SFSU_-_Pharmaceutical_Waste_Sol_-_12-3-18.rtf

19-242-SOL-000__ Pharmaceutical Hazardous/Non-Hazardous Waste – Santa Fe Service/Clinics

PURPOSE

The contractor shall provide waste disposal services for hazardous and non-hazardous pharmaceutical waste to the following Albuquerque Area Indian Health Service Facilities:

Santa Fe Indian Hospital 1700 Cerrillos Road

Santa Fe, NM 87501 Hours: 8:00 am to 8:00 pm, Sunday – Saturday San Felipe Health Center

4 Cedar Street San Felipe, NM 87001 Hours: 8:00 am to 5:00 pm, Monday - Friday Santa Clara Indian Health Center

400 State Road 30 Espanola, NM 87532 Hours: 8:00 am to 5:00 pm, Monday - Friday Cochiti Indian Health Center

270 Windmill Road Cochiti Pueblo, NM 87072 Hours: 8:00 am to 5:00 pm, Monday – Friday Acquisition will be for a 12 month base period with (4) four 12 month option periods.

DESCRIPTION OF SERVICES/SUPPLIES

During the provision of quality, efficient, and cost effective health care to patients, the Santa Fe Service Unit generates hazardous and non-hazardous pharmaceutical waste. Proper disposal of this waste requires a contract with a company specializing in this type of waste.

Waste bins stationed at service units facility locations congruent with the amount of hazardous pharmaceutical waste generated Waste bins stationed at facilities congruent with the amount of non-hazardous pharmaceutical waste generated.

Estimated:

MINIMUM CONTRACTOR QUALIFICATIONS

Evaluation Factors for Award To be considered for award of a contract under this solicitation, the offeror must comply with the following criteria. Failure to provide evidence of the following shall automatically disqualify an offeror from further consideration.

The following responsibility factors will be used as a basis for the technical evaluation of offeror’s proposals.

The contractor shall meet the technical requirements and possess the required experience as follows:

e. Annual employee training and posters for employee education.

f. All stipulations or requirements for service will be identified such as requirements needed from the service unit facilities in order for pick-ups to occur.

The contractor shall provide a customer service representative assigned to the account to assist in providing information on product description, product ordering and coordinating service arrangements.

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

FACILITY OVERVIEW AND PROCEDURES

An assessment of the following hospital/clinic sizes to determine the size and quantity of waste bins needed:

Santa Fe Indian Hospital

Santa Clara Health Center Cochiti Health Center San Felipe Health Center

DELIVERABLES

PERIOD OF PERFORMANCE

Services under this contract shall commence NLT 10 days after award:

Start End Base

TBD, 2018

TBD, 2019

Option Year 1

TBD, 2019

TBD, 2020

Option Year 2

TBD, 2020

TBD, 2021

Option Year 3

TBD, 2021

TBD, 2022

Option Year 4

TBD, 2022

TBD, 2023

Performance shall be for the period of TBD, 2018 to TBD, 2019, unless the period is changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

Total contract award shall not exceed five years. Option year renewals will be on the basis of satisfactory services provided availability of funds for the appropriate fiscal year, and on the basis of existing requirements.

DELIVERY LOCATION

The requested waste disposal call services agreement shall be performed at the following Albuquerque Area Indian Health Service Facilities:

1. Santa Fe Indian Hospital 1700 Cerrillos Road Santa Fe, NM 87501 Hours: 8:00 am to 4:00 pm The requested waste disposal call services agreement shall be performed at the following Albuquerque Area Indian Health Service Facilities:

San Felipe Health Center

4 Cedar Street San Felipe, NM 87001 Hours: 9:00 am to 3:00 pm Santa Clara Indian Health Center

400 State Road 30 Espanola, NM 87532 Hours: 9:00 am to 3:00 pm Cochiti Indian Health Center 270 Windmill Road

Cochiti Pueblo, NM 87072 Hours: 9:00 am to 4:00 pm If this contract requires services to be provided at an IHS facility/Clinic located on any one of the Pueblo Indian Reservations in the State of New Mexico, and the Contractor is unable to provide services due the closure of the Pueblo for religious observation, the services will be rescheduled by mutual agreement between the COR and the Contractor.

PRICING

Offers will be accepted in the following format:

FEE SCHEDULE OF SERVICES – SANTA FE SU, SANTA CLARA HC, SAN FELIPE HC & COCHITI HC A

ITEM NO.

B

DESCRIPTION

C

NON-HAZARDOUS

CONTAINER

D

HAZARDOUS

CONTAINER

F

MONTHLYFEE

G

TOTAL AMOUNT

BASE YEAR:

TBD, 2018 to TBD, 2019

1a Santa Fe Service Unit 1 x 3 Gal 2 x 8 Gal 1 x 3 Gal 2 x 8 Gal

1b Santa Clara Health Clinic

2 x 8 Gal

2 x 8 Gal

1c San Felipe Health Clinic

2 x 8 Gal

2 x8 Gal

1d Cochiti Health Clinic 1 x 3 Gal 1 x 8 Gal 1 x 3 Gal 1 x 8 Gal

TOTAL BASE YEAR 2018

FIRST OPTION YEAR:

TBD, 2019 to TBD, 2020

2a

1 x 3 Gal 2 x 8 Gal 1 x 3 Gal 2 x 8 Gal

2b Santa Clara Health Clinic

2 x 8 Gal

2 x 8 Gal

2c

San Felipe Health Clinic

2 x 8 Gal

2 x8 Gal

2d Cochiti Health Clinic 1 x 3 Gal 1 x 8 Gal 1 x 3 Gal 1 x 8 Gal

TOTAL OPTION YEAR 2019

SECOND OPTION YEAR:

TBD, 2020 TO TBD, 2021

3a

1 x 3 Gal 2 x 8 Gal 1 x 3 Gal 2 x 8 Gal

3b Santa Clara Health Clinic

2 x 8 Gal

2 x 8 Gal

3c San Felipe Health Clinic

2 x 8 Gal

2 x 8 Gal

3d Cochiti Health Clinic 1 x 3 Gal 1 x 8 Gal 1 x 3 Gal 1 x 8 Gal

TOTAL OPTION YEAR 2020

THIRD OPTION YEAR:

TBD, 2021 To TBD, 2022

4a

1 x 3 Gal 2 x 8 Gal 1 x 3 Gal 2 x 8 Gal

4b Santa Clara Health Clinic

4c San Felipe Health Clinic

4d Cochiti Health Clinic 1 x 3 Gal 1 x 8 Gal

1 x 8 Gal

TOTAL OPTION YEAR 2021

FOURTH OPTION YEAR:

TBD, 2022 to TBD, 2023

5a

1 x 3 Gal 2 x 8 Gal

5b Santa Clara Health Clinic

5c San Felipe Health Clinic

2 x8 Gal

5d Cochiti Health Clinic 1 x 3 Gal 1 x 8 Gal

1 x 8 Gal

TOTAL OPTION YEAR 2022

CONTRACT OFFICER’S REPRESENTATIVE

Keith Adcock, is hereby designated as Contract Officer’s Representative for this service. The Contract Officer’s Representative’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The Contract Officer’s Representative does not have the authority to change or alter the order amount, terms and conditions.

The Contract Officer’s Representative responsibilities include ensuring contractor accountability, monitoring the contractor's technical progress- including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements, interpreting the statement of work, performing technical evaluations as required, performing technical inspection and acceptance required, assisting the contractor in the resolution of technical problems encountered during performance and receiving and processing invoices for payment.

SAFETY OFFICER

Verlee White-Calf, verlee.white-calf@ihs.gov, is hereby designated as Safety Officer for this service at the Santa Fe Service Unit and clinics.

SUBCONTRACTS

None of the services furnished under this agreement shall be subcontracted or transferred to another contractor, or organization, without the specific prior written approval of the Contracting Officer.

IHS CONTRACTING OFFICER

The authority to negotiate a change in terms, conditions, or amounts cited is reserved for the IHS contracting Officer. The COR designated holds no such authority.

QUALITY ASSURANCE

state, county, or tribal regulations or licensure requirements that may affect the services that are received.

GENERAL CONTRACT INFORMATION

Contractor Requirements Mandated by the Federal Acquisition Regulation (FAR) to comply with the mandate, the contractor must obtain a Data Universal Numbering System (DUNS) Number. The DUNS No. is a 9-digit number assigned by Dun and Bradstreet Inc., to identify unique business entities. If the offeror (Contractor) does not have a DUNS Number, it should contact Dun and Bradstreet directly to obtain one by calling 1-866-705-5711 or via the internet at http://www.dnb.com. Refer to FAR Clause No. 52.204-6, Unique Entity Identifier (Oct 2016).

Effective on July 31, 2012, the System for Award Management (SAM) replaced the Central Contractor Registration (CCR). During the term of the contract, the Contractor's DUNS number shall be in active status in accordance to FAR 52.204-6, Data Universal Numbering Systems (DUNS) and updated annually in the System Award Management (SAM) pursuant to 52.204-7, System for Award Management (Oct 2016). You may access SAM at www.sam.gov.

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

CONTRACT ADMINISTRATION DATA

Accounting and Appropriation Data

The accounting data must be in cited on invoice for reimbursement.

GOVERNMENT FURNISHED MATERIALS & SUPPLIES/OFFICE FACILITIES/EQUIPMENT:

Use of Government property is incidental to the performance of this contract.

DEPARTMENT OF LABOR:

No contractor or subcontractor holding a service contract for any dollar amount shall pay any of its employees working on the contract less than the minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C 206).

The Department of Labor, Wage and Hour Division has issued a Wage Determination for laborers to be employed under this purchase order. Wage Determination No. 2015-2361, REV 36 (dated 12/30/2016) is incorporated into this purchase order pursuant to Federal Acquisition Regulation (FAR) 22.1108-2. (Refer to Attachment A).

In addition, to paying employees appropriate hourly wages the contractor is responsible for fringe benefits applicable to all classes of service employees engaged in purchase order performance. Fringe benefits are not included in the hourly wages.

INVOICE SUBMISSION

PROPER INVOICE: Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.

The Contractor shall submit invoices once per quarter. A complete invoice with all required back-up documentation shall be sent electronically via e-mail to:

Do not send non-invoice related documents (i.e. deliverables, reports, balance statements) to the Buyer or Albuquerque Finance. Failure to submit required documents directly to the offices as listed above will delay prompt payment of your invoice.

For invoices submitted by email: the subject line of your email invoice submission shall contain the contractor name, contract/order number, and invoice number (e.g. Company Name, Contract HHSI242201700066B, Invoice #123). The Contractor shall send one email per contract/order per [enter frequency, e.g. monthly, quarterly, etc.] The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. Excel formats will NOT be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

The Contractor shall submit invoices directly to the following address:

E-INVOICE ADDRESS:

alb_aoapinvoices@ihs.gov (for electronic invoices) or to address (If paper invoices):

Albuquerque Area Office Indian Health Service Division of Accounting Services 4101 Indian School Road, NE Albuquerque, NM 87110 The following information must be cited on each invoice submitted for payment.

Contract No.

Contractors Name and Address Date of Invoice period Hours of services provide during the invoiced period.

Invoice No.

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

"I hereby certify that all services provided and invoiced are for appropriate purposes and in accordance with the terms and conditions of the cited contract."

Per mandate by the U. S. Department of Treasury and effective July 1996, all contractor payments will be by Electronic Funds Transfer System (EFT).

PAYMENT OFFICE:

The payment office is:

Albuquerque Indian Health Service Division of Accounting Services 4101 Indian School Road NE Albuquerque, New Mexico 87110

Electronic Funds Transfer (EFT) Disbursed by:

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

CONTRACT CLAUSES

I-1 52.252-1 Solicitation Provisions Incorporated by Reference (2/98)

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): http://www.acquisition.gov

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal and Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-11 Representation by Corporation Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.215-2 Audit and Records -- Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.222-3 Convict Labor (Jun 2003) 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) 52.223-6 Drug-Free Workplace (May 2001) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (Apr 2003) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (Jul 1995) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.244-2 Subcontracts (Oct 2010) 52.244-5 Competition in Subcontracting (Dec 1996) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (fixed-price Supply and Service) (Apr 1984)

FAR Clauses written in full text:

52.204-1 Approval of Contract 12/1989 The contract is subject to the written approval of the Contracting Officer, and shall not be binding until so approved.

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS:

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

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

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19-242-SOL-000__ Pharmaceutical Hazardous/Non-Hazardous Waste – Santa Fe Service/Clinics

Name of Offeror:

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19-242-SOL-000__ Pharmaceutical Hazardous/Non-Hazardous Waste – Santa Fe Service/Clinics

Typed Name of Authorized Individual:

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19-242-SOL-000__ Pharmaceutical Hazardous/Non-Hazardous Waste – Santa Fe Service/Clinics

Signature of Authorized Individual:

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19-242-SOL-000__ Pharmaceutical Hazardous/Non-Hazardous Waste – Santa Fe Service/Clinics

Date:

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

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

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

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTION (SEPT 2007)

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

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

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

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

Definitions.

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

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

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

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

Taxpayer Identification Number (TIN).

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

Type of organization.

Common parent.

Name

TIN

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

Definition. Data Universal Numbering System (DUNS) number, as used in this provision, 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.

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

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

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

The offeror should be prepared to provide the following information:

Company legal business name.

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

Company physical street address, city, state and Zip Code.

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

Company telephone number.

Date the company was started.

Number of employees at your location.

Chief executive officer/key manager.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial 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;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(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 Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

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

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

52.216-2 -- ECONOMIC PRICE ADJUSTMENT -- STANDARD SUPPLIES (JAN 1997)

The Contractor warrants that the unit price stated in the Schedule for [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

Is the net price after applying any standard trade discounts offered by the Contractor.

The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

The increased contract unit price shall be effective --

On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

If the written request is received later, on the date the Contracting Officer receives the request.

The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

52.212-1 -- Instructions to Offerors - Commercial Items (OCT 2018)

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.

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 --

The solicitation number;

The time specified in the solicitation for receipt of offers;

The name, address, and telephone number of the offeror;

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;

Terms of any express warranty;

Price and any discount terms;

“Remit to” address, if different than mailing address;

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);

Acknowledgment of Solicitation Amendments;

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

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.

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.

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 pre-award testing.

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.

Late submissions, modifications, revisions, and withdrawals of offers.

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.

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—

) 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

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

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

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.

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.

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.

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.

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.

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.

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--

1. 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.

Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites—

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

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

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

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

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

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

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

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

Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 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.

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.

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

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

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

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

A summary of rationale for award;

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

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.

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.

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

Health & Human Services Acquisition Regulation Clauses (48 CFR Chapter 3)

352.211-3 Paperwork Reduction Act (DEC 2015)