16-235-SOL-00027_Art_Consultant_with_Attchs.pdf

Attachment 1- Performance Work

Statement (PWS)

“Art Consultant for Desert Sage YRTC”

PERFORMANCE WORK STATEMENT (PWS)

Art Consultant Services

Desert Sage Youth Regional Treatment Center (YRTC)

General Information: This is a Performance-based Statement of Work (PBSOW) that defines the requirements for the Desert Sage - Youth Regional Treatment Center (YRTC) Art Consultant Services for designing, purchasing, and placement of Art, for the Youth Regional Treatment Center in Hemet CA for the Indian Health Service (IHS), California Area Office (CAO), Sacramento, California. Within the PWS, “tribal” is referred to culturally appropriate pieces referred to the contractor by the IHS advisory committee. The usage of

1. Background. The Desert Sage YRTC facility is completed and is scheduled to begin operations early 2017. The facility will house up to 32 adolescent youths with substance abuse and behavior health issue. This is a new facility for adolescent youths with behavioral health issues and the art must be culturally appropriated (tribal) for the areas designated as tribal and then all other areas located within the facility, the procured art pieces needed to provide a calm and welcoming environment, but tribal art is not needed. The facility will have the tribal area and non-tribal area identified on a site map for the awardee.

2. Period of Performance. Contractor is to provide all labor, artistic skills, supplies and materials necessary to complete all art pieces purchases and installation of each art piece in accordance with the Performance Work Statement. The period of performance shall be 90 calendar days of contract award.

3. Government Furnished Equipment. None.

4. Description of Work. The contractor shall select, design layouts, purchase and install all

“tribal” and “non-tribal” artwork pieces for the Desert Sage Youth Regional Treatment Center in Hemet CA. INPORTANT: The “tribal” artwork has a budget of $60,000 (this is a fixed cost and will be invoiced to $60,000 for purchases only), again this is a fixed amount and shall be used only for “tribal” art purchases. The “tribal” art pieces will be suggested or a source for the art will be provided to the contractor by the southern tribal committee. The contractor shall also install each piece of artwork on the facility walls, which will be identified by the facility staff for each type of artwork. There are selected areas within the facility identified as “tribal art” areas and “non-tribal art” areas. For the tribal art requirement, the contractor shall work with directly with the southern tribal committee who will provide artists, pieces of art for the contractor to purchase. The contractor shall design layouts, select and purchase non-tribal art for the facility clinical areas known as “non-tribal” areas, these pieces must be appropriate to a behavioral health/medical facility. The contractor shall provide the IHS representatives recommendations of artwork for their approval before purchasing the pieces.

IHS representatives have final approval of all tribal and non-tribal artwork.

a. Contractor shall directly work with the southern tribal committee for their suggestions of tribal art to purchase. The California Area Office will provide the council’s names and contact information to the awardee. IHS representatives will have final approval of each pieces of art.

b. Contractor shall purchase the appropriate art from local tribes as suggested by the tribal committee, and after purchasing approved items will provide the installation of those art pieces within the facility for the areas specified on the site map labelled “tribal art” area and “non-tribal” art area. These areas will be identified on a site map by the facility staff.

c. Contractor shall provide all frames for the approved art pieces and provide installation of all pieces of art in facility using RCSS Frames (rounded corner super secure frames). These frames are approved for the health care facility and are within the safety standards needed in the behavioral health care facility. Safety is paramount for the in-patients within the facility and the installation of RCSS frames have been evaluated as safe and secure, however, brand name or equal is appropriate within the evaluation process. The facility staff shall approve all installation prior to installations.

5. DELIVERABLES:

a. CD-ROM or other electronic format. The contractor shall provide the Government any custom art work by either CD-ROM or electronically sent to the facility for their records or to use at a later date. This requirement will provide a CD-ROM(s) or electronic file for each art piece approved for the facility. This CD-ROM or electronic file shall be provided to the Government points of contact shown in paragraph 8 of the PWS no later than two weeks after item is selected for purchase.

b. Art Work Specific Summary Report. The contractor shall develop and submit a Monthly summary report describing art work for purchase, labor and materials. Each piece of art approved for display with contact information on artists, if known must be provided on this report for CAIHS records. The summary report is due no later than 30 calendar days after the contract award and will be submitted monthly to the COR via email to the Government points of contact shown in Paragraph 8 of the PWS.

c. Final Artwork Report. The contractor shall provide the COR a final art log describing all works of art purchased for the facility and labeled with the name of the artwork and name of artist, if known. This final report is due on the final day of the period of performance of the contract and submitted to the Government point of contact shown in Paragraph 8 of the PWS.

6. GOVERNMENT OF POINTS OF CONTACT

a. Program Director, Mr. Mark Espinosa

Indian Health Service, California Area Office 650 Capitol Mall, Suite 7-100 Sacramento, California 95814 916/930-3981, x315 Mark.Espinosa@IHS.gov

b. Contractual Point of Contact, Ms. Ronda English

Indian Health Service, California Area Office 650 Capitol Mall, Suite 7-100 mailto:Mark.Espinosa@IHS.gov

Sacramento, California 95814 916/930-3981, x346 Ronda.english@IHS.gov

7. TRAVEL COSTS. Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46 Travel Costs, General Services Agency, Joint Travel Regulations; and Indian Health Service Manual Part 5-Management Services, Chapter 8 -Travel. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge. For more information on allowable costs see:

http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/category/21868/#wp1 089090. All requests for reimbursement shall be audited prior to disbursement of payments.

a. Allowable Costs. The Contractor may only invoice for those expenses actually incurred and shall provide copies of all original travel receipts with invoice(s) for reimbursement.

All costs shall be in accordance with GSA published per diem rates at:

http://www.gsa.gov/portal/content/104877. Those costs that exceed the allowable rate shall not be reimbursed. At a minimum, all invoices requesting travel reimbursement shall include receipts for:

i. Lodging, shall be paid in accordance with GSA rates (http://www.gsa.gov/portal/content/104877)

ii. Common Carrier;

iii. Telephone Calls to a Residence;

iv. Registration Fee; and

v. Any other expense in excess of $75.00.

b. Governing Regulations

FAR 31.205-46--Travel Costs (http://www.farmaster.com/farmaster/data/idx/FAR84/3102050046.htm)

General Services Agency, Joint Travel regulations (http://www.gsa.gov/portal/content/104790)

Indian Health Service Manual Part 5-Management Services, Chapter 8 -Travel (https://www.ihs.gov/IHM/index.cfm?module=dsp_ihm_pc_p5c8#5-8.13Q)

8. Invoice and Payments

a. Payments shall be completed monthly in arrears. Upon acceptance of the monthly Art

Work Summary Report, emailed to the Government COR for the travel, supplies, material, labor and services provided during the timeframe to include the individual art purchases made during the month.

mailto:Ronda.english@IHS.gov http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/category/21868/#wp1089090 http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/category/21868/#wp1089090 http://www.gsa.gov/portal/content/104877 http://www.gsa.gov/portal/content/104877 http://www.farmaster.com/farmaster/data/idx/FAR84/3102050046.htm http://www.gsa.gov/portal/content/104790 https://www.ihs.gov/IHM/index.cfm?module=dsp_ihm_pc_p5c8#5-8.13Q

b. Final invoice shall be marked “FINAL PAY.”

i. Ms. Michelle Blackowl Indian Health Services 39990 Faure Road Hemet, California 92544 951/708-4041

ii. Ms. Ronda English

Indian Health Services 650 Capitol Mall, Suite 7-100 Sacramento, California 95814 916/930-3981 x346

Exhibit 1 Performance Requirements Summary

Performance Objective Standard Performance

Threshold Method of Surveillance

PRS #1

Contractor shall purchase tribal art using the budget approved by the southern tribal council for tribal art pieces displayed at the Desert Sage Youth Treatment and rehabilitation center (Hemet

CA)

The Contractor shall provide the picture of the art work suggested by the IHS advisory committee for purchase and display.

100% Method of Surveillance: Each tribal art piece will be suggested by the tribal advisory committee before purchases and will be reviewed and accepted by the Contracting Officer’s Representative for display.

Non-tribal does not require suggestions by the committee.

PRS #2

The contractor shall provide a CD-ROM or electronic copy per section 5a

The contractor is to provide a CD-ROM or electronic version

100%

Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #3

The contractor shall provide the Art Work Specific Summary Report per section 5b.

The contractor is to provide the Art Work Specific Summary Report via email in

PDF

100%

Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

PRS #3

The contractor shall provide a Final Artwork Report per section 5c.

The contractor is to provide the Final Artwork Report via email in PDF

100% Method of Surveillance: Will be reviewed and accepted by the Contracting Officer’s Representative.

EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Contractor shall provide CD or Electronic copy of art work before purchase to IHS Representatives

All art works prior to purchases for approval process

One each of all art work

100% IHS

Representatives at the facility

The Monthly Art Summary Report with all purchases for payment

Every 30 days for the 3 months of the contract- Monthly

1 copy

Word Readable CD- ROM or other electronic formats

COR

The Final Artwork Report

No later than the last day of the period of performance, not to exceed 15 days after the

POP

1 copies a .pdf report COR

Contract Clauses Commercial Items and Services

(Revised 25Mar15)

By Full Text

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

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

52.204-13 – System for Award Management Maintenance.

As prescribed in 4.1105(b), use the following clause:

System for Award Management Maintenance (Jul 2013)

(a) Definition. As used in this clause--http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P573_70818

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

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

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

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

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

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

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.

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

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

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

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

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of Clause)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors -- Commercial Items (Oct 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number; 16-235-SOL-00027 Art Consultant Services at Desert Sage

YRTC

(2) The time specified in the solicitation for receipt of offers; Responses Due Date on solicitation form

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

http://fedgov.dnb.com/webform https://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

http://fedgov.dnb.com/webform

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items.

Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This solicitation 16-235-SOL-00027 is for the Desert Sage YRTC Art Consultant Service Contract. This is a lowest priced technically acceptable award of a firm fixed priced contract.

The facility is located in Hemet, CA and is under the supervision from the California Area Indian Health Service (CAIHS) Area Director in Sacramento, CA. This solicitation will be in accordance with FAR 12.602(b). The following evaluation criteria factors includes Technical Capability, Price and Past Performance. The offeror who has the lowest price will be evaluated first, if deemed technically acceptable, no other offeror will be evaluated and the lowest priced offeror will be awarded the contract. If the lowest priced offeror is deemed “unacceptable” then next lowest priced offeror will be evaluated, until an offeror is deemed “acceptable” and awarded the contract.

Each factor is equal in importance:

1. Technical Capability: The offeror must provide a one-page summary description of thei installation process using the Rounded Corner Super Secure (RCSS) frames (Brand name or equal is acceptable but specifications must be provided and will be evaluated). The installation process must meet the unique needs of the behavioral/mental health facility population described in the PWS. The “brand name or equal” technical evaluation process will be utilized for offerors other than RCSS frames. If an offeror does not supply a framing process determined safe and secure, they will be evaluated as “not acceptable”.

Example: the lowest priced offer provides specifications for installation of “Brand name or equal” other than RCSS, a technical evaluation will be completed by the technical team, and if deemed technically acceptable, the lowest priced offeror using other than RCSS installation, will be deemed acceptable and be awarded the contract.

2. Price: Lowest Priced offeror who is deemed technically acceptable with the technical capabilities listed above will be the awardee.

3. Past Performance: Offerors must provide, at least one-page but not to exceed two-pages, past performance summary describing their recent (within the last three years) and relevant past performance (art consulting) projects (no pictures or samples please. Any pictures or samples will not be evaluated). Past Performance projects must include dates of coverage with point of contact with names, phone numbers and/or email addresses for references. The time within the last three (3) years form the technical experience mentioned above. The requirement considers work comparable to the art consulting services described in the Performance Work Statement (PWS). Offerors with a proven past performance will demonstrate their art consulting experience.

Please submit all three criteria requirement documents into one proposal package, proposal may be emailed to ronda.english@ihs.gov or mailed to :

Indian Health Services (IHS) ATTN: R. English- Contracting 650 Capital Mall STE 7-100 Sacramento CA 95814

Technical and past performance, when combined, are equal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-4 -- Contract Terms and Conditions -- Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions -- Commercial Items (Dec 2014)

(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 --mailto:ronda.english@ihs.gov http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20051

(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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the…