RFP for Fire Sys Tech Spec Services - Phoenix.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

DALLAS

Solicitation 12-161-SOL-00027

Fire Systems Technical Specialist Support for the Division of Facilities Engineering, Office of Environmental Health and Engineering

Indian Health Service Phoenix Area Office

Phoenix, Arizona

Fire Systems Technical Specialist Support

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.

PROPOSAL SUBMISSION DOCUMENTS

Please review the paragraph at Section L-5 to ensure your proposal includes all required documents, fill-ins and attachments.

SET-ASIDE NOTICE:

This acquisition is set-aside for small business participation only. The North American Industry Classification System (NAICS) code applicable is 238990, All Other Specialty Trade Contractors. 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.

PROPOSAL DUE DATE

Proposals under this RFP must be received in the office designated at Block 7 of Standard Form 33 no later than 2 PM (Central Time), July 24, 2012.

TABLE OF CONTENTS

SPECIAL INFORMATION

PROPOSAL SUBMISSION DOCUMENTS

SET-ASIDE NOTICE:

PROPOSAL DUE DATE

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

(END OF SECTION)

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

Facility Engineering Technical Services

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 facility engineering technical services support for the Division of Facilities Engineering, Office of Environmental Health and Engineering, Indian Health Service Phoenix Area Office, Phoenix, Arizona.

B.2 – ESTIMATED QUANTITY

The quantity of facility engineering technical services support hours that will be required each month under the resultant contract(s) will vary but is estimated to be approximately 325, the equivalent of almost two full-time employees. This is an estimate only; there is no guarantee of any quantity of hours under the resultant contract and the Government may determine it is in its best interest to award more than one contract from the proposals received under the RFP for these services. However, within the limitations included elsewhere in the contract, the Government will issue delivery orders for facility engineering technical services support required for the Division of Facilities Engineering at the Indian Health Service Phoenix Area Office under the contract(s). Please note the estimated number of work hours is for all work required, regardless of the number of contracts awarded under the RFP.

B.3 – HOURLY RATES

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 5, and Section H, Paragraph H.5. The rates below are inclusive of all labor, materials and supplies not provided 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 materials, services, and do all things necessary to perform the work as set forth below.

1. PROJECT SUMMARY

The Contractor shall provide qualified personnel to perform tests and inspections on fire detection, alarm and extinguishing devices; and to complete documentation on those tests and inspections. The services shall be provided to the Phoenix Area Indian Health Service (IHS) at IHS health care facilities located at various locations in Arizona, California, Nevada and Utah. Historically, a majority of the work required will be at remote locations.

2. DESCRIPTION OF SERVICES

The services shall be conducted in compliance with the applicable National Fire Protection Association (NFPA) Standards and performed at intervals prescribed by the Government.

Contractor Personnel performing required services are subject to the direction of the Chief, Operations Branch, Division of Facilities Engineering, Office of Environmental Health and Engineering, Phoenix Area Indian Health Service. The Contractor and its personnel performing services under this contract will be provided a prioritized listing of required services to perform, with a schedule for each location. The Contractor shall provide all basic tools necessary to perform the duties. Any specialized tools and equipment required for satisfactory performance of assigned tasks will be provided by the Government.

3. PLACE OF PERFORMANCE AND WORK HOURS

Contractor personnel performing required services will be provided office space and the use of Government hardware, software and other tools to perform required services. The base location for the Contractor will be at the Phoenix Area Office, Office of Environmental Health and Engineering Division of Facilities Engineering, 40 N. Central Avenue, Suite 720, Phoenix, Arizona 85004. The Contractor Employee(s) shall work in and from this facility for remote requirements. Normal work hours are 8am to 5pm Monday through Friday, excluding federal holidays. The contractor will be compensated for only the hours Contractor Employee(s) work. The Chief, Operations Branch, will monitor performance and keep records to verify contract compliance. These procedures include time and attendance logs, sign in/ sign out sheets, and other appropriate records that the services required were satisfactorily performed.

(a) Training

At the discretion and upon approval of the Director, Division of Facilities Engineering, Contractor Personnel working under this contract may be provided training to develop or maintain skills necessary for to satisfactorily complete assigned tasks at Government expense.

Potential training opportunities do not waive the minimum Contractor Employee requirements listed in Paragraph 10 below.

Program growth is possible; Contractor Personnel may be requested to obtain, at the Governments expense, all or part of the following certifications:

Annual Fire Extinguisher Maintenance Certifications Fire Pump Test and Inspection Back Flow Preventer Test and Inspection Fire Hydrant Testing

(b) Travel

Travel authorized by the Government shall be reimbursed at the current per diem and privately owned vehicle (POV) mileage reimbursement rates published periodically by the Government.

Contractor Personnel working under this contract must have a POV available for work travel and maintain a valid motor vehicle operator license issued by the state of legal residence at all times.

Travel shall be as directed by the Chief, Operations Branch. Official travel may also be performed by use of a Government vehicle, as directed by the Chief, Operations Branch.

4. COMPLEXITY

Performance of the services under this contract requires skill in numerous complex areas including code consulting, technical writing, test and inspections, complex troubleshooting and maintenance, and detailed investigations. Acceptable Contractor Personnel must possess expertise in all of these areas with emphasis on product knowledge and code requirements. Independent judgments and actions are continuous.

Accepted Contractor Personnel shall follow established written guidelines and procedures, as directed by IHS.

5. SCOPE OF WORK

The Contractor shall perform testing and inspection of the following fire detection, alarm and extinguishing devices and equipment as directed by the Government. Contractor personnel working under this contact shall (referred to as Contractor Personnel from this point forward in this Scope of Work) complete all required documentation associated with the testing and inspection of the fire detection, alarm and extinguishing devices and equipment. This may include validation of and documentation of work performed by Government employees and/or other Contractors.

(a) Initiating Devices

1. Supervisory signal devices;

2. Valve tamper switches and water flow devices; and

3. Duct detectors, electromechanical releasing devices, heat detectors, manual fire alarm boxes and smoke detectors.

(b) Occupant alarm notification devices including all audible devices, speakers and visible devices.

(c) Off-premises Emergency Forces Notification transmission equipment.

(d) For water-based automatic fire extinguishing systems:

1. Fire pumps;

2. Water storage tank high and low level alarms;

3. Water storage tank low water temperature alarms;

4. Main drain tests at all system risers; and

5. Fire department connections.

(e) Kitchen automatic fire extinguishing systems.

(f) Carbon dioxide and other gaseous automatic fire extinguishing systems.

(g) Portable fire extinguishers.

(h) Water stand-pipe and hoses.

(i) Fire and smoke dampers

(j) Automatic Smoke detection shutdown devices for air handling equipment.

(k) Horizontal and vertical sliding and rolling fire doors.

(l) Access Control Systems.

1. Control panels and all associated programming and software;

2. Card reads;

3. Touch sense release mechanisms;

4. Request to exit devices;

5. Door strike units; and

6. Alarm Contacts.

(m) CCTV systems

1. Digital video recording devices and all associated programming and software;

2. Fix and pa, zoom and tilt cameras;

3. Environmental equipment; and

4. Power supplies.

(n) Security Systems:

1. Control panels and all associated programming and software;

2. Motion detection devices;

3. Alarm contact devices; and Audible annunciation devices.

(o) Nurse Call systems:

1. Control panels and all associated programming and software;

2. Master controller units;

3. Patient, staff, bath and all associated stations; and

4. Dome lights and annunciation devices.

(p) Building Management (a.k.a. Direct Digital Controls (DDC))

Contractor Personnel shall perform assessments, troubleshooting, testing, inspection and documentation of integrated fire detection and alarm systems. This may include validation and documentation of work performed by Government employees and other Contractors:

Fire alarm control panels and all associated panels installed, including power supply panels, emergency voice control panels, fire fighter phone panels, monitor zone cards, modules for fire pump status, generator status, smoke control and annunciator panels.

Auxiliary devices connected to fire alarm systems used for control outputs including elevator recall, door holders, security door release, air handler shutdown, stairwell pressurization fans, smoke exhaust fans, fire/smoke dampers, door curtain activation, adjacent zone pressurization fans, and any other control outputs connected to and/or activated by the fire alarm system.

Contractor Personnel shall provide comprehensive review, investigation and assessment of issues involving NFPA codes associated with the scope of work, as directed by the Government.

6. TEMPORARY ASSISTANCE

During the course of performing assigned tasks, it may be advantageous to the Government for the Contractor to employ temporary labor, or employ a specialized technical consultant. In those instances, Contractor Personnel will seek temporary assistance using a local labor pool, or local businesses, for temporary services.

Temporary labor will normally be allowed in the following instances:

(a) When Service Unit employees are not available to assist;

(b) When the cost of temporary labor is less than the cost of utilizing skilled mechanics at the Service Unit;

(c) When the problems encountered are beyond the immediate expertise of Contractor Personnel; or

(d) When emergency situations arise, and no other assistance can be obtained.

The use of temporary assistance must be pre-approved by the Chief, Operations Branch and will be granted only when a benefit to the Government is clearly demonstrated. The Contractor will provide a cost estimate showing hourly or daily wage rates to the Chief Operations Branch for all temporary assistance on assigned tasks.

Temporary assistance shall be used only on a short-term basis; i.e. a day or two. Travel expenses, lodging, meals or personal expenses will not be allowed for temporary labor. The Contractor will be responsible for all insurance requirements as the temporary assistant will be considered an employee of the Contractor and not an employee of the Government.

In the instances where a local business is utilized for services, the local business will be considered a subcontractor to the Contractor.

7. MATERIALS

The Government intends to provide all parts and materials for repairs and renovations performed by Contractor Personnel. However, the Contractor may be requested to purchase materials within the scope of this contract and be reimbursed at the invoiced amount.

8. QUALIFICATIONS OF CONTRACTOR PERSONNEL

Contractor Personnel accepted by the Government to work under this contract shall be experienced in the testing and evaluation of health care facility fire alarm and detection system. All Contractor Personnel must have a minimum of three years full-time experience in maintaining fire detection, alarm, and extinguishing devices and related equipment.

(a) All Contractor Personnel accepted by the Government shall possess a National Institute for Certification in Engineering Technologies (NICET) Level III Certification in Fire Alarm Systems.

(b) In addition, all Contractor Personnel shall have one or more of the following certifications:

Inspection & Testing of Water-Based Systems (National Institute for Certification in Engineering Technologies (NICET) Level III, or equivalent);

“F” Fire Alarm License (Issued from any state in the US);

“G” Sprinkler license (Issued from any state in the US);

“E2” Engineered System Suppression License (Issued from any state in the US);

Formal training on Notifier fire alarm systems, or equal;

Formal training on Ademco Security systems, or equal;

Formal training on Panasonic CCTV systems, or equal; and Formal training on Jeron nurse call systems, or equal.

(c) All Contractor Personnel shall have knowledge and understanding of the following National Fire Protection Association codes:

NFPA 10 (Portable Fire Extinguishers) NFPA 13 (Installation of Sprinkler Systems) NFPA 14 (Standpipe and Hose Systems) NFPA 25 (Inspection, Testing, and Maintenance of Water-Based Fire Detection Systems) NFPA 72 (National Fire Alarm Code) NFPA 80 (Fire Doors and Fire Windows) NFPA 1962 (Care, Use, and Service of Fire Systems)

(d) All Contractor Personnel must be physically able to climb ladders (up to 20 feet), enter crawl spaces, and carry equipment up to 40 pounds in total weight.

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:

Indian Health Service Phoenix Area Office Attention: Chief, Operations Branch, Div of Facilities Engineering Office of Environmental Health and Engineering 40 N. Central Avenue, Suite 720 Phoenix, AZ 85004-4424

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 that endangers persons or property; manufactures, distributes, dispenses, possesses or uses controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons determined as objectionable by the Contracting Officer.

F.3 – PERIOD OF PERFORMANCE

Performance under this Contract will begin on October 9, 2012 or the date of contract award, whichever is later and extends for a period of one year, subject to any performance limitations specified in delivery orders issued under the contract. Refer to the Clause in Section I.7, Option to Extend the Term of the Contract, for details about optional performance periods.

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 and any applicable Delivery Order 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. Please refer to Section I.1 for instructions to obtain FAR clauses included by reference.

(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 at the end of each 30-day performance period.

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 verified as acceptable 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 is only for review and verification and 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 any questions pertaining to payment status and payment dates.

(f) Payments will be made within 30 Calendar days after receipt 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-provided telephones.

(d) Utilizing Electronic Mail (e-mail). When prime Contractor or Subcontractor personnel send e-mail messages relating to contract matters, as a minimum each sender shall include a signature block listing their full name (both first and last names), their title (including “IHS Contractor”), 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.

H.6 – GUARANTEED MINIMUM CONTRACT AMOUNT

This Indefinite Delivery Indefinite Quantity Contract has a guaranteed minimum amount equal to the equivalent of 350 hours of services provided under Section C of the contract. The guaranteed minimum purchase will be completed by the Government issuing a Delivery Order concurrent with the award of the contract. Such Delivery Order will be for an amount equal to or exceeding the quantity of hours indicated above. If the Government does not require services under the contract equal to the Guaranteed Minimum Contract Amount during the Basic one-year contract period, the Government will pay the Contractor, after presentation of a proper invoice, the difference between the actual services required and the amount equivalent to 350 hours of services.

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 52.204-10 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 52.222-41 Service Contract Act of 1965 (NOV 2007) 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,”…