Warm Springs Service Unit Nurse Advice Line

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 12. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is a request to establish a purchase order request to provide non-personal service contract for a toll-free telephone Nurse Advice line for American Indian/Alaska Native (AI/AN) patients who live on or near the Warm Springs Indian Reservation, Warm Springs, Oregon.

PERFORMANCE WORK STATEMENT

1. PERIOD OF PERFORMANCE AND LOCATION:

              Period of Performance: One Year from date of award

              Warm Springs Health & Wellness Center, 1270 Kot-Num Road, Warm Springs, Oregon 97761

       2. STATEMENT OF WORK:

• The Contractor shall provide toll free telephone access for Nurse Advice and Medical Library, on 24-hour/7-days per week to the Warm Springs Service Unit. All WSH&WC active beneficiaries will have access to the Contractor’s service.
• The Contractor has defined the term “Member”, as used in this agreement as, those members and their immediate family that are beneficiaries of the WSH&WC active user population.
• The Contractor shall fax an encounter form within 24-hours to the WSH&WC staff, this fax to include all encounters. The fax shall include the caller’s name, date of birth, purpose of call and the advice provided to the patient from the Nurse Advice Line 
• The Contractor shall hold all information provided by WSH&WC and its members as confidential, and any and all such information will not be distributed to any third party, especially medical information of the members. The Contractor will take all reasonable steps necessary to safeguard the privacy of member information.
• The Contractor is not responsible for Acts of God, acts or omissions of WSH&WC or other actions beyond the control of the Contractor while performing services under this agreement.
• The Contractor’s Nurse Triage process shall utilize specialized Nurse Triage process and shall utilize specialized Microsoft-based software and interactive voice response technology to support the Schmitt/Thompson protocols in use at the Contractor’s call centers.
• The Contractor shall utilize readily available, comprehensive protocols that reflect an extensive, high-quality physician written, reviewed, and updated medical knowledge base. The guidelines shall provide consistent, accurate triage information, as well as home care and health education information, and they shall be updated continuously.
• The Contractor shall utilize appropriate software to run established guidelines that the Contractor utilizes so the call centers have access to state of the art triage supported software platform.
• When patients in need of medical assistance call the designated Contractor’s Medical Call Center, they will first hear a disclaimer stating that if they are experiencing an emergency, they should hang up and call 911 or their appropriate emergency number. Callers will then have the option of being connected to the audio health library, or speaking immediately with a Registered Nurse. If a caller chooses to speak with a nurse, the nurse will document and discuss the patient’s symptoms and recommend an appropriate course of action. These courses of action (dispositions) range from “home care procedures” to “seek emergency care”. Depending on the disposition, the Contractor’s nurses will place follow-up phone calls to assure that the caller’s condition has improved. The Contractor shall ensure that the Caller will never get a busy signal.
• Indemnity – The Contractor shall indemnify and hold WSH&WC harmless from any claim, demand, loss, lawsuit, settlement, judgment or other liability, and all related expenses, which may arise from a negligent act or omission of the Contractor, its agents or employees. WSSU shall indemnify and hold the Contractor harmless for any claim, demand, loss, lawsuit, settlement, judgment or other liability, and all related expenses which may arise from or in connection with a claim of a third party arising from a negligent actor or omission of WSH&WC, its agents or employees. Indemnity shall include damages, reasonable costs, reasonable expense, and reasonable attorney’s fees as incurred by the party indemnified. The forgoing indemnification provision shall survive the expiration or termination of this Agreement

       3. INDIAN HEALTH SERVICE RESPONSIBILITIES:To monitor the Contractor’s technical progress including surveillance and              assessment of performance and the day to day contract administration, however, does not have authority to change orders or            otherwise authorize changes, which would affect the contract price, conditions, or period of performance.

• Interpreting the Scope of Work.
• Technical evaluation as required.
• Technical inspection and acceptance required by this contract.
• Assisting the Contractor in the resolution of technical and administrative problems encountered during the performance

       4. QUALIFICATIONS:

• The Contractor shall be responsible for ensuring that all the nurses answering the advice line are licensed in accordance with regulations in the State or principal practice.
• The Contractor will demonstrate culturally sensitive interactions appropriate to the care and interactions with our American Indian/Alaska Native population.
• The Contractor shall utilize U.S. State Licensed Registered Nurses during the performance of this contract.

       5. CONTRACTING OFFICER’S  REPRESENTATIVE:

          The following individual or their designee shall serve as the Project Officer/Supervisor government representative under this              contract:

                        Name, To be provided after award

                        Warm Springs Service Unit

                        Telephone Number to be provided after award

         The COR responsibilities will be to coordinate with the provider the technical aspects of this service and the review of                         performance hereunder. The COR does not have the authority to change or alter the order amount, terms or conditions of the           contract.

        6. PAYMENT SCHEDULE:

           The Contractor shall be paid a fixed monthly amount based on the current active user populationThis an all-inclusive price                 that covers all related costs to provide services off-site.  The contract price includes full compensation for providing all                       services off-site.  For example, the contractor is responsible for applicable federal / state / local / sales and all other                applicable taxes, etc.The Government is obligated only to the extent of authorized purchases actually made and received under this requirement.

       7. INVOICING:

          Invoices shall be submitted monthly for the services rendered. The Contractor shall submit invoices electronically using the                Department of Treasury Invoice Processing Platform (IPP) pursuant to HHSAR 352.232-71 Electronic Submission of                Payment  Requests (Feb 2022). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov.

     8. ADDITIONAL TERMS & CONDITIONS:

        CONTRACTOR GOVERNMENT FURNISHED EQUIPMENT AND FACILITIES

        The Warm Springs Indian Health Center does not anticipate a need for contractor furnished equipment.

Business Associate Agreement Provided by the Contractor: This agreement form shall be signed by both parties in this contract, previous year this was signed, unless new one is required.

HIPAA REQUIREMENT

Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulation, the Standards of Privacy of individual Identifiable Health Information at 45 C.F.R. Part 160 and 164, Subpart A and E (“Privacy Rule”), the Indian Health Service is required to enter into an agreement with the Business Associate, pursuant to which the Business Associate shall comply with and appropriately safeguard Protected Health Information (“PHI”) that it will use and disclose when performing functions, activities or services (“Services”) for the Indian Health Service.  The Business Associate by signing the contract shall comply with the following terms in addition to other applicable contract terms and conditions relating to the safekeeping, use and discloser of PHI.  (See Attachment for related HIPAA material and Business Associate Agreement Clause).

BUSINESS ASSOCIATE AGREEMENT CLAUSE

Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulation, the Standards of Privacy of Individual Identifiable Health Information at 45 C.F. R Part 160 and 164, Subpart A and E ("Privacy Rule"), the Indian Health Service is required to enter into an agreement with the Business Associate, pursuant to which the Business Associate shall comply with and appropriately safeguard Protected Health Information ("PHI") that it will use and disclose when performing functions, activities or services ("Services") for the Indian Health Service. The Business Associate by signing the contract shall comply with the following terms in addition to other applicable contract terms and conditions relating to the safekeeping, use and disclosure of PHI.

Definitions

Terms used in this Agreement, but not otherwise defined, shall have the same meaning as those terms contained within the Privacy Rule.

1.         Agreement: "Agreement" shall mean this clause and any other provisions of this

Contract that are incorporated by reference;

2.          Business Associate: "Business Associate" shall mean Contractor;

3.          Covered Entity: "Covered Entity" shall mean the Indian Health Service;

4.          Designated Record Set: "Designated Record Set" shall mean (1) a group of records maintained by or for a covered entity that is: (i) the medical records and billing records about individuals maintained by or for a covered health care provider, (ii) The enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan, or, (iii) Used, in whole or in part, by or for the covered entity to make decisions about individuals. (2) For purposes of this paragraph, the term record means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for a covered entity. (45 C.F.R.  d 164.501).

5.          Individual: "Individual" shall have the same meaning as the term "individual" in

45 C.F.R. d 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. d 164.501(g);

6.          Privacy Rule: "Privacy Rule" shall mean the Standards for Privacy of Individually

Identifiable Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and E;

7.          Protected Health Information: ‘Protected Health Information" shall have the same meaning as the term "protected health information" in 45 C.F.R. d 164.501, limited to the information created or received by the Contractor from or on behalf of the IHS;

8.         Required by Law: "Required by Law" shall have the same meaning as the term "Required by law" in 45 C.F.R d 164.501.

9.         Secretary: "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his designee.

Section 1- Privacy Rule Compliance

The Business Associate agrees to comply with the Business Associate Agreement requirements under the Privacy Rule and the provisions of this Agreement throughout the term of this Agreement.  The Business Associate agrees that it will require all of its agents, employees, subsidiaries, affiliates and subcontractors, to whom the Business Associate provides PHI, or who create or receive PHI on behalf of the Business Associate for the IHS, to comply with the Privacy Rule and to enter into a written agreement with the Business Associate that provides the same restrictions, term and conditions as set forth in this Agreement. Any subcontracts shall be let as provided for in this contract, but, notwithstanding any exemption from any requirement for written consent contained in the subcontracting clause, the Business Associate shall nonetheless obtain the Contracting Officer’s written consent before placing any subcontract pursuant to which the contractor discloses PHI to the subcontractor.

Section 2- Permitted Uses and Disclosures

The Business Associate shall not use or disclose PHI except as provided for in this Agreement, the Privacy Rule or other applicable law, to perform functions, activities or services for on or behalf of the IHS as specified herein.  The Business Associate agrees that it may use or disclose PHI on behalf of the IHS only; (1) upon obtaining the authorization of the patient to who the PHI pertains (45 C.F.R. § 164.50l(a)(l)(iv) and 164.508(b); (2) for the purpose of treatment, payment or health care operations (45 C.F.R. § 164.502(a)(l)(ii) and 164.506; or (3) without an authorization or consent, if in accordance with 45 C.F.R § 164.506, 164.510, 164.512, 164.514(e), 164.514(f) or 164.514(g).  Except as otherwise limited in this Agreement, the Business Associate may use PHI for the management and administration of the Business Associate or to carry out responsibilities of the Contractor required by law.

Section 3 - Safeguards

The Business Associate shall develop and use appropriate procedural, physical and electronic safeguards to protect against the use or disclosure of PHI or the Privacy Rule. The Business Associate will limit any use, disclosure, or request for use or disclosure of PHI to the minimum amount necessary to accomplish the intended purpose of the use, disclosure or request in accordance with the requirements of the Privacy Rule.

Section 4 -Safeguards for Electronic PHI

The Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of any electronic PHI that it creates, receives, maintains, or transmits on Behalf of the IHS as required by 45 C.P.R., part 164, subpart C, Security Standards for the Protection of Electronic Health Information.

Section 5 - Reporting of Disclosure

The Business Associate shall promptly report to the IHS any knowledge of uses or disclosures of PHI that are not in accordance with this Agreement or applicable law. In addition, the Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of the Privacy Rule.

Section 6 - Records: IHS Access

The Business Associate shall maintain records of PHI received from or created or received on behalf of the IHS and shall document subsequent uses and disclosures of such information by the Business Associate.  The Business Associate shall promptly make available to the IHS, such information as the IHS may require to fulfill its obligations to provide access to, provides copy of, and account for disclosures with respect to the PHI pursuant to the Privacy Rule (e.g., 45 C.P.R. o 164.528 (individual request for an accounting PHI disclosures) and other applicable law.

Section 7- Records: Individual Access

The Business Associate shall maintain a designated record set, as defined by the Privacy Rule (45 C.P.R o 164.501), for each patient for which it has PHI. In accordance with a patient’s right to access his PHI under the Privacy Rule, the Business Associate shall make available all PHI in the patient's designated record set to the patient to whom that information pertains, or to the patient's authorized representative, upon request by the patient or his authorized representative to meet the requirements under 45 C.P.R o 164.524. The Business Associate shall document all disclosures under this section and shall promptly make such information available to the IHS pursuant to section 6 above.            

Section 8 - Disclosure

Upon request, the Business Associate shall make available to the IHS or to the Secretary, PHI and the Business Associate's  internal practices, books, and records, including its policies and procedures, including any agreements required by Section 1 with subcontractors, vendors and other agents relating to the use and disclosure of PHI received from the IHS, or created or received by the Business Associate on behalf of the IHS, for purposes of determining the IHS compliance with the Privacy Rule. The Business Associate shall not disclose PHI to any requesting party other than as provided for in this section and sections 2 and 7 above. The Business Associate shall forward all other requests to the IHS for handling.

Section 9 - Amendments of Information

The Business Associate shall make PHI available to the IHS for the IHS to fulfill its obligations pursuant to the Privacy Rule to amend PHI and shall, as directed by the IHS, incorporate any amendments into PHI held by the Business Associate and ensure incorporation of any such amendments into PHI held by its agents or subcontractors. The Business Associate shall not make any amendments to PHI and shall forward all amendment requests to the IHS Contracting Officer for approval.

Section 10 – Obligations of the IHS

The IHS Contracting Officer shall provide the Business Associate with its notice of privacy practices, produced under 45 C.F.R §164.520 and any changes to the notice. The IHS Contracting Officer shall also provide the Business Associate with any changes in, or revocation of, individuals' authorizations to use or disclose PHI, if such changes affect the Business Associates’ permitted or required uses or disclosures of PHI. The IHS Contracting Officer shall notify the Business Associate of any restrictions to the use or disclosure of PHI that the IHS has agreed to pursuant to an individual's request under 45 C.F.R. i5 164.522. The IHS shall not request that the Business Associate use or disclose PHI in any manner that would violate the Privacy Rule if done by the IHS.

Section 11 -Material Breech; Termination

If the Business Associate breaches a material obligation of this Agreement or fails to comply with the Privacy Rule, the IHS will give the Contractor an opportunity to cure the breach, but if the Contractor fails to cure the breach, the IHS will terminate the Agreement, as provided in 52.249-12. If, at the determination of the IHS Contracting Officer, neither cure nor termination is feasible, IHS shall report the material breach to the Secretary. Termination of this Agreement shall not affect any provision of this Agreement, which, by its wording or nature is intended to remain in effect and to continue to operate in the event of termination.  Termination of the underlying contract between the parties will result in the termination of this Agreement.

Section 12 - Return or Destruction of Information

When this Agreement/Contract terminates, the Business Associate, at the IHS's option, shall return to the IHS, or destroy, all PHI in its possession, and keep no copies of PHI except as requested by the IHS or required by law.  The IHS Contracting Officer shall notify the Business Associate whether the Business Associate must return or destroy any PHI in its possession. If the Business Associate or its agent or subcontractor destroys any PHI, then the Business Associate will provide the IHS with documentation evidencing such destruction. Any PHI maintained by the Business Associate shall continue to be extended the same protections set forth in this Agreement for as long as it is maintained.

Section 13- Term

The term of this Agreement shall begin on the effective date of this modification and or contract award and end with the completion of the contract, except as provided in Section 12.

Section 14- Amendment of Agreement

After the date of execution of this Agreement and after learning the material changes

have been made to the Privacy Rule, the parties agree to amend this Agreement to ensure that it complies with the Privacy Rule and that IHS can continue to comply with the Privacy Rule.

Section 15 - Miscellaneous Provisions

(1)         All notices under this Agreement shall be as provided in this contract.

(2)        This Agreement shall be binding upon, inure to the benefit of and be enforceable by and against the Parties and their successors and assigns.  Any novation, assignment, or other transfer of rights, interests, or duties under this Agreement by the Contractor shall be as provided in this contract.

(3)        Any ambiguity in this Agreement shall be resolved to bring the Agreement into compliance with the most current version of the Privacy Rule.

(4)        If a court of competent jurisdiction deems any provision of this Agreement unenforceable, such provision shall be severed from this Agreement and every other provision of the Agreement shall remain in full force and effect.

APPLICABLE PROVISIONS AND CLAUSES

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01 dated March 13, 2026.

52.212-1 Instructions to Offerors—Commercial applies to this acquisition, 52.212-2 Evaluation—Commercial Items applies to this acquisition, 52.212-4 Contract Terms and Conditions—Commercial Items applies.

CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2

Full text available at http://www.acquisition.gov

52.202-1 Definitions (Jun 2020)
52.204-7 System for Award Management (Oct 2018)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.212-4 Contract Terms and Conditions – Commercial Items (May 2026)
52.222-3 Convict Labor (Jun 2003)
52.222-26 Equal Opportunity (Sep 2016)
52.222-35 Equal Opportunity for Veterans (Jun 2020)
52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026)
52.223-6 Drug-Free Workplace (May 2001)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
52.229-3 Federal, State, and Local Taxes (Feb 2013)
52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)
52.232-1 Payments (Apr 1984)
52.232-8 Discounts for Prompt Payment (Feb 2002)
52.232-17 Interest (May 2014)
52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
52.233-1 Disputes (May 2014)
52.233-3 Protest After Award (Aug 1996)
52.237-3 Continuity of Services (Jan 1991)
52.237-7 Indemnification and Medical Liability Insurance. $1,000,000.00 per occurrence.
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS (HHASR) CLAUSES

352.203-70 Anti-Lobbying Dec 2015
352.222-70 Contract Cooperation In Equal Opportunity Investigations Dec 2015
352.223-70 Safety And Health Dec 2015
352.224-70 Privacy Act Dec 2015
352.224-71 Confidential Information Dec 2015
352.226-1 Indian Preference Dec 2015
352.232-71 Electronic submission of payment request
352.237-70 Pro-Children Act Dec 2015
352.237-71 Crime Contract Act – Reporting Of Child Abuse Dec 2015
352.237-72 Crime Control Act – Requirement For Background Checks Dec 2015
352.237-73 Indian Child Protection And Family Violence Act Dec 2015
352.237-74 Non-Discrimination In Service Delivery Dec 2015
352.237-75 Key Personnel Dec 2015
352.239-74 Electronic And Information Technology Accessibility Dec 2015

SET-ASIDE AND NAICS INFORMATION

Set-Aside:  Indian Small Business Economic Enterprise (ISBEE) Set-Aside

NAICS Code:
621111 – Offices of Physicians (except Mental Health Specialists)

Size Standard:
$16 Million

INSTRUCTIONS TO RESPONDENTS AND EVALUATION CRITERIA

Submission of Quotes

Quotes shall be submitted electronically via email to PORAOAcquisition@ihs.gov. The subject line shall include the solicitation number 75H71326Q00072 and the Respondent’s entity name.

Quotes shall include:

• Completed price quote
• Demonstrated prior experience
• Past Performance

Questions

Questions regarding this solicitation shall be submitted in writing via email to Lesley Utter at PORAOAcquisition@ihs.gov. The subject line shall include the solicitation number 75H71326Q00072.

BASIS FOR AWARD

The Government intends to award a contract to the Respondent responsible whose quote represents the best value to the Government, considering price and non-price factors. The Government may award other than the lowest-priced Respondent. This procurement is time-sensitive, and the Government will consider the Respondent’s ability to provide timely and reliable dental hygienist and dentist services to ensure continuity of dental operations and patient care.

The Government reserves the right to:

• Make no award
• Evaluate quotes without discussions
• Communicate with Respondents for clarification purposes only
• Exclude quotes that fail to follow solicitation instructions

EVALUATION FACTORS

The Government will award a purchase order to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government may make no award if no quotation is technically acceptable, if no offeror is responsible, or if pricing is not determined fair and reasonable.

The following factors will be used to evaluate quotations:

Factor 1 - Demonstrated Prior Experence.  The Government will evaluate the extent to which the quotation demonstrates the ability to provide uninterrupted 24/7/365 nurse advice line services; U.S. state-licensed RN staffing in good standing; evidence-based triage protocols; medical, dental, and behavioral health call support; HIPAA-compliant documentation and reporting; continuity of operations; culturally sensitive service to American Indian and Alaska Native beneficiaries; and, if applicable, an organized and enforceable prime/subcontractor or teaming arrangement. The Government may evaluate the technical capability of proposed major subcontractors or teaming partners, but the prime offeror remains responsible for all contract performance.

Factor 2 - Past Performance. The Government will evaluate the recency and relevance of the offeror and any proposed major subcontractor experience providing comparable nurse advice line, nurse triage, medical call center, healthcare documentation, privacy/security, and reporting services. The Government may consider references provided by the offeror and information available from other Government or commercial sources. An offeror without any history of Past Performance will receive a neutral rating for this factor.

Factor 3 - Price. The Government will evaluate the total evaluated price, including the base period and all option periods, for completeness, reasonableness, and balance. The Government may determine a quotation unacceptable if option prices are significantly unbalanced or if the price is not fair and reasonable.

EVALUATION PROCESS

The Government may use a comparative evaluation in accordance with RFQ FAR 12.203(c)(2), Evaluation.

(End of Instructions and Evaluation Criteria)