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15-239-SOL-00029
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Department of Health and Human Services Indian Health Service

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15-239-SOL-0029 Page 1

TABLE OF CONTENTS:

Section A – Standard Form 18

Section B – Administration Data

Section C – Contract Clauses

Section D - Documents, Exhibits or Attachment

Section E - Provisions

SECTION – B

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B.1 CONTRACT ADMINISTRATION DATA

Contract Administration: All contract administration matters will be handled by the following individuals:

CONTRACTOR NAME AND ADDRESS:

TAX ID# _________________________

DUNS # _________________________

GSA # _________________________

Telephone: _________________________

E-Mail: _________________________

Person responsible for CPARS reporting if different from above:

Name: _________________________________

Title: _________________________________

Email: _________________________________

GOVERNMENT:

Cathy Bird Indian Health Service 522 Minnesota Ave.

Bemidji, MN 56601

NAICS:

The associated North American Industrial Classification System (NAICS) code for this procurement is:

561320 Temporary Help Services Business Size: $27.5

CONTRACT TYPE: firm-fixed price

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B.2 INVOICES

In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of services or receipt of a proper invoice, whichever is later.

INVOICE INSTRUCTIONS:

Contractor shall mail all invoices to – Indian Health Service Attn: Cathy Bird 522 Minnesota Ave NW Bemidji, MN 56601

At a minimum, a properly prepared invoice shall include:

a. Name and address of the Contractor.

b. Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

c. IHS Order No.

d. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

e. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

f. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

g. Contractor Taxpayer Identification Number (TIN). **

h. Contractor Dun & Bradstreet Number (DUNS). **

Improperly prepared invoices or statements shall be returned to the contractor and may delay payment.

B.3 PAYMENT

a. Payment shall be made by electronic funds transfer (EFT). Payment shall be made in arrears of service received.

Contractor shall be properly registered in www.sam.gov to allow for EFT payments. **

b. The Contractor’s rate identified for services described herein is considered as an all-inclusive rate. All inclusive is defined to include but is not limited to services, travel, lodging, liability insurance, fringe benefits, federal, state and local taxes, and all other costs pertinent to the performance of this contract.

ATTENTION:

** The Contractor Tax ID and Dun & Bradstreet Number provided prior to award shall be the same number combination used by IHS to establish the contract within the IHS financial management system allowing for electronic funds transfer. The Contractor shall provide the same number combination used to establish the company www.sam.gov registration. The Contractor shall identify the same number combination on all future invoices during the performance of this contract. IHS shall not be held liable (late fees, termination of service, http://www.sam.gov/ http://www.sam.gov/

15-239-SOL-0029 Page | 5 threats, or other actions) for late, nonpayment, or incorrect payments. Failure to provide correct and current data shall be viewed as noncompliance by the Contractor.

B.4 SCHEDULE OF PRICES/COSTS

Contractor shall provide unit pricing for claims in order to be eligible for contract award.

The pricing shall be firm fixed-price. The government does not guarantee all quantities will be used and shall be invoiced based on quantities actually ordered.

B.5 PLACE OF PERFORMANCE:

Indian Health Service (IHS) - White Earth Health Center (WEHC) 40520 County Hwy 34 Ogema, MN 56569

B.6 PERIOD OF PERFORMANCE:

This contract shall be for a period of one (1) year from date of award.

Monday through Friday, 8:00 am to 4:30 pm.

Not to exceed 40 hours per week.

B.7 FAR 52.237-7 INDEMNIFICATION AND LIABILITY INSURANCE.

It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: amount normally prevailing within the local community for the medical specialty concerned.

Date: DESCRIPTION Hours UNIT PRICE Estimated

Annual Total

Grand Total:

https://acquisition.gov/far/current/html/Subpart%2037_1.html#wp1082881

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B.8 PURPOSE OF CONTRACT

The contractor will provide quality improvement services for the WEHC, Naytahwaush Clinic, and Pine Point Health Center. Review current plans and policies. Identify problem areas, coordinate with appropriate department(s) to develop/update their action plans, development plans, policies and procedures for accreditation, quality insurance and improvement, compliance and risk management for resolution and continued monitoring.

B.9 BACKGROUND

1. The WEHC is responsible for the provision of health care services such a medical, dental, optometry, radiology, emergency, behavioral health, and lab. All IHS facilities must meet the requirements of a nationally recognized accrediting or certifying body. Accrediting organizations used by the IHS must meet the requirements for reimbursement from private insurance, Medicare, and Medicaid under the applicable State plan.

IHS is required to have accepted accrediting/certifying bodies, e.g., the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), the Health Care Financing Administration (HCFA), and the Accreditation Association for Ambulatory Health Care (AAAHC), etc.

B.10 PERFORMANCE WORK STATEMENT

a. Knowledge

1. Occupational Safety and Health Act of 1970

2. NFPA 101 Safety Code

3. NFPA99

4. Infection Control

5. Employee Health and Safety

6. Accreditation Association for Ambulatory Health Care ( AAAHC) Accreditation Requirements

7. COLA Accreditation Requirements,

8. American College of Radiology (ACR) Accreditation Requirements

9. Center for Medicare and Medicaid Services (CMS) Accreditation Requirements

10. Medical Credentialing

B.11 REPORTING REQUIREMENTS

a. Meetings shall be scheduled by IHS on a weekly basis to assign and monitor progress in a timely manner.

Cancellation notices to be sent 1 day in advance of scheduled meeting.

b. Full report and verification of charges provided monthly. Any discrepancies or questions shall be addressed in a timely manner between IHS and contractor.

B.12 PROFESSIONAL REQUIREMENTS

Qualifications/Requirements of Contractor Personnel

a. Personnel assigned by the Contractor to perform the services covered by this contract shall be proficient in written and spoken English.

b. Contractor must have professional healthcare experience.

15-239-SOL-0029 Page | 7

c. Contractor personnel entering any Indian Health Service facility shall prominently display a contractor-issued photo identification badge and valid State issued photo ID or Driver’s License. IHS personnel shall provide Contractor Representative with IHS visitor’s badge upon verification and approval of visitor.

B.13 SECURITY COMPLIANCE

a. Health and Human Services - Office of Inspector General (HHS/OIG) To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract.

Further, the Contractor is required to certify in its proposal that all persons or entities listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the list of Excluded Individuals/Entities.

b. Health Insurance Portability & Accountability Act (HIPAA ) Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information

(PHI).

c. Section 508 Compliance Rehabilitation Act of 1973 (29 U.S.C 794d) as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194).

B.14 CONTRACT PERFORMANCE MONITORING

a. Monitoring Monitoring of Contractor’s performance shall be demonstrated through administrative record reviews. The COR will be responsible for verifying contract compliance. Contracting Officer's Representative(s) (COR) will designate appropriate personnel to monitor services through one or a combination of the following mechanisms:

1. Departments being served will monitor Contractor performance to ensure that services called for in the contract have been received by IHS in a timely manner. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

2. Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records monitoring. IHS shall pay only for services actually provided, and in strict accordance with the Price Schedule (B.4). Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

3. Departments being served, through the COR(s), will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the contract have been fulfilled as agreed. This summary evaluation will be submitted 45 days prior to expiration of contract (and/or prior to election of option year renewals, if applicable).

c. Contracting Officer Representative (COR).

The role of program and technical personnel in monitoring the contract is to assist and advise the Contracting Officer, and act as the COR when so designated by the Contracting Officer. The COR does not have the authority to change or alter the order amount, terms and conditions.

15-239-SOL-0029 Page | 8

COR activities include—

• Providing technical monitoring during contract performance and advising the Contracting

Officer relating to delivery, acceptance, or rejection of deliverables in accordance with the terms of the contract;

• Assessing contractor performance;

• Recommending necessary changes to the schedule of work and period of performance to accomplish the objectives of the contract (The COR shall provide the Contracting Officer a written request along with an appropriate justification and a funding document, if additional funds are needed.);

• Reviewing invoices/vouchers and recommending approval/disapproval by the Contracting Officer, including providing comments regarding anything unusual discovered in the review;

• Reviewing and recommending approval or disapproval of technical submissions, subcontractors, overtime, travel, and key personnel changes;

• Assisting the Contractor in the resolution of technical problems encountered during performance;

• Participating, as necessary, in various phases of the contract closeout process;

SECTION – C / CLAUSES

15-239-SOL-0029 Page 9

C.1 FEDERAL ACQUISITION REGULATION (FAR)

52.252-2 CLAUSES IN CORPORATED BY REFERENCE.

This contract incorporates one or more clauses by reference, with 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 address: www.acquisition.gov

52.204-13 System for Award Management Maintenance. (Jul 2013)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (May 2015)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.232-18 Availability of Funds.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond 09/30/2016. 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 09/30/2016, 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. (End of clause)

C.2 HEALTH & HUMAN SERVICES ACQUISTION REGULATION (HHSAR)

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 address: http://www.hhs.gov/policies/hhsar/subpart301-1.html

352.201-70 Paperwork Reduction Act 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) 352-223-70 Safety and Health (January 2006) 352.224-70 Privacy Act (January 2006) 352.227-70 Publications and Publicity 352.237-70 Pro-Children Act 352.237-72 Crime Control Act of 1990—Requirement for Background Checks (January 2006) 352.239-72 Security Requirements for Federal Information Technology Resources (January 2010) 352.242-70 Key Personnel (January 2006) 352.242-71 Tobacco-free Facilities (January 2006) http://www.acquisition.gov/ http://www.hhs.gov/policies/hhsar/subpart301-1.html

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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D.1 APPLICABLE DOCUMENTS:

• Federal Acquisition Regulations (FAR): http://www.acquisition.gov/far

• Health And Human Services Acquisition Regulation (HHSAR) http://www.hhs.gov/regulations/hhsar/subpart301- 1.html

• Health Insurance Portability and Accountability Act (HIPAA) of 1996. http://www.ihs.gov/hipaa/

• Privacy Act of 1974. http://www.ihs.gov/PrivacyAct/documents/privacy-act-1974.pdf

• Public Law 107-347, The E-Government Act of 2002, Title III—Information Security, cited as the Federal Information Security Management Act of 2002 (FISMA), December 17, 2002. http://csrc.nist.gov/groups/SMA/fisma/

• IHS IT Security Directives. http://www.hhs.gov/ocio/securityprivacy/index.html

• FAR 52.222-49 Service Contract Labor Standard-Place of Performance Unknown (May 2014)

• Public Law 91-596: Occupational Safety and Health Act (OSHA): www.osha.gov

• NFPA 101: Life Safety Code

• NFPA 99: Health Care Facilities Code

• Accreditation Association for Ambulatory Health Care (AAAHC): www.aaahc.org

• COLA: www.cola.org

• Centers for Medicare & Medicaid Services (CMS): https://www.cms.gov/

D.2 DEFINITIONS

Acceptance: the act of an authorized representative of the Government by which the Government, for itself or as agent of another, assumes ownership of existing supplies tendered, or approves specific services rendered as partial or complete performance of the contract (Refer FAR 52.212-4 (a)), Approval: Acknowledgment by the designated Government employee that submittals, deliverables, or administrative documents conform to the contractual requirements.

Area: A defined geographical region for IHS administrative purposes. Area Offices may administer several service units.

Contracting Officer (CO): serves as an agent of the government whose acts are binding on the principal to the extent that these acts are within the authority given to the Contracting Officer. Also, means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings

Contract: means a mutually binding legal relationship obligating the seller to furnish the supplies or services

Contractor: The seller awarded a contract and shall provide supplies and/or services to the government.

http://www.acquisition.gov/far http://www.hhs.gov/regulations/hhsar/subpart301-1.html http://www.hhs.gov/regulations/hhsar/subpart301-1.html http://www.ihs.gov/hipaa/ http://www.ihs.gov/PrivacyAct/documents/privacy-act-1974.pdf http://csrc.nist.gov/groups/SMA/fisma/ http://www.hhs.gov/ocio/securityprivacy/index.html mailto:info@aaahc.org

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Federal Acquisition Regulations (FAR): is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies

Contract Officer Representative (COR): Contracting Officer’s Representative (COR). The CO authorizes the COR to perform functions in administering the technical aspects of the contract. This includes but not limited to: correspondence directly with the Contractor with copies to the CO; hold conferences; approve all technical data submitted by the contractor; and provide technical monitoring during contract performance. The COR has no authority to change or modify the contract.

Non-personal Health Care Services (FAR Subpart 37) as defined in the FAR, the contractor will perform independently and not as an agent of the Government. Not intended to create an employer-employee relationship between Contracted personnel and the Government. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment); The contractor hereby agrees to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor shall maintain medical liability insurance.

D.3 SECURITY NOTICE

HHS-Controlled Facilities and Information Systems Security

(a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

(b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy.

(2) HHS Office of Security and Drug Testing, Personnel Security/

Suitability Handbook, dated February 1, 2005.

(3) HHS HSPD-12 Policy Document, v. 2.0.

(c) This contract/order will entail the following position sensitivity level(s): “SENSITIVE”

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--

15-239-SOL-0029 P a g e | 12 see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

(g) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

(h) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.

D.4 ATTACHMENTS

a. Service Contract Act Wage Rates:

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ATTACHMENT “A”

WD 05-2285 (Rev.-15) was first posted on www.wdol.gov on 07/14/2015

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2285 Daniel W. Simms Division of | Revision No.: 15 Director Wage Determinations| Date Of Revision: 07/08/2015 Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

States: Minnesota, Wisconsin Area: Minnesota Counties of Aitkin, Becker, Beltrami, Carlton, Cass, Clay, Clearwater, Cook, Crow Wing, Hubbard, Itasca, Kanabec, Kittson, Koochiching, Lake, Lake of The Woo, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Pine, Polk, Red Lake, Roseau, St Louis, Wadena, Wilkin Wisconsin Counties of Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor, Washburn **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01020 - Administrative Assistant 20.26

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.)

(See 29 CFR 4.174)

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THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.

400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the

15-239-SOL-0029 P a g e | 15 employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.

gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

15-239-SOL-0029 P a g e | 16

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

SECTION E – SOLICITATION PROVISIONS

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E.1 52.212-1 Instructions to Offerors—Commercial Items (Apr 2014)

To be considered, prospective offeror’s shall submit a complete quotation and Resume by the closing date and time of this solicitation.

The Government intends to make an award without discussion therefore the initial quotation shall contain the offeror’s best price and technical standpoint. Contract provider and subcontractors shall be prepared to submit additional information upon request: proof of identification, employment eligibility verification, and any other information or paperwork needed to conduct a background investigation. Mail proposal, amendments, and revisions to the following address:

AGENCY CONTACT INFO: or Write:

Cathy Bird Indian Health Service Phone: 218/444-0537 Division of Acquisition Management Fax: 218/444-0484 522 Minnesota Ave NW Email: cathy.bird@ihs.gov Bemidji, MN 56601

All documents submitted must be clear and legible in order to be considered.

REQUIRED FORMS/INFORMATION:

a. Offeror’s are expected to examine the solicitation and all instructions. Failure to do so shall be at the offeror’s risk. Each offeror shall furnish the information required by the solicitation. The offeror shall be held responsible for full knowledge of all information contained therein.

b. Mailed proposals, amendments, and revisions: Shall be enclosed in the quantities specified elsewhere in this solicitation, in sealed envelopes. Offeror shall write “Proposal Documents Enclosed” and solicitation number on the package exterior.

Facsimile is not acceptable.

E-mailed proposals/amendments/inquiries:

All e-mailed correspondence shall have a proper e-mail subject line in the following format “Subject: 15-239-SOL-00029 / Quality Improvement” for identification purposes. Failure to properly label an e-mail correspondence as instructed may result in accidental deletion due to spam identification. IHS is not liable for incomplete e-mail transactions.

E-mailed attachments: Shall be formatted in a printer friendly version using standard copy paper size of 8-inches x 11-inches. Do not embed the proposal into the e-mail body, use attachments. Microsoft Word, PowerPoint, Excel, or PDF.

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

52.204-7 System for Award Management (Jul 2013) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications (Dec 2012)

E.3 Annual Representations and Certifications (Dec 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [561320].

(2) The small business size standard is [$27.5].

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

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□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222- 26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA– designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

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__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision) https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162560 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1139116 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1145584 https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

15-239-SOL-0029 PACKAGE
REVISED 15-239-SOL-0029
TABLE OF CONTENTS
Section B QA WEHC
SECTION C - CLAUSES (SAP)
Section D

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