RFP for Engineering Services - Tucson.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

DALLAS

Solicitation 12-161-SOL-00008

Engineering Services Support for the Sanitation Facilities Construction Branch, Division of Environmental

Health and Engineering

Tucson Area Indian Health Service Office

Tucson, Arizona

Engineering Services to Support SFCB, Tucson Area IHS

SPECIAL INFORMATION

ECONOMY AND EFFICIENCY IN GOVERNMENT PROCUREMENT THROUGH

COMPLIANCE WITH CERTAIN IMMIGRAITON AND NATURALIZATION ACT

PROVISIONS (Executive Order 12989 of February 13, 1996 by President William Clinton)

This order is designed to promote economy and efficiency in Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose work force is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose work force is more stable. It remains the policy of the Administration to enforce the immigration laws to the fullest extend including the detection and deportation of illegal aliens. In these circumstances, contractors that choose to employ unauthorized aliens inevitably will have a less stable and less dependable work force than contractors that do not employ such persons. Because of this Administration’s vigorous enforcement policy, contractors that employ unauthorized alien workers are necessarily less stable and dependable procurement sources than contractors that do not hire such persons. I find, therefore, that adherence to the general policy of not contracting with providers that knowingly employ unauthorized alien workers will promote economy and efficiency in Federal procurement.

NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 486(a) and 3 U.S.C. 301, it is hereby ordered as follows: It is the policy of the executive branch in procuring goods and services that to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies should not contract with employers that have not complied with 274A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A), 1324a(a)(2) (the “INA employment provisions”) prohibiting the unlawful employment of aliens. All discretion under this Executive order shall be exercised consistent with this policy.

PART IV, SECTION L-4. Please review the paragraph at Section L-4 to ensure your proposal includes all required fill-ins and attachments.

SET-ASIDE NOTICE:

This acquisition has the following Set-Aside Restrictions:

This acquisition is set-aside for small business participation only. The North American Industry Classification System (NAICS) code applicable is 541330, Engineering Services. The small business size standard for this NAICS code is average annual revenue of $14 Million or less. Proposals submitted by firms that are not classified as small businesses under this criterion will not be considered for this acquisition.

TABLE OF CONTENTS

SPECIAL INFORMATION

SET-ASIDE NOTICE:

PART I -- THE SCHEDULE

SECTION A – Standard Form 33

SERVICES AND PRICES

SCOPE OF WORK

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES AND PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

PART II, SECTION I

CONTRACT CLAUSES

PART III – SECTION J

LIST OF DOCUMENTS, EXHIBITS, & OTHER ATTACHMENTS

PART IV

REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

12-161-SOL-00008

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 33

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

02/27/2012 X

Division of Eng. Services Dallas 1301 Young Street Suite# 1071 Dallas TX 75202-5433

SEE BLOCK #7 1400 CT 03/28/2012

DANIEL D FINLEY 214

Dan.Finley@ihs.gov

767-5255

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X

X

X

X

X

X

X

X

X

X

X

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PAGE(S)

DANIEL D. FINLEY

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

6 - 8 12-14 15-16

17-23

25-30

31-32

Comprehensive Environmental Testing for Kayenta Service Unit Facilities Solicitation 11-161-SOL-00011

PART I, SECTION B

SERVICES AND PRICES

B.1 – GENERAL DESCRIPTION OF SERVICES

The effort described by the Scope of Work in Section C is engineering services support for the Sanitation Facilities Construction Branch, Division of Environmental Health and Engineering, Tucson Area Indian Health Service, Tucson, Arizona.

B.2 – The estimated quantity of engineering services hours that will be required each month under the resultant contract is 265. This is an estimate only; there is no guarantee of any quantity of hours under the resultant contract. However, within the limitations included elsewhere in the contract, the Government will issue delivery orders for all engineering services support required for the Sanitation Facilities Construction Branch at the Tucson Area Indian Health Service under this contract. Refer to Contract Clause I.5, “Requirements” for more information.

The rates listed below shall apply to all services provided in accordance with Part I, Section C, Scope of Work, except that travel will be reimbursed as provided for under Sections C, Paragraph 2(c), and Section H, Paragraph H.5. The rates below are inclusive of all labor, materials and supplies not supplied by the Government, off-site supervision, overhead costs and profit to perform the services required under Section C.

ITEM

NUMBER

DESCRIPTION HOURLY RATE

Basic Contract Period, One-Year period beginning with the date of Contract award

Option Year One, One-Year period beginning on the anniversary date of the initial award

Option Year Two, One-Year period beginning the day after Option Year One expires

Option Year Three, One-Year period beginning the day after Option Year Two expires

Option Year Four, One-Year period beginning the day after Option Year Three expires

(End of Section)

PART I, SECTION C

SCOPE OF WORK

Except as otherwise specified herein, the Contractor shall furnish the necessary personnel, materials, services, and do all things necessary to satisfactorily perform the work set forth in general terms below.

1. PROJECT SUMMARY

(a) The Contractor shall provide engineering services support to programs of the Indian Health Service (IHS) Sanitation Facilities Construction Branch (SFCB), under the Division of Environmental Health and Engineering at the Tucson Area IHS Office, and field and office engineering duties associated with various phases of the design and construction of sanitation facilities construction projects.

(b) The IHS shall access the services provided under this contract by awarding fixed-price Delivery Orders (DOs) from time to time, as required based on the hourly rates established in the contract.

(c) The contract services may include, but are not limited to:

Area Office Program Engineering Support Project Engineering Support Home Inventory Support

2. DESCRIPTION OF SERVICES

The Contractor shall prepare written guidelines, procedures, reports and technical specifications, perform records management duties, conduct engineering evaluations and investigations, plan and design sanitation facilities construction projects, and conduct home inventory field surveys and associated data entry of survey results. The Contractor shall provide specific staff members nominated in the proposal and accepted by the IHS to perform all work required under this contract.

The individual staff members may be changed or substitutions put in place only after a written request has been formally approved by the Contracting Officer. Evidence of the qualification requirements listed under Paragraph 4, below, shall be furnished whenever the Contractor requests a substitution or change in the nominated staff members. The Contractor’s staff members nominated for this contract shall be referred to as “on-site contractors” for convenience, from this point forward in this document.

(a) Place of Duty & Duty Hours –The primary place of duty for the on-site contractors will be at the Tucson IHS Area Office, Division of Environmental Health and Engineering, Sanitation Facilities Construction Branch, 7900 South J. Stock Road, Tucson, Arizona 85746. Duty hours may vary as appropriate for interaction with SFCB staff of the IHS Tucson Area, as directed by the Director, SFCB. The Director, SFCB, will be responsible for the monitoring and record keeping procedures used to ensure proper accounting for hours worked. These procedures must demonstrate through time and attendance logs, sign in/sign out sheets, or other appropriate records that services called for by the on-site contractors have been performed.

(b) Work Oversight and Government-Provided Work Tools – Work performed by the on-site contractors shall be overseen by and under the direction of the Director of the SFCB, Division of Environmental Health and Engineering (DEHE), IHS Tucson. On-site contractor assignments will be provided by an IHS technical advisor in terms of defining project objectives, general methods, priorities, and deadlines for each major assignment. The list of assigned tasks will be updated as required by IHS. Work output will be reviewed periodically for professional judgment, accuracy, and timeliness. The Government will provide office space and allow the on-site contractors use of hardware, software and other engineering tools appropriate and adequate to perform assigned tasks. Specialized training may be provided at Government expense to develop skills necessary for the completion of assigned projects, at the discretion and upon approval of the Director, SFCB.

(c) Travel – The on-site contractors may be required to travel to various IHS facilities from time to time in the performance of assigned tasks. Travel required and authorized by the Government to perform assigned tasks shall be reimbursed using the appropriate per diem and other travel expenses reimbursement rates established by Government Travel Regulations. Such reimbursement rates are adjusted from time to time. The current rates can be found at the following urls:

http://www.gsa.gov/portal/content/104877 and http://www.gsa.gov/portal/content/100715. When vehicular travel is dictated, at the Government’s discretion, the Government may provide a vehicle for an on-site contractor to use. In such cases, the Contractor is only entitled to reimbursement of the on-site contractor’s out-of-pocket fuel expenses for the vehicle.

3. WORK REQUIRED

The Contractor shall routinely perform the following tasks:

(a) Area Office Program and Engineering Support: Draft guidelines consistent with established criteria for the design and construction of sanitation facilities under Public Law 86-121.

Compile final reports, including financial analyses and project history documentation, for completed sanitation facilities construction projects. Plan and implement records management functions consistent with federal government regulations. Update and coordinate technical provisions and standard details associated with established construction practices. Perform other duties related to program support as assigned by the Director, SFCB.

(b) Project Engineering Support: Draft engineering reports, technical drawings, technical specifications, and project status reports. Prepare project documents for initiation of construction projects. Prepare requisitions for materials and services. Prepare preliminary project design recommendations. Review and inspect engineering work and construction performed by other contractors; ensure that all work is performed in accordance with the approved plans and specifications. Perform other duties related to project engineering support as assigned by the Director, SFCB.

(c) Home Inventory Support: Conduct field surveys associated with the development of a home inventory system. Develop and maintain files containing complete documentation of all survey work. Perform data entry for compiling survey data. Perform other duties related to home inventory support as assigned by the Director, SFCB.

On-site contractor assignments will be provided by an IHS technical advisor in terms of defining project objectives, general methods, priorities, and deadlines for each major assignment. Work is reviewed periodically for professional judgment, accuracy, and timeliness. The on-site contractors shall discuss with technical Government advisors unusual problems before taking action. The onsite contractors shall follow established written guidelines and procedures (design standards, standard specifications, programmatic policies and regulations).

4. REQUIRED QUALIFICATIONS

The on-site contractor staff shall possess the following minimum qualifications:

Design Capabilities – Must have knowledge and experience in the design of water and sewer facilities and other civil engineering projects using Computer Aided Design (CAD).

Data Systems – Must have knowledge and skills in using data systems with the capability to learn specialized data systems for tracking homeowner inventory and project information.

Written Communication – Must have strong written communication skills with experience related to drafting guidelines and technical provisions and compiling final reports as related to sanitation facilities construction projects.

Education – Recognized Bachelor of Science Degree from an ABET-accredited university in Civil or Environmental Engineering, including satisfactory completion of course work covering the following topic areas: water supply, wastewater disposal, and fluid mechanics.

Professional Registration – Must possess current registration as a professional engineer in any U.S. state.

5. SCHEDULE OF DELIVERABLES OR REPORTING REQUIREMENTS

The Contractor shall submit the following items in the quantities stipulated and within required time frames to the Director, SFCB, IHS Tucson:

ITEM DESCRIPTION QUANTITY DATE

1. Monthly invoices Original Within 10 days following last day of reporting month

2.

Routine various reports from the on-site contractors relative to specific tasks required by the Scope of Work

Original

As required by SFCB, IHS Tucson to meet each task’s requirements

3.

Special reports as required by Contracting Officer in accordance with paragraph A. below

Original plus one (1) copy

As specified

Special reports may be requested by the Contracting Officer on any technical or administrative aspect of contract performance. Requests for such reports will be provided in writing to the Director, SFCB, IHS Tucson Project Officer stipulating information required, time frames for response and instruction on submissions.

PART I, SECTION D

PACKAGING AND MARKING

D – 1. ADDRESSEE FOR SUBMITTALS

The contractor shall address any submittals for the Scope of Work to the Indian Health Service, unless otherwise directed as follows:

Tucson Area Indian Health Service Attention: Director, SFCB Division of Environmental Health and Engineering 7900 South J. Stock Road Tucson, AZ 85746-7012

PART I, SECTION E

INSPECTION AND ACCEPTANCE

E.1 -- CONTRACTING OFFICER'S REPRESENTATIVE

(a) A Contracting Officer’s Technical Representative (COTR) or Project Manager may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

(b) The COTR/Project Manager has NO AUTHORITY to make any changes which effect money or time.

(c) The COTR/Project Manager may approve minor field changes which do not effect the period of performance or price of the contract.

(d) The COTR/Project Manager is authorized to issue notices regarding noncompliance of contract requirements, and to stop work if the Contractor's methods cause unsafe conditions onsite. Issuing a Notice of Noncompliance as described herein does not constitute a Stop Work order.

E.2 – INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) FAR 52.246-4

(a) Definition: “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 to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to 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 to 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 to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformeance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

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

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

PART I, SECTION F

DELIVERIES AND PERFORMANCE

F.1 -- CONTRACTOR PERFORMANCE EVALUATION

The Contractor will be evaluated on each contract action for compliance with the scope of work, quality of work performed, compliance with schedule, submission of submittals and all matters associated with the contract. If a deficiency is noted the COTR or Project Manager and the Contracting Officer will advise the contractor about the corrective action necessary.

F.2 -- REMOVAL OF PERSONNEL

The Contracting Officer may require the Contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

PART I, SECTION G

CONTRACT ADMINISTRATION DATA

G.1 -- CONTRACTING OFFICER

(a) Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

(b) Ordering Officer Authority may be delegated in writing to another Indian Health Service Contracting Unit to perform administration functions and order work as set out in FAR 42.302(a) to the extent that they apply to this contract and are not specifically withheld or modified by the Indian Health Service – Dallas Contracting Officer.

(c) The initial individual appointed as the primary Contracting Officer for this acquisition is identified in Block 10 of the SF-33, Solicitation, Offer and Award Form.

G.2 -- ADDRESS FOR CONTRACT CORRESPONDENCE

Whether using a courier service or the U.S. Postal Service, all correspondence shall be delivered to the following address, unless otherwise specified:

Indian Health Service Division of Engineering Services

Contracting Branch 1301 Young St. Suite 1071 Dallas, Texas 75202-5433

Telephone Numbers

Commercial: (214) 767-5255

FAX: (214) 767-5194

NOTE: Include the Contract Number on all correspondence.

G.3 -- REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, Insurance-Work on a Government Installation, the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the following minimum insurance coverage’s. The Contractor shall furnish this certificate before commencing work at the job site. In addition, the Contractor shall maintain a certificate of insurance for each sub-contractor working at the job site.

MINIMUM COVERAGE REQUIRED

Type of Accident Per Person Per Accident Property Damage General Liability $500,000 Automobile Liability $200,000 $500,000 $20,000 Workmen's Compensation--As required by Federal and State Laws.

All insurance policies shall provide for a notice of cancellation to the Contracting Officer not less than 30 days before the effective date of such cancellation and the certificates of insurance shall indicate that the above provision has been included.

G.4 -- INVOICING REQUIREMENTS

1. General Requirements:

(a) Invoices shall be prepared and submitted in accordance with the provisions of the Clause titled “Payments”, FAR 52.232-1. This contract clause is available in full text at URL:

https://www.acquisition.gov/far/

(b) Invoices shall be submitted in original form to the Contracting Officer. FAXED INVOICES ARE NOT ACCEPTABLE. Invoices must be signed by the COTR/Project Manager signifying confirmation that the value of the invoice has been acceptably received prior to submission to the Contracting Officer. E-mail copies will be accepted as “review” copies – however, payment requests will not be processed until the originals are received.

(c) The Contractor may invoice for work completed each 30 days. Advance payments will not be made. Payment requests submitted sooner than 30-days cycles, except those for valid travel expense reimbursements, will be returned to the contractor without further action.

(d) For a contractor payment request to be "proper for payment" pursuant to the Payments Clause of this contract, the original invoice shall have been coordinated, reviewed, and approved by the COTR/Project Manager prior to submission to the Contracting Officer. It is the responsibility of the Contractor to ensure delivery of the original invoice to the Contracting Officer; delivery to the COTR/Project Manager does not constitute delivery to the Contracting Officer.

(e) Contact the Indian Health Service Finance Center identified in Block #25 of Standard Form 33, Solicitation, Offer and Award, in Part A of the contract with questions pertaining to payment information and payment dates.

(f) Payments will be made within 30 Calendar days after receipt by this office and approval of a properly executed invoice by the Contracting Officer.

2. Specific Requirements:

Before any payment is made to the Contractor, the Contractor shall prepare and submit to the Contracting Officer not more frequently than monthly an invoice for the value of the work completed during the period since the previous invoice (if any) for review and approval.

(a) Each invoice shall bear the dated original signature of the COTR/Project Manager indicating their agreement with the invoiced amount.

(b) The invoice shall specify on its face the contract/delivery order number.

G.6 – RELEASE OF CLAIMS

The Contractor, prior to receiving final payment under any delivery order issued under the contract, shall submit to the Contracting Officer a properly executed Contractor's Release of Claims. The Release of Claims form is available from the Contracting Officer Failure to submit this completed Release of Claims will delay the final payment.

G.7 -- PRE-PERFORMANCE CONFERENCE

The Contracting Officer will determine the need for a pre-performance conference and the location, date and time of such conference and notify the contractor accordingly. The Contractor, at no additional expense to the Government, shall attend a pre-performance conference if determined necessary.

G.8 -- IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. The Contractor shall provide each employee that will be onsite with an ID badge on contract start date or upon employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the Contractor's name, functional area of assignment, and a color photograph. The contracting officer or their designee shall approve the ID badge template before the contract start date. Alternatively, the Government may determine it is more convenient to provide access badges to specific employees for Indian Health Service facilities to perform services required under this contract. If the Government decides to provide such access badges, the Project Manager will notify the Contractor.

(b) Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract onsite at any federal or Tribal facility or to attend Government meetings and conferences related to the contract at a public location. Unless otherwise specified in the contract, each Contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons dictate alternate placement.

(c) Answering Telephones. Contractor personnel shall identify themselves as Contractor employees when answering Government telephones.

(d) Utilizing Electronic Mail (e-mail). When prime Contractor or Subcontractor personnel send e-mail messages as part of contract performance (or otherwise) relating to contract matters) each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

PART I, SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 -- ACCIDENT PREVENTION STATE OSHA HEALTH AND SAFETY STANDARDS

The Contractor shall comply with all pertinent provisions of the latest version of all Federal and State OSHA Health and Safety Standards. These standards are hereby included into this contract in full force and effect, and the most stringent of the standards in effect on the date of the solicitation, will apply.

H.2 -- ACCIDENT NOTIFICATION/REPORT

In the event of a job-related accident on site, the Contractor shall:

(a) Immediately notify the Contracting Officer and the Contracting Officer’s Technical Representative (COTR) or assigned Project Manager;

(b) Prepare a detailed Report of Accident as prescribed by OSHA Regulations and forward the original and two copies to the Contracting Officer; and

(c) Maintain an accident file for the life of the contract to include all accident reports.

Any technical advice and assistance necessary in accident investigation and reporting may be requested from the Tucson Area IHS Safety Office. Lost time injury is defined as "an injury resulting in a lost workday, not including the day of injury."

H.3 -- COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

(a) The Contractor, his employees, and his subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force).

(b) The Contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government.

(c) The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.

H.4 -- RESERVATION REGULATIONS

(a) Where onsite work will be performed on an Indian Reservation, the Contractor, its employees, and subcontractors shall become familiar with and obey the regulations of the Reservation including fire, traffic, safety and security regulations while on the Indian Reservation or installation.

(b) Those driving motor vehicles shall observe and obey all speed limits posted throughout the reservation.

(c) Personnel should not enter restricted areas unless required to do so and only upon prior approval.

(d) All Contractor employees and Subcontractors shall carry proper personal identification with them at all times.

(e) The contractor’s equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

H.5 – TRAVEL EXPENSE REIMBURSEMENTS

The Contractor shall reimburse its employees directly for all travel the Government requires in the fulfillment of the work listed under Part I, Section C, of the Scope of Work. Travel will be reimbursed at applicable Government rates established from time to time under Government Travel Regulations. . If the Contractor’s personnel incur expenses that exceed the allowable reimbursement rates, such excesses will not be reimbursed unless the Contractor requests from the Contracting Officer with justification and is granted a waiver to the reimbursement rate limits prior to incurring the travel-related expenses. The Contractor shall submit payment requests for travel after all travel for a particular project trip has been completed or monthly, as applicable. All applicable paid receipts, including lodging, airfares, fuel, parking and other travel-related expenses are required for reimbursement at the rates authorized by Government Travel Regulations. Requests for payment of travel expenses will be processed the same as normal payment requests.

The Government will either include or add a line item to the applicable deliver order, as applicable, for travel reimbursement requirements. Such travel line items will be funded with a “Not-to-Exceed” (NTE) amount on the delivery order.

PART II, SECTION I

CONTRACT CLAUSES

I.1-- 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):

https://www.acquisition.gov/far/

CLAUSE NO. TITLE

FAR 52.202-1 Definitions (JAN 2012) with the following changes authorized by the Health and Human Services Acquisition Regulation (HHSR) 352.202-1:

(a) In accordance with 52.202–1(a)(1), substitute the following as paragraph (a):

“(a) The term “Secretary” or “Head of the Agency” (also called “Agency Head”) means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term “his/her duly authorized representative” means any person, persons, or board authorized to act for the Secretary.”

(b) In accordance with 52.202–1(a)(1), add the following paragraph (h):

“(h) The term “Contracting Officer's Technical Representative” means the person who monitors the technical aspects of contract performance. The Contracting Officer's Technical Representative is not authorized to issue any instructions or directions which cause any increase or decrease in the Statement of Work/Performance Work Statement/Specifications which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Contracting Officer's Technical Representative is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.”

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-7 Anti-Kickback Procedures (OCT 2010) FAR 52.203-8 Cancellation, Rescission, and Recovery-of Funds for Illegal or Improper

Activity (JAN 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN1997) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) FAR 52.204-4 Printed or Copied Double Sided on Recycled Paper (MAY 2011) FAR 52.204-7 Central Contractor Registration (FEB 2012) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB

2012) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010) FAR 52.215-2 Audit and Records -- Negotiation (OCT 2010) FAR 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 1997) FAR 52.219-8 Utilization of Small Business Concerns (JAN 2011) FAR 52.219-14 Limitations on Subcontracting (NOV 2011) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB1997)

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-21 Prohibition of Segregated Facilities (FEB1999) FAR 52.222-26 Equal Opportunity (MAR 2007) FAR 52.222-35 Equal Opportunity for Veterans (Fill-in is “None”) (SEP 2010) FAR 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) FAR 52.222-37 Employment Reports on Veterans (SEP 2010) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.222-54 Employment Eligibility Verification (JAN 2009) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.229-3 Federal, State, and Local Taxes (APR 2003) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-11 Extras (APR 1984) FAR 52.232-15 Progress Payments Not Included (APR 1984) FAR 52.232-17 Interest (OCT 2010) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.232-25 Prompt Payment (OCT 2008) FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT

2003) FAR 52.233-1 Disputes (JUL 2002) and Alternate I (DEC 1991) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.243-1 Changes (AUG 1987) and Alternate I (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items (DEC 2010) FAR 52.246-25 Limitation of Liability – Services (FEB 1997) FAR 52.249-2 Termination for the Convenience of the Government (Fixed Price) (MAY

2004) FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

I.2 -- INDIAN PREFERENCE (APR 1984) HHSAR 352.270-2

(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 statistical records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting persons other than Indians in accordance with the clause of this contract entitled “Equal Opportunity.”

(d) 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.

(e) 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 to 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 is recognized as eligible for the special programs and services provided by the United States to Indians because of their 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.

(f) 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.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may impose any other sanctions authorized by law or by other provisions of the contract.

(End of Clause)

I.3 -- INDIAN PREFERENCE PROGRAM (Jan 2006) HHSAR 352.270-3

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work to be performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor's Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice in the Tribal office of any reservations on which or near where the work under this contract is to be performed that sets forth the Contractor's employment needs and related training opportunities. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the Tribe(s) on or near whose reservation(s) the work is to be performed to provide assistance to the Contractor in filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors and suppliers under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals only from Indian organizations or Indian-owned economic enterprises. The Contractor shall request assistance and information on Indian firms qualified as suppliers or subcontractors from the Tribe(s) on or near whose reservation(s) the work under the contract is to be performed. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms;

(ii) A statement indicating that preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with section 7(b) of Public Law 93–638 [88 Stat.

2205; 25 U.S.C. 450e(b)];

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” as prescribed under the “Indian Preference” clause of this contract;

(iv) A statement to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, no responsive bid or acceptable proposal is received, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If one or more responsible bids or acceptable proposals are received, award shall be made to the low responsible bidder or acceptable offeror if the price is determined to be reasonable. If the low responsive bid or acceptable proposal is determined to be unreasonable as to price, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which indicate—

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why preference was not given to Indian firms as subcontractors or suppliers for each requirement where it was determined by the Contractor that such preference would not be consistent with the efficient performance of the contract; and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report which summarizes the Contractor's Indian preference program and indicates the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms “Indian,” “Indian Tribe,” “Indian Organization,” and “Indian-owned economic enterprise” are defined in the clause of this contract entitled “Indian Preference.”

(2) “Indian reservation” includes Indian reservations, public domain Indian Allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq .)

(3) “On or near an Indian Reservation” means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably be expected to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements.