11-242-SOL-00006.pdf

11-242-SOL-00006

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/24/2010

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5300 Homestead Road NE Albuquerque NM 87110

Albuquerque Indian Health Service Multiple

505 248-4557BRADLEY PLATERO

12/14/2010 1630 MS

FOB DESTINATION

OTHER

(See Schedule)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This acquisition is a 100% Small Business Set-aside.

The Acoma-Canoncito-Laguna Service Unit (ACLSU), has a requirement for Speech Language Pathology Services under a non-personal services Blanket Purchase Agreement (BPA). Services will be provided at the Acoma-Canoncito-Laguna Service Unit located in San Fidel, New Mexico.

The Contractor shall contact the General Service Office at the designated IHS facility to complete the required fingerprinting process to be in compliance with all IHS regulations with regard to security and character background investigations.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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Services to be provided under a Non-Personal services contract, as defined in Federal

Acquisition Regulations (FAR), Part 37, Subpart

37.401.

CREDENTIALING REQUIREMENTS:

Medical Contractors (Physicians, Advance Practice

Nurses, Physical Therapists, Dentists, Optometrists, Psychologists, Psychiatrists, Pharmacists, Audiologists, etc.) must apply and be approved for Clinical Privileges prior to providing Patient Care.

Contractors will submit the following to the service unit Medical Staff Office: Medical Staff

Application with request for clinical privileges, copies of active Unrestricted Professional

Licensure, Professional Degree, Residency and

Board Certification in Specialty, current

Curriculum Vitae, proof of Professional Liability

Coverage, and DEA Certificate.

PLEASE NOTE: The credentialing/privileging process takes a minimum of 4 to 6 weeks to complete.

During the contract period the contractor will:

Maintain active professional licensure and board certification

Immediately disclose to the IHS service unit medical staff if any answer to the Professional

Practice Questions on the Medical Staff

Application become "Yes"

Abide by policies, rules, and regulations and bylaws of the facility.

Document in a timely manner, complete and legible medical records of all care and services provided to patients

Disclose any default or notice of default on student loans.

Background investigations must be initiated before the provider can start providing services.

Waivers may be requested by the service unit for

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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a period not to exceed 30 days.

PERIOD OF PERFORMANCE

The period of performance for this BPA shall be from January 1, 2011 through December 31, 2011, unless otherwise extended by written modification of this contract.

QUOTE PER HOUR TO INCLUDE: all mandatory

Federal, State and other applicable local government taxes; including, the New Mexico Gross

Receipt Taxes (NMGRT) for services performed in the State of New Mexico.

A BPA will be awarded for a base year, with four, one-year options for renewal. Total contract award shall not exceed five years. Option renewals will be on the basis of the existing requirement of the Government, performance of satisfactory service provided during the base year, and contingent upon availability of funds for the appropriate fiscal year.

Estimated Requirements:

a.Base Yr: January 01, 2011 thru December 31, 2011

Est Quantity Cost Per Hour Total Annual Cost

250 Hours $_____Per Hour $_____________ b.1st Yr Option: January 01, 2012 thru December

31, 2012

Est Quantity Cost Per Hour Total Annual Cost

250 Hours $_____Per Hour $_____________ c.2nd Yr Option: January 01, 2013 thru December

31, 2013

Est Quantity Cost Per Hour Total Annual Cost

250 Hours $_____Per Hour $_____________ d.3rd Yr Option: January 01, 2014 thru December

31, 2014

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Est Quantity Cost Per Hour Total Annual Cost

250 Hours $_____Per Hour $_____________ e.4th Yr Option: January 01, 2015 thru December

31, 2015

Est Quantity Cost Per Hour Total Annual Cost

250 Hours $_____Per Hour $_____________

*Wages are in compliance with the current

Department of Labor (DOL) Wage Determination, 2005-2361 Rev 11-dated 08/02/2010.

SCOPE OF WORK

Responsibilities of the Contractor:

The Contractor shall provide on-site Speech

Language Pathology services in accordance with the following:

a.The Contractor shall be able to perform swallow evaluation and treatment.

b.Contractor shall be able to provide and assess cognitive/language screens, evaluations and treatments for all age groups.

c.Contractor shall be able to provide assessments for patient's level of independence or required assistance.

d.Contractor shall document therapy provided in the patient's medical record according to ACLSU policies and procedures and provide vital information to the patient's health care providers on each visit.

e.The Contractor shall be in compliance of all

Indian Health Service rules and regulation.

f.The Contractor shall provide services according to the schedule set forth by the contractor and

Project Officer.

g.The Contractor shall attend an annual

Orientation & Training to update the contractor on changes or training processes and to improve

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the contactors awareness and familiarity of the

IHS systems needed to perform the contract.

h.The Contractor shall review and complete an online web-base Service Unit mandatory

Information Technology/Computer Security orientation and trainings.

i.The Contractor shall discuss any issues or problems with the project officer.

j.The Contractor shall provide, respect, and maintain appropriate acceptable professional standards of conduct while on site at ACLSU.

k.Many of the patients receiving services under this contract may only speak a native language and/or reside on a Native American reservation.

The contractor is expected to demonstrate sensitivity to cross-cultural and language difference and have the ability to work through interpreters as necessary for non-English speaking patients. Consideration must be given to potentially limited transportation, elderly patients, and lack of home environment facilities.

CONTRACTOR BUSINESS RESPONSIBILITIES

1.The Contractor shall possess a Bachelor of

Science Degree in Physical Therapy.

2.The Contractor shall be responsible for reporting all taxes from wages earned under the contract to the appropriate Federal, State and local agencies.

3.The Contractor shall be responsible for his/her own transportation, travel and per diem expenses in the performance of this contract.

4.The Contractor shall be responsible for maintaining satisfactory standards of competence, conduct, appearance and integrity. The quality of work performance of the Contractor shall be subject to review.

5.The Contractor shall be familiar and

Knowledgeable of the "Privacy Act of 1996", the

Health Insurance Portability and Accountability act "HIPAA", and the use of confidential information as an integral part of the everyday

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duties. The privacy of individuals must be protected to the fullest extent possible.

SCHEDULE OF DELIVERABLES OR REPORTING

REQUIREMENTS:

DELIVERY AND ACCOUNTABILITY OF WORK SHALL BE

DOCUMENTED BY THE PROJECT OFFICER.

1.The original invoice shall be forwarded to the

Division of Finance, 5300 Homestead Road NE, Albuquerque, New Mexico 87110-1293.

2.The Contractor shall submit documentation of actual hours worked.

3.The Contractor shall work Monday through Friday within the hours of 8:00 am to 7:00 pm, as scheduled by mutual agreement.

4.A thirty-minute (30) lunch break is permitted under this contract. NOTE: Under the Department of Labor, Employment Standards Administration, Wage and Hour Division, Minimum Length of Meal

Period required under State Law for Adult

Employees in Private Sector, the State of New

Mexico does not require a meal period; however, for the State of New Mexico, by a provision applicable to females, and administratively extended to men, does not require a meal period, but provides that when a meal period is granted;

it must be at least 1/2 hour, not counted as time worked.

5.Quality Assurance: The Contractor shall be subject to peer review according to JCAHO

Standards: Quality assurance monitoring.

6.Safety management reporting requirements will be in accordance with the Hospital Interim Life

Safety Measure Policy.

IDENTIFICATION AND DISPOSITION OF DATA, REPORTS,

AND OTHER DELIVERABLES.

The Contractor is not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service.

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All patient related data are subject to the

Privacy Act and the Confidentiality of

Information Clause(HHSAR 352.224-70).

Upon completion/termination of the contract, all information, statistical or analytical material or Reports; and other data generated by the

Contractor shall become the property of the

Indian Health Service.

The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits.

Dissemination of Information, prior approval shall be obtained from the Government Contracting

Officer for the release or dissemination of information related to this contract.

Information includes, but is not limited to: news releases, articles, manuscripts, advertisements, reports, still and motion pictures, speeches, trade association meetings, symposia, brochures, etc.

CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT

RECORDS

That in receiving, restoring, processing, or otherwise dealing with any information from the program about patients in the program, it is fully bound by the provision of Title 42, Chapter

1, Part 2.

To institute appropriate procedures for safeguarding such information, with particular reference to patient identifying information and;

To resist in judicial proceedings any effect efforts to obtain access to information pertaining to patient otherwise than as expressly provided for in Title 42, Chapter 1, Part 2.

REVIEW, APPROVAL AND EVALUATION

Review and approval of the work hereunder shall be performed by the Contracting Officer or his duly authorized representative.

Evaluation of services performed under this

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contract will be made jointly by the Contractor and the Government Project Officer during the term of this contract and results of such evaluation made a part of the contract file. The evaluation report will be directed toward the progress made in meeting the contract objectives.

Evaluation will be conducted on a date mutually agreed between the Contractor and Government

Project Officer.

QUALITY ASSURANCE

The work of the contractor is subject review as part of the Albuquerque Indian Health Centers

Quality Assurance Program. Review will consist of assignments accomplished, and Project Officer review of work. The contractor is required to correct any deficiencies identified. Failure to take corrective action may result in termination of the contract. The contract may also be terminated for cause if facilities are endangered or harmed as a result of the contractor's action.

918 DESIGNATION OF PROJECT OFFICER

Dr. Wil Darwin, Pharmacist D., Acoma-Canoncito-Laguna Service Unit (ACLSU)

Pharmacy Department, P.O. Box 130, I-40/Exit 102, San Fidel, NM 87049, Telephone No.: (505)

552-5395, is hereby designated the Project

Officer to monitor the performance of this order on behalf of the government. The Project Officer will provide no supervisory or instructional assistance to contractor personnel. The Project

Officer's function is primarily to provide the contractor with working data. The Project

Officer is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the ordering officer for action. The acceptance of any change by the contractor without specific approval and written consent of the ordering officer will be at the contractor's own risk.

Alternate Project Officer: Barbara Felipe, Administrative Officer, Acoma-Canoncito-Laguna

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Service Unit (ACLSU), P.O. Box 130, I-40/Exit

102, San Fidel, NM 87049, Telephone No.: (505)

552-5303.

900 PROJECT OFFICER AUTHORITY

The Project Officer listed above is hereby designated to monitor the performance of this order on behalf of the Government. The Project

Officer will provide no supervisory or instructional assistance to Contractor personnel.

The Project Officer's function is primarily to provide the Contractor with working data. The

Project Officer is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the Ordering Officer for action.

The acceptance of any change by the Contractor without specific approval and written consent of the Ordering Officer will be at the Contractor's own risk.

For questions regarding the solicitation please contact the designated Project Officer. Pricing and negotiating is strictly prohibited during inquiries with the Project Officer.

TOBACCO-FREE FACILITIES (Jan 2006)

In accordance with Department of Health and Human

Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order.

The term "HHS properties" includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements.

The Contractor shall ensure that each of its

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employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE

(AUGUST 1996)

a.Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b.The Contractor shall provide and maintain an inspection system acceptable the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available the Government during contract performance and for as long afterwards as the contract requires.

c.The Government has the right inspect and test all services called for by the contract, the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

d.If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

e.If any of the services do not conform with contract requirements, the Government may require the Contractor perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor take necessary action ensure that future performance conforms contract requirements and

(2) reduce the contract price reflect the reduced value of the services performed.

f.If the Contractor fails promptly perform the services again or take the necessary action

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ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the

Government that is directly related the performance of such service or (2) terminate the contract for default.

INVOICE REQUIREMENTS

The Contractor's invoice must contain the following information:

A.CONTRACTOR'S NAME

B.INVOICE DATE

C.CONTRACT NUMBER

D.DESCRIPTION OF SERVICES

E.COST OR PRICE

F.PAYMENT TERMS

G.WHERE PRACTICABLE: NAME, TITLE, PHONE NUMBER,

AND COMPLETE MAILING ADDRESS OF RESPONSIBLE

OFFICIAL WHOM PAYMENT IS BE SENT

H.ITEM'S ON INVOICE SHOULD BE PROVIDED ON

CONTRACTOR'S OWN STATIONARY INVOICE PAYMENT

Payment will be made subject FAR 52.232-25, Prompt Payment Act by the following Office:

The PAYMENT OFFICE is:

ALBUQUERQUE AREA

INDIAN HEALTH SERVICE

DIVISION OF ACCOUNTING SERVICES

5300 HOMESTEAD ROAD N.E.,

ALBUQUERQUE, NEW MEXICO 87110

The EFT is disbursed by:

U.S. Treasury Office

Office of Disbursement

Austin, Texas

GOVERNMENT FURNISHED MATERIALS & SUPPLIES/OFFICE

FACILITEIS/EQUIPMENT

The Government may provide the use of office space, minimum use of office supplies & materials, computer use, if available, routine office equipment i.e. fax machine, copy machine, etc.

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52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent", as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status", as used in this solicitation provision, means a designation as whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)", as used in this solicitation provision, means the number required by the IRS be used by the offeror in reporting income tax and other returns.

(b) All offerors are required submit the information required in paragraphs (c) through

(e) of this solicitation provision in order comply with reporting requirements of 26 U.S.C.

6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue

Service (IRS). If the resulting contract is subject the reporting requirements described in

FAR 4.903, the failure or refusal by the offeror furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) Taxpayer Identification Number (TIN)

[ ] TIN: ___________________________

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of a

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Federal, state, or local government;

[ ] Other. State basis.

(d) Corporate Status.

[ ] Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

[ ] Other corporate entity;

[ ] Not a corporate entity;

[ ] Sole proprietorship

[ ] Partnership

[ ] Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.

[ ] Name and TIN of common parent:

Name: ____________________________

TIN: _____________________________

Period of Performance: 01/01/2011 to 12/31/2011

CERTIFICATE FOR PROFESSIONAL MEDICAL SERVICES

My license to practice ( ) has ( ) has not been terminated, suspended, or revoked, in any

State, the District of Columbia, Puerto Rico, or a Territory of the U.S.

I currently hold an active license in Speech

Language Pathology in the following State(s):

STATE LICENSE NO. ISSUE DATE

I have an inactive license in Speech Language

Pathology in the following State(s):

STATE LICENSE NO. ISSUE DATE

I hereby certify that for purposes of application

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of the false statements provisions of the Program

Fraud Civil Remedies Act of 1986 (45 CFR 79), that to the best of my knowledge, each of the above statements is true, accurate, and does not omit any material fact that would render the statement false, fictitious, or fraudulent as result of the omission.

Signature of Practitioner Date

FAR 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.

CLAUSES AND PROVISIONS

Check if applicable based on the terms of the contract.

52.202-1 Definitions (Jul 2004)

52.217-8 Option to Extend Services (Nov 1999)

52.217-9 Option to Extend Term of the Contract

(Mar 2000)

52.223-6 Drug-Free Workplace (May 2001)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.222-54 Employment Eligibility Verification

(Jan 2009)

Incorporated by full text:

FAR CLAUSES WRITTEN IN FULL TEXT:

52.219-6 NOTICE OF SMALL BUSINESS SET-ASIDE (JUN

2003)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size

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standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.213-4 Terms and Conditions -- Simplified

Acquisitions (Other Than Commercial Items) (Oct

2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O.

11755).

(ii) 52.222-21, Prohibition of Segregated

Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007)

(E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons

(Feb 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign

Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign

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Assets Control of the Department of the

Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31

U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of

Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010)

(Pub. L. 109) (31 U.S.C. 6101 note).

(ii) 52.232-1, Payments (Apr 1984).

(iii) 52.232-8, Discounts for Prompt Payment (Feb

2002).

(iv) 52.232-11, Extras (Apr 1984).

(v) 52.232-25, Prompt Payment (Oct 2008).

(vi) 52.233-1, Disputes (July 2002).

(vii) 52.244-6, Subcontracts for Commercial Items

(Oct 2010).

(viii) 52.253-1, Computer Generated Forms (Jan

1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor-Cooperation with

Authorities and Remedies (Ju; 2010) (E.O.

13126).(Applies to contracts for supplies exceeding the micro-purchase threshold.)

(ii) 52.222-20, Walsh-Healey Public Contracts Act

(Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

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(iii) 52.222-35, Equal Opportunity for Veterans

(Sep 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793)

(Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United

States.) (For purposes of this clause, United

States includes the 50 States, the District of

Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin

Islands, and Wake Island.)

(v) 52.222-37, Employment Reports Veterans (Sep

2010) (38 U.S.C. 4212) (Applies to contracts of

$100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965, (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto

Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, Johnston

Island, Wake Island, or the outer continental shelf lands.)

(vii) 52.223-5, Pollution Prevention and

Right-to-Know Information (Aug 2003) (E.O. 13148)

(Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in

Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR -Program or Federal

Energy Management Program (FEMP) will be:

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the

Government; or

(D) Specified in the design of a building or

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work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act-Supplies (Feb

2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed

$25,000.)

(x) 52.232-33, Payment by Electronic Funds

Transfer-Central Contractor Registration (Oct

2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration

(CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds

Transfer-Other than Central Contractor

Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64 Preference for Privately Owned

U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

(Sep 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities

(Sep 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations. (Mar 2009) (Pub. L. 110

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247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United states.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991)

(Applies to supplies if delivery is f.o.b.

destination).

(c) FAR 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):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights --

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, 20 26

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epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the

Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor?s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

FAR 52.204-6 CONTRACTOR IDENTIFICATION NUMBER -

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

(APR 2008)

(a) Contractor Identification Number, as used in this provision, means "Data Universal Numbering

System (DUNS) number," which is a nine-digit number assigned by Dun and Bradstreet Information

Services.

(b) Contractor identification is essential for complying with statutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standad Form 33 or similar document, the annotation "DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offeror.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and

Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

(1) Company name.

(2) Company address.

(3) Company telephone number.

(4) Line of business.

(5) Chief executive officer/key manager.

(6) Date the company was started.

(7) Number of people employed by the company.

(8) Company affiliation.

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(d) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at:

https://eupdate.dnb.com/ or calling

1-888-814-1435.

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR

2008)

In accordance with the Federal Acquisition

Regulations (FAR) Part 4.1102 and Clause 52.204-7 all contractors doing business with the U.S.

Government are required to be registered in the

Central Contractor Registration (CCR) database and also have a Data Universal Numbering System

(DUNS) number. Prospective contractors should also consider registering.

(a) Definitions:

(1) "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

(2) "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by and

Dun Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering

System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix that may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

(b) The DUNS number will be used by the

Contracting Officer to verify that the contractor is registered in the CCR database. If the offeror does not have a DUNS number, it should contact

Dun and Bradstreet directly to obtain one by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com

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(c) Contractors who are not registered in the CCR should apply for registration immediately upon receipt of a contract.

(l) The Contractor shall be registered in the CCR database within 15 days upon receipt of this contract. Contractor shall maintain registration during performance and through final payment of this contract.

(d) Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS

(MAY 2004)

(a)(1) The North American Industry Classification

System (NAICS) code for this acquisition is

621340.

(2) The small business size standard is 7 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13

CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

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(4) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [

] is, [ ] is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph

(b)(1) of this provision.] The offeror represents, as part of its offer, that:

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone

Small Business Concerns maintained by the Small

Business Administration, and no material change in ownership and control, principal office, or

HUBZone employee percentage has occurred since it was certified by the Small Business

Administration in accordance with 13 CFR Part

126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part

126, and the representation in paragraph

(b)(6)(i) of this provision is accurate for the

HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the

HUBZone small business concern or concerns that are participating in the joint venture:

__________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision:

"Service-disabled veteran-owned small business concern":

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by

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one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38

U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

"Veteran-owned small business concern" means a small business concern:

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern:

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has

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been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or

15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall:

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

HEALTH & HUMAN SERVICES ACQUISITION REGULATION

CLAUSES

(48 CFR Chapter 3)

Incorporated by reference

352.202-1 Definitions (Jan 2006)

352.232-9 Withholding of Contract Payments(Jan

2006)

352.224-70 Confidentiality of Information(Jan

2006)

352.270-3 Indian Preference(Apr 1984)

352.270-12 Pro-Children Act (Jan 2006)

352.270-17 Crime Control Act-Reporting of Child

Abuse (Jan 2006)

352.270-18 Crime Control Act-Requirement for

Background Checks (Jan 2006)

AWARD

Award shall be made the lowest evaluated Offeror who is determined responsive and responsible. The award shall be a Blanket Purchase Agreement.