evaluate offers:
(a) Evaluation factors. The Government will award a contract 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 will be used to evaluate offers:
• Technical Capability and Approach o A detailed approach that outlines how the government’s requirement, as defined in
“Attachment A – Performance Work Statement” will be met.
o Identify key personnel and demonstrate how they meet the qualifications stated in the PWS, Section 6, Contractor Qualification Requirements – Include resumes, certifications, licensure, and any other relevant documentation for all proposed key personnel.
• Capability to meet the Period of Performance Schedule
• Price
(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer 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.
(End of provision)
The following Federal Acquisition Regulation provisions also apply:
☒ 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS
SEP 2024
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS-REPRESENTATION
JAN 2017
☒ 52.204-7
SYSTEM FOR AWARD MANAGEMENT - REGISTRATION
NOV 2025
(DEVIATION)
☐ 52.204-7 Alt I
SYSTEM FOR AWARD MANAGEMENT—REGISTRATION, WITH
ALTERNATE I
NOV 2025
(DEVIATION)
52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND
SMALL BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES
(MULTIPLE-AWARD CONTRACTS)
AUG 2024
☐ 52.209-12 CERTIFICATION REGARDING TAX MATTERS OCT 2025
☐ 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS –
COMMERCIAL ACQUISITION
NOV 2021
☐ 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL
BUSINESS CONCERNS
NOV 2025
(DEVIATION)
☐ 52.219-31 NOTICE OF SMALL BUSINESS RESERVE MAR 2020
☐ 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR
LISTED END PRODUCTS
FEB 2021
52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR
STANDARDS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF
CERTAIN EQUIPMENT–CERTIFICATION
MAY 2014
☐ 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR
STANDARDS FOR CERTAIN SERVICES-CERTIFICATION
MAY 2014
☐ 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE
PLAN
OCT 2020
☐ 52.223-1
BIOBASED PRODUCT CERTIFICATION
MAY 2024
☐ 52.223-4
RECOVERED MATERIAL CERTIFICATION
MAY 2008
☐ 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND
REPRESENTATION
AUG 2025
(DEVIATION)
☒ 52.237-1
SITE VISIT
APR 1984
☒ 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND
CERTIFICATIONS
NOV 2025
(DEVIATION)
52.209-2 PROHIBITION ON CONTRACTING WITH
INVERTED DOMESTIC CORPORATIONS –
REPRESENTATION
(a) Definitions. As used in this clause—
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It □ is, □ is not an inverted domestic corporation; and
(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY
MATTERS
(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; and
(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. Federal taxes are considered delinquent if both of the following criteria apply:
(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(2) 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.
(ii) The Offeror has □ has not □, within a 3-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).
(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 Government will consider the certification 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 nonresponsible.
(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-11 REPRESENTATION BY CORPORATIONS
REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL
LAW
(a) The Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.233-2 SERVICE OF PROTEST NOV 2025
(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.
Michelle James, michelle.james@ihs.gov
(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE
FEB 1998
This solicitation incorporates one or more solicitation provisions by reference, 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Revolutionary FAR Overhaul - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV
Federal Acquisition Regulation - https://www.acquisition.gov/browse/index/far
Department of Health and Human Services Acquisition Regulation – https://www.acquisition.gov/hhsar
(End of Provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS NOV 2020
(a)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b)The use in this solicitation of any Department of Health and Human Services (48 CFR Chapter 3) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Provision) mailto:michelle.james@ihs.gov https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar
The following Department of Health and Human Services Acquisition Regulation provisions also apply:
☐ 352.219-70 MENTOR-PROTÉGÉ PROGRAM DEC 2015
☐ 352.223-71 INSTRUCTIONS TO OFFERORS – SUSTAINABLE ACQUISITION DEC 2015
☒ 352.226-4 NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET
ASIDE
MAR 2022
☐ 352.226-5 NOTICE OF INDIAN ECONOMIC ENTERPRISE SET ASIDE MAR 2022
☒ 352.226-7 INDIAN ECONOMIC ENTERPRISE REPRESENTATION MAR 2022
☐ 352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
NOTICE
DEC 2015
The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2025)(DEVIATION), applies to this acquisition. Addenda are not included.
The following Federal Acquisition Regulation clauses also apply:
☒ 52.203-3 GRATUITIES APR 1984
☒ 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT Alt I
NOV 2021
☒ 52.203-12 LIMITATION OF PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
JUN 2020
☐ 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT NOV 2021
☒ 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020
☒ 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
☒ 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS
JAN 2017
☒ 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011
☒ 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE NOV 2025
(DEVIATION)
☒ 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS NOV 2025
(DEVIATION)
☐ 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-
DELIVERY CONTRACTS
NOV 2025
(DEVIATION)
☐ 52.204-91 CONTRACTOR IDENTIFICATION NOV 2025
☒ 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT
NOV 2025
(DEVIATION)
☒ 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS
NOV 2025
(DEVIATION)
☒ 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS
NOV 2025
(DEVIATION)
☐ 52.213-1 RESERVED
☐ 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD NOV 2025
(DEVIATION)
☐ 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2025
(DEVIATION)
☐ 52.219-6 Alt I
NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE, WITH ALTERNATE I NOV 2025
(DEVIATION)
☐ 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE NOV 2020
☐ 52.219-7 Alt I
NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE, WITH ALTERNATE I MAR 2020
☒ 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS NOV 2025
(DEVIATION)
☐ 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN NOV 2025
(DEVIATION)
☐ 52.219-9 Alt I
SMALL BUSINESS SUBCONTRACTING PLAN, WITH ALTERNATE I NOV 2025
(DEVIATION)
☐ 52.219-9 Alt II
SMALL BUSINESS SUBCONTRACTING PLAN, WITH ALTERNATE II NOV 2025
(DEVIATION)
☐ 52.219-9 Alt III
SMALL BUSINESS SUBCONTRACTING PLAN, WITH ALTERNATE III NOV 2025
(DEVIATION)
☐ 52.219-9 Alt IV
SMALL BUSINESS SUBCONTRACTING PLAN, WITH ALTERNATE IV NOV 2025
(DEVIATION)
☐ 52.219-13 NOTICE OF SET-ASIDE OF ORDERS MAR 2020
☐ 52.219-13 Alt I
RESERVED
☐ 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN NOV 2025
(DEVIATION)
☐ 52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS
ELIGIBLE UNDER THE SDVOSB PROGRAM
NOV 2025
(DEVIATION)
☒ 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION NOV 2025
(DEVIATION)
☐ 52.219-28 Alt I
POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION, WITH
ALTERNATE I
NOV 2025
(DEVIATION)
☐ 52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO,
ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS
CONCERNS
NOV 2025
(DEVIATION)
☐ 52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, WOMEN-
OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-
OWNED SMALL BUSINESS PROGRAM
☐ 52.219-33 NONMANUFACTURER RULE NOV 2025
(DEVIATION)
☒ 52.222-3 CONVICT LABOR NOV 2025
(DEVIATION)
☐ 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES NOV 2025
(DEVIATION)
☒ 52.222-35 EQUAL OPPORTUNITY FOR VETERANS NOV 2025
(DEVIATION)
☒ 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES NOV 2025
(DEVIATION)
☐ 52.222-36
ALT I
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES, WITH
ALTERNATE I
JUL 2014
☒ 52.222-37 EMPLOYMENT REPORTS ON VETERANS NOV 2025
(DEVIATION)
☒ 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT
NOV 2025
(DEVIATION)
☐ 52.222-41 SERVICE CONTRACT LABOR STANDARDS NOV 2025
(DEVIATION)
☐ 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR
STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS)
NOV 2025
(DEVIATION)
☐ 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR
STANDARDS-PRICE ADJUSTMENT
NOV 2025
(DEVIATION)
☒ 52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2025
(DEVIATION)
☐ 52.222-50 Alt I
COMBATING TRAFFICKING IN PERSONS NOV 2025
(DEVIATION)
☐ 52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR
STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR
REPAIR OF CERTAIN EQUIPMENT—REQUIREMENTS
NOV 2025
(DEVIATION)
☐ 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR
STANDARDS TO CONTRACTS FOR CERTAIN SERVICES—
REQUIREMENTS
NOV 2025
(DEVIATION)
☒ 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION NOV 2025
(DEVIATION)
☐ 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE
ORDER 14026
NOV 2025
(DEVIATION)
☐ 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 NOV 2025
(DEVIATION)
☒ 52.222-90 ADDRESSING DEI DISCIMINATION BY FEDERAL CONTRACTORS APR 2026
(DEVIATION)
☐ 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS
NOV 2025
(DEVIATION)
☒ 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2024
☐ 52.223-11 OZONE-DEPLETING SUBSTANCES NOV 2025
(DEVIATION)
☐ 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION
EQUIPMENT AND AIR CONDITIONERS
☐ 52.223-23 SUSTAINABLE PRODUCTS NOV 2025
(DEVIATION)
☒ 52.224-1 PRIVACY ACT NOTIFICATION APR 1984
☒ 52.224-2 PRIVACY ACT APR 1984
☒ 52.224-3 PRIVACY TRAINING JAN 2017
☐ 52.224-3
ALT I
PRIVACY TRAINING, WITH ALTERNATE I JAN 2017
☐ 52.225-1 BUY AMERICAN-SUPPLIES NOV 2025
(DEVIATION)
☐ 52.225-1 Alt I
BUY AMERICAN-SUPPLIES, WITH ALTERNATE I OCT 2022
☐ 52.225-3 BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT NOV 2025
(DEVIATION)
52.225-3
ALT I
RESERVED
☐ 52.225-3 Alt II
BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT,
WITH ALTERNATE II
NOV 2025
(DEVIATION)
☐ 52.225-3 Alt III
BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT,
WITH ALTERNATE III
NOV 2025
(DEVIATION)
☐ 52.225-3 Alt IV
BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT,
WITH ALTERNATE IV
NOV 2025
(DEVIATION)
☐ 52.225-5 TRADE AGREEMENTS NOV 2023
☐ 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT
FEB 2000
☐ 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR
SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE
UNITED STATES
MAY 2020
☐ 52.225-26 CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS
OUTSIDE THE UNITED STATES
OCT 2016
☐ 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED
ECONOMIC ENTERPRISES
NOV 2025
(DEVIATION)
☐ 52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR
EMERGENCY AREA
NOV 2025
(DEVIATION)
☐ 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT
ORGANIZATIONS
NOV 2025
(DEVIATION)
☐ 52.226-7 DRUG-FREE WORKPLACE MAY 2024
☒ 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING
MAY 2024
☐ 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS AUG 2025
(DEVIATION)
☒ 52.232-18 AVAILABILITY OF FUNDS APR 1984
☐ 52.232-29 TERMS FOR FINANCING OF COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
NOV 2021
☐ 52.232-30 INSTALLMENT PAYMENTS OF COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
NOV 2021
☒ 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT
OCT 2018
☐ 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM
FOR AWARD MANAGEMENT
JUL 2013
☐ 52.232-36 PAYMENT BY THIRD PARTY NOV 2025
(DEVIATION)
☒ 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS
MAR 2023
☐ 52.232-90 FAST PAYMENT PROCEDURE NOV 2025
(DEVIATION)
☒ 52.233-3 PROTEST AFTER AWARD NOV 2025
(DEVIATION)
☒ 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM NOV 2025
(DEVIATION)
☒ 52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND
VEGETATION
APR 1984
☒ 52.237-3 CONTINUITY OF SERVICES JAN 1991
☒ 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS NOV 2025
(DEVIATION)
☐ 52.240-91 Alt I
SECURITY PROHIBITIONS AND EXCLUSIONS, WITH ALTERNATE I NOV 2025
(DEVIATION)
☐ 52.240-92 SECURITY REQUIREMENTS NOV 2025
(DEVIATION)
☐ 52.240-92 Alt II
SECURITY REQUIREMENTS WITH ALTERNATE II NOV 2025
(DEVIATION)
☐ 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION
SYSTEMS
NOV 2025
(DEVIATION)
☐ 52.242-5 PAYMENTS TO SMAL BUSINESS SUBCONTRACTORS JAN 2017
☒ 52.242-13 BANKRUPTCY JUL 1995
☐ 52.244-2 SUBCONTRACTS JUN 2020
☒ 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
NOV 2025
(DEVIATION)
☒ 52.245-1 GOVERNMENT PROPERTY SEP 2021
☐ 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES APR 2012
☒ 52.245-9 USE AND CHARGES APR 2012
☐ 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL
VESSELS
NOV 2025
(DEVIATION)
☐ 52.247-64 Alt I
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL
VESSELS, WITH ALTERNATE I
APR 2003
☐ 52.247-64 Alt II
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL
VESSELS, WITH ALTERNATE II
NOV 2021
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 the contract expires.
(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 before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 30 months.
(End of clause)
52.219-14 LIMITATIONS ON SUBCONTRACTING NOV 2025
(DEVIATION)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with section 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—
☒ By the end of the base term of the contract and then by the end of each subsequent option period; or
☐ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of Clause)
52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY
INSURANCE
(a)It is expressly agreed and understood that this is a non-personal services contract 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: $1,000,000.00 per claim; $3,000,000.00 aggregate. These values are non-negotiable.
(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)
52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998
This contract incorporates one or more clauses by reference, 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
Revolutionary FAR Overhaul - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV
Federal Acquisition Regulation - https://www.acquisition.gov/browse/index/far
Department of Health and Human Services Acquisition Regulation – https://www.acquisition.gov/hhsar
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 2020
(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b)The use in this solicitation or contract of any Department of Health and Human Services (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
The following Department of Health and Human Services Acquisition Regulation clauses also apply:
☒ 352.203-70 ANTI-LOBBYING DEC 2015
☒ 352.208-70 PRINTING AND DUPLICATION DEC 2015
☒ 352.211-3 PAPERWORK REDUCTION ACT DEC 2015
☐ 352.219-71 MENTOR-PROTÉGÉ PROGRAM REPORTING REQUIREMENTS JAN 2010
☒ 352.223-70 SAFETY AND HEALTH DEC 2015
☒ 352.224-70 PRIVACY ACT DEC 2015
☒ 352.226-6 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING
LIMITATIONS
MAR 2022
☐ 352.227-70 PUBLICATIONS AND PUBLICITY DEC 2015
☐ 352.231-70 SALARY RATE LIMITATION DEC 2015
☒ 352.237-70 PRO-CHILDREN ACT DEC 2015
☒ 352.237-71 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-overhaul/far-part-deviation-guide https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar
352.224-71 CONFIDENTIAL INFORMATION DEC 2015
(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.
(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.
(c) Confidential Information or records shall not be disclosed by the Contractor until:
(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.
(2) For information provided by or on behalf of the government,
(i) The publication or dissemination of the following types of information are restricted under this contract: include information protected under the Privacy Act of 1974, and the Health Insurance Portability and Accountability Act of 1996 among others.
(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: National Security, Internal Agency Rules, Statutory Exemption, Confidential Business Information, Personal Privacy, Law Enforcement, etc.
(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.
(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.
(End of Clause)
352.232-71 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS
APR 2026
(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 in FAR 32.905(b) and the applicable payment clause included in this contract.
(b) Submission instructions. Except as provided in paragraph (c) of this clause, the Contractor must 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.
http://www.ipp.gov/
(c) Alternate submission procedures. The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.
(d) Submission of alternate payment procedures authorization. If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
352.237-75 KEY PERSONNEL DEC 2015
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
Name: TBD Available Service Dates: TBD Agreed-upon Absence Date(s): TBD
(End of clause)
The following local Indian Health Service, Navajo Area terms also apply:
NAIHS-ACQ-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.
NAIHS-ACQ-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.
NAIHS-ACQ-03 ON-CALL OR STAND-BY SERVICES DEC 2020
One (1) qualified, security-cleared personnel in accordance with the technical requirements of the contract will be assigned to standby duty each week during the contract’s period of performance. Standby duty consists of a qualified personnel within reach of a telephone or pager so that an employee on standby may be notified to report for work in cases of emergency outside of regularly-scheduled working hours. Standby duty does not require any interruption of personnel’s normal life except to the extent of making arrangements so that the personnel can be reached by telephone or pager within a reasonable driving time from the place the employee normally reports for work. The standby personnel is expected to report to work within thirty (3) minutes from the time the personnel was notified.
(End of Clause)
NAIHS-ACQ-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)
NAIHS-ACQ-08 CONTRACTING OFFICER’S REPRESENTATIVE NOV 2025
(a) Definition. “Contracting Officer’s Representative (COR)” means an individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) Per FAR Subpart 1.404(a): The Contracting Officer (CO) determines that this contract requires a Contracting Officer Representative (COR).The Contracting Officer Representative (COR) is:
Charlotte Francis-Castillo, Health System Specialist, COR Level II
(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.
(1) The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.
(2) The COR must not direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions.
NAIHS-ACQ-09 UNAUTHORIZED COMMITMENTS NOV 2025
(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 1.403-2). 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 NOV 2025
(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/.
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 $900,000;
(3) Architect-engineer services contracts of $45,000 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,…
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