Solicitation_17-102-SOL-00028.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

TBD

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

17-102-SOL-00028

6. SOLICITATION ISSUE

DATE March 27, 2017

7. FOR

SOLICITATION

INFORMATION CALL:

a. NAME Robert Sim robert.sim@ihs.gov

b. TELEPHONE NUMBER (No collect calls)

206-615-2452

8. OFFER DUE DATE/

LOCAL TIME

April 17, 2017 at 2:00 PM Pacific Standard Time

9. ISSUED BY: CODE 199 10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE: 100% FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611430

SIZE STANDARD: $11 million

11. DELIVERY

FOR FOB

DESTINATION

UNLESS

BLOCK IS

MARKED

SEE

SCHEDULE

12. DISCOUNT TERMS

Indian Health Service-DES

701 Fifth Avenue, Suite 1600 MS/24 Seattle, WA 98104

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR

700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 199

Indian Health Service Office of Environmental Health and Engineering 5600 Fishers Lane Rockville, MD 20857

Same as Block 9

17a CONTRACTOR/OFFEROR CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Indian Health Service Office of Environmental Health and Engineering 5600 Fishers Lane Rockville, MD 20857

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Price Schedule on Page 2

25. ACCOUNTING AND APPROPRIATION DATA

See Attached Schedule

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NO.

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER

NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012)

SECTION B

SCHEDULE of ITEMS

1. The Indian Health Service (IHS) seeks proposals for a contract to provide management and technical assistance on the IHS Health Facilities Data System (HFDS) and other data systems used by the Division of Facilities Operations (DFO). The contractor is essential for keeping these systems operational, improving and enhancing the systems as needed, acting as a liaison between the existing web developer contractor and DFO and providing technical support to end users as well as providing data analysis and reporting to management.

It has been determined to issue this Senior Developer Services solicitation as a commercial item, which is subject to Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-92 dated November 18, 2016.

2. The Contractor shall provide all labor rates in accordance with the requirements of this contract to perform all operations in connection with the Statement of Work (SOW) under Section C.

3. The contract term is for a one-year base period with four one-year option periods. The Government may exercise the option period(s) unilaterally.

4. Schedule of Items:

CLIN Taxonomy (Item Name) Rate per Hour Extended Total

0001 Base Year – 1,831 total hours

$ / hour

0002 Option Year One (1) – 1,831 total hours

0003 Option Year Two (2) – 1,831 total hours

0004 Option Year Three (3) – 1,831 total hours

0005 Option Year Four (4) – 1,831 total hours

Price Schedule Notes:

1. Offerors shall submit pricing for each line item in the above schedule. Failure to quote in this manner may result in quotation rejection. Each price shall be a fully burdened (billable rates inclusive of all costs) to cover all direct and indirect charges, burdened to include, but not limited to, the following: Direct labor, fringe benefits, materials, subcontracts, overhead, general and administrative, quality control, supervision, support functions, facilities capital, cost of money and profit.

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

INTRODUCTION

The Indian Health Service (IHS) seeks proposals for a contract to provide management and technical assistance on the IHS Health Facilities Data System (HFDS) and other data systems used by the Division of Facilities Operations (DFO). The contractor is essential for keeping these systems operational, improving and enhancing the systems as needed, acting as a liaison between the existing web developer contractor and DFO and providing technical support to end users as well as providing data analysis and reporting to management.

PROJECT BACKGROUND

Initial development of the HFDS was developed in the 1990s by in house staff using MS Access and SQL Server.

Over the years the system has evolved in complexity and into a web based application. Also, the client-server MS Access based version is still maintained for headquarters use for administrative features.

Additionally, DFO has several other web applications and client server MS Access based applications that are mostly maintained by DFO’s IT Specialist.

IHS has had a contractor assisting DFO with these systems for more than 20 years. Additionally, there is a separate contract for web development services.

SCOPE

The IHS's health facilities database - HFDS – is currently both a ColdFusion Web Application (ColdFusion 11 front-end, SQL Server 2012 back-end) as well as a client-server database application (Microsoft Access GUI front-end and a Microsoft SQL Server 2012 database backend). The Senior Specialty Software Developer will act as a liaison between the Division of Facilities Operations (DFO) and the Web Developer Contractors for all web application maintenance and enhancement requests. Additionally, they will be directly responsible for all development, maintenance and enhancements of the headquarters client server version of the HFDS. There are over 150 Tables, 200 Views, 400 Forms and Sub-Forms, 350 Reports and Sub-Reports. Almost all forms and some reports take advantage of Microsoft Access Visual Basic Scripting. The database supports Federal Financial Accounting Standard 6 and audit requirements; and Federal asset management initiatives promulgated by the Federal Real Property Council through the implementation of Executive Order 13327, Federal Real Property Asset Management.

The Senior Specialty Software Developer shall possess a master level knowledge of the facilities database systems as well as real property asset management and Federal Financial Accounting Standard 6. HFDS is a unique database solely used by the IHS. Finally, they will assist DFO’s IT Specialist with all of the division’s other Cold Fusion web applications and client server MS Access applications.

Mandatory knowledge and skills include:

1. Master level knowledge of:

a. Microsoft SQL Server

b. Microsoft Access 2000 and above

c. Visual Basic for Access and Visual Basic

d. Federal real property and auditing standards.

2. Proficient in:

a. ColdFusion

b. Web Development

c. HTML

d. Javascript.

3. Demonstrated knowledge of:

a. Data systems related to healthcare facilities-management activities

b. Data systems related to real property asset management activities

c. Data systems related to electronic document storage and retrieval

d. Data systems related to financial accounting and reporting

e. Federal Financial Accounting Standard 6 and audit requirements;

f. Federal asset management initiatives promulgated by the Federal Real Property Council through the implementation of the President’s Management Agenda and Executive Order 13327, Federal Real Property Asset Management;

g. Federal Energy-Sustainability initiatives promulgated by the Energy Policy Act of 2005;

h. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d)

i. Database concepts and computer information systems necessary to maintain and develop large software systems needed to support the agency and multiple programs nationwide

4. Knowledge of full software development life cycle as it relates to relational databases to evaluate and/or develop changes in systems and advise on the use of the systems;

END OF SECTION C

SECTION D

PACKAGING AND MARKING

-------NA-------

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

52.212-4 Contract Terms and Conditions—Commercial Items. (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

ADDENDUM TO FAR 52.212-4

PERIOD OF PERFORMANCE

(a) CLIN 0001, the base period of performance for this contract shall commence July 1, 2017 and end June

30, 2018. The contract includes four one year option periods that may be exercised. If an option period is exercised, the period of performance is extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

CLIN Period Start Date End Date 0002 Option I July 1, 2018 June 30, 2019 0003 Option II July 1, 2019 June 30, 2020 0004 Option III July 1, 2020 June 30, 2021 0005 Option IV July 1, 2021 June 30, 2022

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION DATA

1. Administration of this contract is under the cognizance of the Indian Health Services, Department of Engineering Services.

a. The Contracting Officer for this procurement is:

Robert Sim IHS/Division of Engineering Services 701 5th Avenue, Suite 1600, MS-24 Seattle, WA 98104 Telephone: (206) 615-2452 robert.sim@ihs.gov

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The COR will be designated at time of award by a separate letter and will be designated as the Contracting

Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number: __________________

Email: _________________________

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of Clause)

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

ADDENDUM TO FAR 52.212-4

1. WORKING PAPERS/DATA TO BE DELIVERED

(a) The Contractor shall provide, at the request of the Contracting Officer, all the working papers used by the participating officials and employees of the Contractor in connection with this project.

(b) Any working papers, interim reports, data given by the Government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer.

(c) In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered “PROPRIETARY DATA” and are not subject data to be delivered under this contract. The rights to data developed, if any, in the execution of the services required by this contract shall become the sole property of the Government,

2. USE OF GOVERNMENT – DATA (REPORTS/FILES/INFORMATION TECHNOLOGY)

Any data given to the Contractor by the Government shall be used only for the performance of the contract unless the Contracting Officer specifically permits another use, in writing. Should the Contracting Officer permit the Contractor the use of Government-supplied data for a purpose other than solely for performance of this contract and, if such use could result in a commercially viable product, the Contracting Officer and the Contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form of a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines is adequate compensation for the use of these data.

Upon the request of the Contracting Officer, or the expiration date of this contract, whichever shall come first, the Contractor shall return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the data be retained by the Contractor for a specific period of time, which period shall be subject to agreement by the Contractor. Whether the data are to be returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the Contractor may refuse to retain the data. The Contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the Contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.

3. SECURITY / BACKGROUND CHECK

Contractor will be required to successfully complete a background investigation through e-QIP, initiated by the Indian Health Service. The Contractor will also be required to obtain a Department of Health and Human Services identification card, using the HHS-745. Temporary access will be provided during the investigation, which will last 3-6 months. If for any reason the key person fails to pass the background investigation, the contractor may offer a similarly qualified individual, based on the qualifications included in the solicitation and resulting contract, and as deemed acceptable by the Government. If no acceptable replacement is identified within 2 business days, the contract will be terminated for cause at no cost to the Government in accordance with the terms and conditions of this contract and applicable laws and regulations.

4. SECURITY PRECLEARANCE

(a) Performance of this contract will require routine access by employees of the Contractor or its subcontractors to facilities or systems controlled by the Indian Health Service (IHS).

(b) Before starting work requiring routine access to IHS facilities or systems each person must complete a

FBI National Criminal History Check (fingerprint check) adjudicated by an IHS employee using the Office of Personnel Management Personnel Investigations Processing System. Contractors shall allow five business days for IHS processing of fingerprints taken electronically at an IHS site and thirty business days for non-electronic processing of fingerprints using FBI Form FD-258. A list of IHS sites with electronic fingerprint capability is available from the Contracting Officer.

(c) In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the HHS Office of Inspector General List of Excluded Individuals/Entities (LEIE), http://exclusions.oig.hhs.gov. As soon as practicable prior to the start of work, the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of the work for screening against the LEIE. During performance the Contractor shall provide to the Contracting Officer the names of any additional or substitute employees for screening before they begin work.

(d) The Contractor is responsible for conducting security preclearance investigations in sufficient depth to assure that each Contractor or subcontractor employee referred to IHS is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Time-and-Materials, Labor-Hour or Cost-Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform because of denial of access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed-Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

5. CONTRACTOR ACCCESS AND TERMINATION FROM ACCESS TO IHS BUILDINGS

(a) IHS is a professional environment and contractor personnel coming onto the premises are advised that it is a non-smoking environment as well. Contractor personnel and the COTR shall coordinate regarding the need for contractor access to the facility and the possible need for badges to allow for such access.

Security procedures defined in paragraph 10 are applicable prior to obtaining a badge for contractor employees.

(b) In the event that the contractor terminates an employee working on this contract, or an employee working on this contract voluntarily leaves the employment of the contractor and that employee has been issued a contractor’s badge by IHS for access to IHS buildings. The contractor shall immediately take the following actions:

(1) Secure the IHS contractor’s badge from the employee;

(2) Formally advise the contracting officer that the individual is no longer an employee of the contractor, and;

(3) return the badge with the notification to the contracting officer.

6. CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM

(a) Past Performance Evaluation In accordance with Federal Acquisition Regulation (FAR) 42.15, IHS will complete annual and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

IHS will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.csd.disa.mil/cparsmain.htm. IHS will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor's primary and alternate CPARS contacts. Once IHS registers the contractor in CPARS, the Contractor will receive an automated CPARS email message that contains User IDs and instructions for creating a password.

(b) Past Performance Registration Once a performance evaluation is issued, the Contractor's primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by IHS. Any disagreement between the Contracting Officer and the Contractor will be referred to the Chief of the Contracting Office (Engineering Services-Seattle), whose decision will be final.

Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the Past Performance Information Retrieval System (PFPRS) at www.PfPrs.gov.

Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm. There is no fee for registration or use of the CPARS.

GOVERNMENT-CONTRACTOR RELATIONSHIPS

The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the contract employees assigned as key personnel under this contract.

(End of Clause)

TRAVEL

Federal Acquisition Regulation (FAR) clauses 52.216-7, Allowable Cost and Payment; and 52.232-20, Limitation of Cost are applicable to the reimbursable items associated with the travel determined to be necessary in the performance of this contract. All travel, subsistence and local transportation in support of this contract will be in accordance with rates set by the Federal Travel Regulations. and at the actual cost with no markup applied.

END OF SECTION H

SECTION I

CONTRACT CLAUSES

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 two web addresses - This for FAR: https://www.acquisition.gov/far/ and this for HHSAR: http://www.hhs.gov/policies/hhsar/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.203-6 Restrictions on Subcontractor Sales to the Government, Alt I (Oct 1995)

Sep 2006

52.203-16 Preventing Personal Conflicts of Interest. Dec 2011

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011

52.204-10 Reporting Executive Compensation And First-Tier Subcontract Awards

Oct 2016

52.204-13 System for Award Management Maintenance. Oct 2016

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment

Oct 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Jul 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items

Jan 2017

52.219-8 Utilization of Small Business Concerns Nov 2016

52.219-28 Post-Award Small Business Program Re-representation Jul 2013

52.222-3 Convict Labor Jun 2003

52.222-21 Prohibition Of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Sep 2016

52.222-35 Equal Opportunity for Veterans Oct 2015

52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014

52.222-37 Employment Reports on Veterans Feb 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

Dec 2010

52.222-50 Combating Trafficking In Persons Mar 2015

52.222-54 Employment Eligibility Verification Oct 2015

52.222-60 Paycheck Transparency (Executive Order 13673) Oct 2016

52.223-18 Contractor Policy To Ban Text Messaging While Driving Apr 2011

52.225-13 Restrictions On Certain Foreign Purchases Jun 2008

52.232-33 Payment By Electronic Funds Transfer—System for Award Management

Jul 2013

52.233-3 Protest after Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.239-1 Privacy or Security Safeguards Aug 1996

52.243-1 Changes -- Fixed-Price Alternate I. Aug 1987

52..249-4 Termination for Convenience of the Government Apr 1984

52.249-8 Default (Fixed-Price Supply and Service) Apr 1984

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference http://www.hhs.gov/policies/hhsar/

Number Title Date

302.101 Definitions Dec 2015

352.203-70 Anti-lobbying Dec 2015

352.208-70 Printing and Duplication Dec 2015

352.211-1 Public Accommodations And Commercial Facilities Dec 2015

352.211-3 Paperwork Reduction Act Dec 2015

352.222-70 Contractor Cooperation in Equal Employment Opp. Investigations Dec 2015

352.224-70 Privacy Act Dec 2015

352.226-1 Indian Preference Dec 2015

352.226-2 Indian Preference Program Dec 2015

352.226-3 Native American Graves Protection And Repatriation Act Dec 2015

352.227-70 Publications And Publicity Dec 2015

352.237-75 Key Personnel Dec 2015

352.237-71 Crime Control Act of 1990 – Reporting of Child Abuse Dec 2015

352.237-74 Non-Discrimination In Service Delivery Dec 2015

352.239-74 Electronic And Information Technology Accessibility Dec 2015

I.5 FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the contract’s last option year (4).

(End of clause)

I.6 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor 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 and Section I.5, shall not exceed five years six months.

(End of Clause)

I.12 HHSAR 352.226-1 Indian Preference (Dec 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain statistical records as are necessary to indicate compliance with this paragraph.

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

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

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUB Zone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses;

veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) "Indian" means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual to provide evidence within 30 days from the Tribe concerned that the person is a member of the Tribe.

(2) "Indian Tribe" means an Indian Tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(3) "Indian organization" means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C.

1451).

(4) "Indian-owned economic enterprise" means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

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

I.13 HHSAR 352.226-2 Indian Preference Program (DEC 2015)

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

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

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

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

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

Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—:

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

(ii) A statement indicating that preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with section 7(b) of Public Law 93–638 [88 Stat. 2205; 25 U.S.C.

450e(b)];

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

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

END OF SECTION I

SECTION J

LIST OF ATTACHMENTS

Attachments J.1 Past Performance Questionnaire

END OF SECTION J

SECTION K

REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 FAR 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):

Federal Acquisition Regulations - https://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Number Title Date

52.204-17 Ownership or Control of Offeror Nov 2014

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications.

Oct 2015

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS.

(JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’

Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans'

Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured…