solicitation_engineering_services_13242SOL00009.docx

Solicitation No. 13-242-SOL-00009 Engineering Services

Section B - SUPPLIES OR SERVICES AND PRICE/COST B-1 Services:

The Indian Health Services (IHS) has a requirement for Engineering Services, for the Albuquerque Area Indian Health Services (AAIHS) and surrounding facilities. Services are to be provided on-site at Albuquerque Indian Health Center Sanitation Facilities Construction District Office in Albuquerque, New Mexico, Santa Fe Indian Hospital (Sanitation Facilities Construction District Office).

Multiple contracts will be awarded as Indefinite Delivery/Indefinite Quantity contracts to obtain multiple engineering services for the Albuquerque Area Office of Environmental Health & Engineering (OEH&E), Division of Sanitation Facilities Construction (DSFC).

As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

The Contractor's price/cost for reimbursement of services under this contract includes calculations for all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

Wages are in compliance with the current Department of Labor (DOL) Wage Determination, 2005-2361 Rev 14 dated 06/19/2013 to the applicable county for services provided.

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

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

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

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

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

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

Fingerprinting Requirements for Security and Suitability:

“Prior to start of services specified by the contract scope of work, the Contractor must contact Calvin James, at Telephone No. (505) 248-4524, Division of Human Resources, AAO to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations.”

The contract is awarded as Non-personal service contract under the authority of FAR Part 37.101. The contractor shall provide the stated scope of services independent of Government direction or supervision; however the Government has oversight of assignments/task(s) for purpose of compliance to the Area Information Management System Policies.

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2013. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

B-2 PRICES/COST

Estimated Requirements:

The Governments estimated requirements are 36 to 40 hours per week, 52 weeks per year. Days of services are Monday through Friday. Cancellation of services due to inclement weather will be re-scheduled by mutual agreement between the Contractor and the Project Officer or District Engineer.

Base Year: date of award through August 31, 2014

Engineering Services:

Estimated 2080 hrs. _______ Per Hour Total $________

1st Year Option: September 1, 2014 through August 31, 2015

Engineering Services:

Estimated 2080 hrs. _______ Per Hour Total $________

2nd Year Option: September 1, 2015 through August 31, 2016

Engineering Services:

Estimated 2080 hrs. _______ Per Hour Total $________

3rd Year Option: September 1, 2016 through August 31, 2017

Engineering Services:

Estimated 2080 hrs. _______ Per Hour Total $________

4th Year Option: September 1, 2017 through August 31, 2018

Engineering Services:

Estimated 2080 hrs. _______ Per Hour Total $________

The Albuquerque Area Indian Health Division of Accounting Services will issue Form 1099 MISC-Miscellaneous Income, for reporting earned under this contract. It is the responsibility of the Contractor to notify the IHS of any change in address or Tax Identification Number(s); otherwise Form 1099 will be mailed to the last address on file. For inquiries regarding Form 1099 call (505) 248-4582.

Individual task orders will be awarded against the base contract on an as-needed basis. The task order will obligate funds for services required.

Contractor Requirements Mandated by the Federal Acquisition Regulation (FAR) Effective on July 31, 2012, the System for Award Management (SAM) replaced the Central Contractor Registration (CCR). During the term of the contract, the Contractor's DUNS number shall be in active status in accordance to FAR 52.204-6, Data Universal Numbering Systems (DUNS) and updated annually in the System Award Management (SAM) pursuant to 52.204-7, Central Contractor Registration (Dec 2012). You may access SAM at www.sam.gov.

Contractors/Vendors wanting to do business with the government are required to register in CCR and revalidate annually. This provides payment information, validates Small Business Administration certifications as small, disadvantaged, 8(a), or HUB-Zone businesses, calculates business size, and validates taxpayer IDs with IRS.

Federal Acquisition Regulation Part 4.1102, Policy, states that "Prospective Contractors" shall be registered with the CCR prior to award of contract or agreement.

To comply with the mandate, the contractor must obtain a Data Universal Numbering System (DUNS) Number. The DUNS No. is a 9-digit number assigned by Dun and Bradstreet Inc., to identify unique business entities. If the offeror (Contractor) does not have a DUNS Number, it should contact Dun and Bradstreet directly to obtain one by calling 1-866-705-5711 or via the internet at http://www.dnb.com. Refer to FAR Clause No. 52.204-6, Universal Numbering System (DUNS) Number (Dec 2012) The Contractor's DUNS No. will be used by the Government contracting office to verify if the contractor is registered in the CCR database.

The CCR database is a primary Government repository for Contractor information required for conduct of business with the Government.

Refer to FAR Clause No. 52.204-7, Central Contractor Registration (CCR) (Dec 2012). Contractors may obtain information on registration and annual confirmation requirements via the Internet at http:www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

NOTE: If at any time during the term of this contract, the Contractor changes its bank/financial institution, TIN or address information, it is the responsibility of the Contractor to make the changes in the Central Contractor Registration (CCR). The IHS does not have access to the Contractor's personal or financial information nor the approval to make changes for the Contractor.

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

C-1 Description: Contractor shall perform environmental engineering work, and oversight engineering and construction management services for IHS, Rural Utility Service (RUS), and Environmental Protection Agency (EPA) projects within the responsibility of the Albuquerque Area IHS. Albuquerque and Santa Fe District Offices, under the guidance of the respective District Engineer.

1. The contractor shall perform environmental engineering service for IHS sanitation facilities construction projects, including but not limited to the following:

a. Gathering field data (maps, survey information, as-built drawings, soils data, well information, etc.) as necessary to plan and design water wells, pumping equipment, pump houses, treatment equipment, water distribution systems, storage reservoirs, sewage collection systems, pump stations, sewage treatment equipment, sewage disposal equipment and solid waste transfer stations.

b. Developing of professionally engineered and PE stamped detailed construction cost estimates, right-of-way documents, construction drawings, technical specifications, and contract documents for construction of proposed facilities.

c. Development of Statement of Work (SOW) through collection of field and program input.

d. Collecting record information upon completion of construction and development of as-built drawings operation and maintenance manuals.

e. Preparing transfer agreements and project final reports for close-out of completed projects.

f. Completion of preliminary design and engineering studies for water waste water systems, including, but not limited to Computer Hydraulic Modeling.

g. Completion of environmental documentation to meet IHS, USDA-RUS, and National Environmental Protection Act (NEPA) requirements.

2. The contractor shall perform oversight engineering and construction management services for the IHS sanitation facilities construction projects to meet the government contracting and/or USDA-RUS, and EPA requirements, including, but not limited to the following:

a. The contractor shall provide project management.

1. Prepare necessary contracting paperwork for review by IHS District Engineer.

2. Participate in negotiation of project pricing with contractors and recommend approval of negotiated price.

3. Monitor overall project flow and follow up on necessary items to assure time schedule is met and keep customers informed on progress.

4. Maintains up-to-date project files according to Division and IHS standards.

5. Performs plan and specification reviews of Architect/Engineer work on proposed projects.

6. Attend pre-construction and progress meetings.

7. Prepare reports (inspection and site visit).

8. Investigate and resolved problems related to design and construction phases of a project (may require a written report).

9. Review the schedule of values and progress schedules provided by the contractor.

10. Review pay requests and make recommendations for approval.

11. Assure, during each site visit, that complete and current drawings and specifications are being maintained by the contractor.

12. Review shop drawings submitted by contractors and recommend for approval.

13. Review contractor furnished data and literature on installed equipment and systems for completeness of operation and maintenance manual.

14. Prepare project closeout documents.

15. Contractor shall keep track of their hours of work issued under task orders and notify contractor office representative when they are nearing the allocated number of hours or mileage.

3. The contractor shall conduct construction inspections.

1. Conduct periodic inspection of construction work to assure contractor is providing materials and work in accordance with drawings and specifications.

2. Prepare written report of inspections and site visits.

3. Conduct final project inspections and prepare punch list for uncompleted items.

4. Recommend final acceptance of a project.

C-3 Contractor Responsibilities

a. Pursuant to the Public Law (PL) 101-630, Indian Child Protection and Family Violence Prevention Act and Public Law (PL) 101-647, Crime Control Act, the Contractor shall be responsible for completion of all applications and forms required for the purpose of a background character investigation. If the Contractor is a group practice, all professionals scheduled to provide services at the designated IHS facilities are required to complete the appropriate forms. The Contractor shall be required to schedule an appointment with the General Service Office representative for completing the forms and for fingerprinting.

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

SECTION D - PACKING AND MARKING

D-1 MARKING:

None

SECTION E - INSPECTION AND ACCEPTANCE

E-1 INSPECTION OF SERVICES FIXED-PRICE (Aug 1996)

(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 to 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 reperformance, 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.

E-2 REVIEW, APPROVAL AND EVALUATION:

The Contracting Officer or his/her duly authorized representative shall review and approve services provided under the terms and conditions of the contract.

The Contracting Officer, the designated Government Project Officer and the Contractor shall evaluate the services during the term of the contract and the report of the evaluation will be made a part of the official contract file. The Evaluation will be objective and directed toward the progress made in meeting contract objectives and statement of work, resolve problems encountered, clarify issues that may arise unexpectedly and to evaluate the accomplishments. The evaluation will be conducted on dates mutually agreed to by all parties.

E-3 QUALITY ASSURANCE:

The Contractor's performance shall be subject to review as part of the Albuquerque Indian Service Quality Assurance Program. The review will consist of assignments accomplished and supervisory review of work. The Contractor is required to correct any deficiencies identified. Failure to take corrective action may result in termination of the contract, and may also be terminated for cause if facilities are endangered or harmed as a result of the Contractor's action.

E-4 METHODS FOR ASSESSMENT OF CONTRACT PERFORMANCE

Overall evaluation of the Contractors performance in meeting the terms of the contract will be conducted by utilizing patient medical reports, discrepancies and/or valid complaints, and liaison meetings to monitor results of these services to clients.

The Contractor will be informed if any quality of work problems are identified by the IHS Project Officer and the Contractor shall take appropriate action within appropriate timeframes specified by the Government.

SECTION F - DELIVERIES OR PERFORMANCE

F-1 PERIOD OF PERFORMANCE:

a. Performance of this contract will be for a twelve month period, or date of award, for the base period and shall not extend beyond the completion date of August 31, 2014 unless changed by a written modification to the contract.

F-2 OPTION YEAR PERIOD OF PERFORMANCE:

If the Government exercises its option to renew pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, the following schedule shall prevail:

Year Option Period

1st Year Option: September 1, 2014 through August 31, 2015 2nd Year Option: September 1, 2015 through August 31, 2016 3rd Year Option: September 1, 2016 through August 31, 2017 4th Year Option: September 1, 2017 through August 31, 2018

F-3 HOURS AND PLACE OF PERFORMANCE:

The Contractor shall perform services within the Department of the Office of Environmental Health and Engineering, Division of Sanitation Facilities Construction. The hours of business operations for the OEH&E, DSFC are usually from 8:00 am to 5:00 pm, Monday through Friday, except on Federal Holidays. Services will not be performed on Federal holidays.

Most of the Engineers will perform their design work in their own facilities and an perform field activities without reporting to the OEH&E/DSFC office.

F-4 DELIVERABLES AND REPORTING REQUIREMENTS:

The Contractor shall be required and be responsible for preparation and submission of the following reports as scheduled during the performance of the contract:

Deliverables and reporting requirements to be established with each task order. Contractor performance will be documented at the end of each Task Order and before payment is made.

Contractors will be required to travel to jobsites and will be reimbursed under applicable GSA rates for travel and per diem.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 ACCOUNTING AND APPROPRIATION DATA:

Each task order issued shall contain the accounting and appropriation data for obligation of funds.

G-2 CONTRACTING OFFICER RESPONSIBILITY:

The authorities to negotiate changes in the terms and conditions or the amounts cited in the contract are reserved to the Contracting Officer.

G-3 Designation of Contracting Officer Representative (COR):

The primary Contracting Officer Representative (COR) assigned to this contract is: Chris A. Bradley, P.E., Albuquerque Area Office, 5300 Homestead Rd. NE, Albuquerque, NM 87110, and Telephone No. (505) 248-4595. Alternate COR Mark A. Nasi, P.E. same address as above, Telephone No. (505) 248-4068.

Each primary and alternate COR are responsible as follows:

The project officer listed above is hereby designated to monitor the performance of this order on behalf of the Government. The Project Officer will provide no supervisory or instructional assistance to Contractor personnel. The Project Officer's function is primarily to provide the Contractor with working data. The Project Officer is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the Ordering Officer for action. The acceptance of any change by the Contractor without specific approval and written consent of the Ordering Officer will be at the Contractor's own risk.

G-4 INVOICE SUBMISSION:

The Contractor shall submit invoices directly to the following address:

Division of Accounting Services Indian Health Service 5300 Homestead Road NE Albuquerque, New Mexico 87110.

The following information must be on each invoice.

-Contract No cited on the first page of the award.

-Contractor's Name and Address -Date of Invoice period -Hours of services provide during the invoiced period.

-Invoice No.

-Invoice signed and dated, and to include the following certification:

"I hereby certify that all services provided and invoiced are for appropriate purposes and in accordance with the terms and conditions of the cited contract" The Contractor shall be compensated at the agreed contract amount based on invoices submitted and only for services in direct performance of this contract.

Overtime compensation is not authorized unless specifically included in the scope of work and prior approved.

Training and training expenses are not covered by this contract, unless it is included as; training required by IHS for new technology or as requirement of the IHS and IHS itself has not had the required training to carry out its mission.

The contract terms and conditions does not allow for accrual of annual or sick leave or other fringe benefits.

Per mandate by the U. S. Department of Treasury and effective July 1996, PAYMENT OFFICE

The payment office is:

Albuquerque Indian Health Service Attn: Division of Accounting Services 5300 Homestead Road, NE Albuquerque, New Mexico 87110

(505) 248-4586

Electronic Funds Transfer (EFT) Disbursed by:

U. S. Department of Treasury Office of Disbursements Austin, TX 73301

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER DELIVERABLIES:

A. The Contractor is not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70) B. Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the Property of the Albuquerque Area Indian Health Service, and (OEH&E/DSFC).

C. The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Dissemination of information, prior approval shall be obtained from the Government Contracting Officer for the release or dissemination of information related to this contract.

H-2 CONTRACTOR RESPONSIBILITY

(a) The Contractor is responsible for maintaining satisfactory standards of conduct, competency, appearance and integrity while on the premises of the Albuquerque Indian Health Center (Sanitation Facilities Construction District Office) in Albuquerque, New Mexico, and Santa Fe Indian Hospital (Sanitation Facilities Construction District Office).

(b)The Contractor is responsible for maintaining reliable transportation and the mandatory financial liability coverage.

(c)Transportation is not provided by the Government and is the Contractor(s) responsibility.

(d) The Contractor is responsible for notifying the designated IHS Project Officer or his authorized representative.

H-3 GOVERNMENT FURNISHED MATERIALS & SUPPLIES/OFFICE FACILITIES/EQUIPMENT

The Government is responsible for furnishing computer government supplies to perform duties during the scheduled working hours.

I-1 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): http//www.arnet.gov/far/current/html

I-2 52.202-1 Definitions 1/2012 I-3 52.203-3 Gratuities 4/1984 I-4 52.203-5 Covenant against Contingent Fees, 4/1984 I-5 52.203-6 Restrictions on Subcontractor Sales to the Government 9/2006 I-6 52.203-7 Anti-Kickback Procedures 10/2010 I-7 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal and Improper Activity 1/1997 I-8 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 1/1997 I-9 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 10/2010 I-10 52.204-4 Printed or Copied Double-Sided on Recycled Paper 8/2000 I-11 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 9/2006 I-12 52.204-9 Personal Identity Verification of Contractor Personnel 9/2007 I-13 52.215-2 Audit and Records Negotiation 10/2010 I-14 52.215-8 Order of Precedence-Uniform Contract Format 10/1997 I-15 52.217-8 Option to Extend Services 11/1999 I-16 52.219-8 Utilization of Small Business Concerns 5/2004 I-17 52.219-9 Small Business Subcontracting Plan 1/2011 I-18 52.222-3 Convict Labor 6/2003 I-19 52.222-26 Equal Opportunity 3/2007 I-20 52.222-35 Equal Opportunity for Veterans 9/2010 I-21 52.222-36 Affirmative Action for Workers with Disabilities 10/2010 I-22 52.222-37 Employment Reports on Veterans 9/2010 I-23 52.223-6 Drug-Free Workplace 5/2001 I-24 52.224-1 Privacy Act Notification 4/1984 I-25 52.224-2 Privacy Act 4/1984 I-26 52.225-13 Restrictions on Certain Foreign Purchases 6/2008 I-27 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 12/2007 I-28 52.229-3 Federal, State and Local Taxes 2/2013 I-29 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) 2/2013 I-30 52.232-1 Payments 4/1984 I-31 52.232-8 Discounts for Prompt Payment 2/2002 I-32 52.232-11 Extras 4/1984 I-33 52.232-17 Interest 10/2010 I-34 52.232-23 Assignment of Claims 1/1986 I-35 52.232-25 Prompt Payment 10/2008 I-36 52.232-33 Payment by Electronic Funds Transfer Central Contractor Registration 10/2003 I-37 52.233-1 Disputes (Alternate I) 7/2002 I-38 52.233-3 Protest after Award 8/1996 I-39 52.233-4 Applicable Law for Breach of Contract Claim 10/2004 I-40 52.237-7 Indemnification and Medical Liability Insurance (1/1997) I-41 52.242-13 Bankruptcy 7/1995 I-42 52.243-1 Changes (Fixed-Price) 8/1987 I-43 52.244-2 Subcontracts 10/2010 I-44 52.244-5 Competition in Subcontracting 12/1996 I-45 52.246-25 Limitation of Liability Services 2/1997 I-46 52.249-2 Termination for Convenience of the Government (Fixed-Price) 5/2004 Health & Human Services Acquisition Regulation Clauses (48 CFR Chapter 3)

I-47 352.202-1 Definitions 1/2006 I-48 352.224-70 Confidentiality of Information 1/2006 I-49 352.232-9 Withholding of Contract Payments 1/2006 I-50 352.270-2 Indian Preference 4/1984 I-51 352.270-3 Indian Preference Program 4/1984 I-52 352.270-6 Publications and Publicity 7/1991 I-53 352.270-7 Paperwork Reduction Act 1/2001 I-54 352.270-12 Pro-Children Act 1/2006 I-55 352.270-17 Crime Control Act 1/2006 I-56 352.270-18 Crime Control Act - requirement for background checks 1/2006

FAR Clauses written in full text:

52.204-1 Approval of Contract (12/89) The contract is subject to the written approval of Veronica Zunie, Contracting Officer, and shall not be binding until so approved.

52.216-18 Ordering (10/95)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders maybe issued from date of award through contract expiration date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (10/95)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2080 per hour; the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 2080 hours;

(2) Any order for a combination of items in excess of 2080 hours;

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements. (10/95)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2014.

52.217-9 Option to Extend the Term of the Contract. (3/00)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

SECTION J - List of Documents, Exhibits, and Other Attachments.

J-1 Complete and return the form “Addendum to Declaration to Federal Employment, Indian Child Care Worker Positions/Contracts” J-2 Health Insurance and Portability Accountability Act, Business Agreement.

J-3 Wage Determination No. 2205-2361, Revision No. 14

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS:

To be completed by the Offeror: (The Representation and Certifications must be executed by the individual authorized to bind the offeror).

The offeror makes the following Representations and Certifications as part of the offer (Please check or complete all appropriate boxes or blanks. Some items may not be applicable to the offeror, these items must still be check or completed as a negative response).

Name of Offeror:

Typed Name of Authorized Individual:

Signature of Authorized Individual:

Date:

52.203-2 Certificate of Independent Price Determination (4/85) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (9/07) 52.204-3 Taxpayer Identification (10/98) 52.204-6 Data Universal Numbering System (DUNS) Number (12/12) 52.204-7 Central Contractor Registration (12/12)

52.203-2 Certificate of Independent Price Determination (4/85)

(a) The offeror certifies that- The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to- (i) Those prices; (ii) The intention to submit an offer;, or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory - (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction (09/07)

(a) Definitions. As used in this provision “Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.204-3 TAXPAYER IDENTIFICATION (10/98)

(a) Definitions.

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

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offerors relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offerors TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN: ______________________________.

___ TIN has been applied for.

___ TIN is not required because:

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

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ________________________.

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name _____________________________

TIN ______________________________

52.204-5 Women-Owned Business (Other Than Small Business) (05/99)

(a) Definition. “Women-owned business concern,” as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ___is a women-owned business concern.

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (12/2012)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

52.204-7 CENTRAL CONTRACTOR REGISTRATION (12/2012)

(a) Definitions. As used in this clause-- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that prospective awardees shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 numbers that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are __are not __presently debarred, suspended, proposed…