CHINLE: Non-Personal Service for Pharmacist Healthcare Providers (7)
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 announcem... 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. IHS1505561is issued as a request for quotation (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 Indian Small Business Economic Enterprise under North American Industry Classification System (NAICS) code 561320 Temporary Health Services with an associated small business size standard of $34. SCHEDULE OF ITEMS CLIN NO. Description QTY Unit Price Extended Price 1 Base Period 10/01/2025 to 12/31/2025 Pharmacist Services: All-inclusive Regular / Overtime / Call-back 520 Hours 2 1st Option Period 01/01/2026 to 03/31/2026 Pharmacist Services: All-inclusive Regular / Overtime / Call-back 520 Hours 3 2nd Option Period 04/01/2026 to 06/30/2026 Pharmacist Services: All-inclusive Regular / Overtime / Call-back 520 Hours 4 3rd Option Period 07/01/2026 to 09/30/2026 Pharmacist Services: All-inclusive Regular / Overtime / Call-back 520 Hours TOTAL This combined synopsis/solicitation notice is a request for quote for Non-Personal Service Contracts for a Contractor to provide Pharmacist healthcare providers to Chinle Comprehensive Health Care Facility, Chinle Service Unit, 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. This requirement is for seven (7) positions. PWS is included as an attachment: PWS No. CSU-25-RPh, 13 October 2024. The period of performance 10/01/2025 – 09/30/2026 include option periods: OPTION PERIODS: -Base Period 10/01/2025 to 12/31/2025 -1st Option Period 01/01/2026 to 03/31/2026 -2nd Option Period 04/01/2026 to 06/30/2026 -3rd Option Period 07/01/2026 to 09/30/2026 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. Provide a completed IHS IEE Representation Form attachment. Sub-paragraph (b) is replaced in its entirety by the following: (b) Submission of quotes. All quotes must include the following information and be submitted via email to the Contracting Officer (CO): Tilda Nez, Contract Specialist, 928-674-7474, tilda.nez@ihs.gov before the exact date and time specified in this solicitation. Volume 1 – Label “Administrative Documents.” Provide a completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically). Provide a completed IHS IEE Representation Form attachment. (Include if ISBEE/IEE set-aside). Quotes that fail to provide required administrative documents or reject the Terms and Conditions of the solicitation may be excluded from consideration. Volume 2 – Label “Technical Proposal” The quoter shall provide the following information: Technical Capability of Vendor: Provide a response to how the quoter will respond to staff shortages / absenteeism / replacement in providing candidates. Provide evidence quoter 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. 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. Quoter must provide the following: Candidate’s Licenses/Certifications/Detailed Experience - Refer to Performance Work Statement. NOTE: The Government will not be interviewing candidates. Candidate's Malpractice Provide malpractice information, derogatory actions on medical boards, and/or legal/criminal actions if applicable. If none, then state none. Volume 3 – Label “Past Performance of Vendor.” Provide 3-5 Contractor’s Performance Assessment Reporting System (CPARS) reports prior contracts of the same discipline requested herein of comparable size and complexity within the past 5 years. Additionally, for each contract identified the quoter 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 quoter has no CPARs, then quoter will be rated neutral. Quoters who provide CPARs will be weighted and considered NO PRICING INFORMATION SHALL BE INCLUDED IN VOLUMES 2 or 3. Volume 4 – Label “Price.” Quoters shall provide detailed pricing aligned with the technical approach on Schedule of Items. Include a narrative that supports the pricing and indicate any discount terms. In addition, include a breakdown of the hourly rate pricing showing the amount paid to key personnel, fringe, benefits, taxes, overhead and profit to demonstrate how the final hourly rate was calculated. All prices, base and option CLINs, must be quoted or the quote may not be considered. Submission Format: All Documentation must be in PDF format. Failure to follow instructions and/or to provide required information may render proposal nonresponsive or unacceptable, and will be removed from award consideration. Each volume must be submitted as a separate file with clear labeling (e.g., Volume I “Administrative Documents, etc.) The email subject line should reference the solicitation number and quoter name. Questions and Answers (Q&A) Period: The due date for all questions associated with this solicitation is (10) days before of offer due date. Questions requesting changes to solicitation/contract requirements will be considered only when supported by specific reasoning about how the change would increase competition/benefit the Government. 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 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: Past Performance of Vendor Technical Capability of Vendor Qualification Requirements of Candidates Price Past Performance, 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. Failure to follow instructions and/or to provide required information may render proposal nonresponsive or unacceptable, and will be removed from award consideration. (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. 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 52.233-2 SERVICE OF PROTEST SEPT 2006 (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Tanya Begay, email address: Tanya.Begay2@ihs.gov, mailing address: Chinle Comprehensive Health Care Facility, PO Drawer PH, Hiway 191 Hospital Drive, Chinle, Arizona 86503. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) The following Department of Health and Human Services Acquisition Regulation provisions also apply: 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 (MAY 2024), Alternative 1 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: Clause No. Clause Name Clause Date 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Oct 2018) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) 52.219-8 Utilization of Small Business Concerns. (Jan 2025) 52.219-9 Small Business Subcontracting Plan. (Jan 2025) 52.219-16 Liquidated Damages-Subcontracting Plan. (Sep 2021) 52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025) 52.242-5 Payments to Small Business Subcontractors. (Jan 2017) 52.222-3 Convict Labor (Jun 2003) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) 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) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.224-3 Privacy Training (Jan 2017) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) 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 (Oct 2018) 52.239-1, Privacy or Security Safeguards (Aug 1996) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) The following Federal Acquisition Regulation clauses also apply: 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020 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 52.252-2 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 before 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 before contract expires; 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: $1,000,000.00 per occurrence’ $3,000,000.00 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: 352.203-70 ANTI-LOBBYING DEC 2015 352.208-70 PRINTING AND DUPLICATION DEC 2015 352.211-3 PAPERWORK REDUCTION ACT DEC 2015 352.237-70 PRO-CHILDREN ACT DEC 2015 352.224-70 PRIVACY ACT DEC 2015 352.224-71 CONFIDENTIAL INFORMATION DEC 2015 352.226-2 INDIAN PREFERENCE PROGRAM 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 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. (End of clause) 352.226-1 INDIAN PREFERENCE MAR 2025 (DEVIATION) (a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph. (b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee. (c) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses. (d) As used in this clause, (1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe. (2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians. (3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451). (4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise. (e) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract. (f) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract. (End of clause) 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 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. 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. 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. 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-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. (End of clause) 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. (End of clause) NAIHS-ACQ-03 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-04 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: PeteTrina Sells, Administrative Support Assistant, telephone number: 928-725-7001, email address: Petetrina.Sells@ihs.gov (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-05 UNAUTHORIZED COMMITMENTS SEP 2023 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. 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. 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...
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