285-20-RFQ-0042.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

285-RFQ-20-0042

6. SOLICITATION ISSUE

DATE

07/16/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RALPH W KETCHER JR

b. TELEPHONE NUMBER (No collect calls)

615-347-4389

8. OFFER DUE DATE/

LOCAL TIME

08/17/2020 11:30 AM cst

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS

EDWOSB 621112

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8 (A) 11 million

DHHS, Indian Health Service Nashville Area Office 711 Stewarts Ferry Pike Nashville, TN 37214

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Unity Healing Center 448 Sequoyah Trail Cherokee, NC 281719

IHS, Nashville Area Office 711Stewarts Ferry Pike Nashville, TN 37214

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

Indian Health Service Finance Department 711 Stewarts Ferry Pike Nashville, TN 37214

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Scope of Work below

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES

Nashville Area-Indian Health Service is seeking clinical consultation services. The contractor shall provide a licensed behavioral health provider to deliver services. We recognize the need to provide behavioral health staff clinical supervision/consultation and training to ensure quality treatment services. Furthermore, addressing psychological, behavioral, and emotional struggles of patients requires staff to obtain effective training and clinical supervision.

Services will be provided in the following service units, but not limited to:

Unity Healing Center Catawba

Richmond

Mashpee

Lockport

Nashville Area provides services for federally recognized tribes within geographical region for Indian Health Service. Each Service Unit is unique in services, staffing and communities. All staff who maintain a license/certification or provide direct care for patients will be the recipient of the contractor services.

The Contracted Behavioral Health Consultant shall provide services, as set forth in Section C, defined in Section C.1.2, within the Unity Healing Center, for the period of September 01, 2020 (or date of award) to August 31, 2021.

B.2 PRICE/COSTS

1. If the Government exercises its options pursuant to Section I.3, Option to Extend the Term of the Contract, the estimated cost will be increased as follows:

Base Year - 09/01/20 – 08/31/21 20 hrs per week $_____ $______

Total $_______________

2. Before any extension of the term goes into effect, the Contractor and the Indian Health

Service must bilaterally agree and amend the existing contract to that effect.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

A. Clinical Supervision/Consultation:

1. Meeting with direct care staff on a routine basis to discuss treatment delivery, interventions, and ethical decision making.

2. Provide guidance on conflict resolution and self‐care to assist with provider burn out and enhance service delivery.

3. Provide opportunities for clinical staff to explore interpersonal and intrapersonal experiences as they relate to provision of clinical services.

B. Peer Review

1. Provide opportunities through group consultation (peer review) for licensed and unlicensed staff who provide direct care services.

a. Peer review would be utilized to provide unlicensed staff with regular information on interventions with residents/patients and how to actively participate in therapeutic interventions to achieve treatment goals.

b. Peer review will provide opportunity to express concerns related to training needs, management techniques, performance evaluation measures, or other concerns.

C. Licensure Supervision:

1. Provide licensure/certification supervision to providers working towards full licensure as applicable by specific licensing boards.

D. Staff Training and Education:

1. Dynamics, Recognizing and Reporting Child Abuse: Virtual and in‐person training for all staff should include basic reporting information for child abuse/neglect/child sexual abuse according to federal and tribal law plus IHS policy. Training materials should be developed and submitted 30 days prior to all training for clearance and cover all relevant aspects of child abuse, including but not limited to:

a. Management of child abuse allegations

b. Dynamics of sexual abuse and recognition of grooming behaviors

c. Power differentials between abusers and victims

d. Understanding why children and adolescents may not report their abuse

a. Protection of the residents/patients

b. Reporting of sexual abuse

c. Overview of child abuse investigations and forensic interviewing

E. Knowledge required:

1. Clinical supervision aspects to evaluate and enhance services.

2. Knowledge of substance abuse and providing services for co‐occurring disorders

3. Knowledge and skills in the diagnosis a treatment of individuals, families and groups of people with acute and chronic mental health problems, substance use disorders, within the full life spectrum.

4. Knowledge of psychological disorders as defined by the Diagnostic and Statistical Manual of Mental Disorders (DSM 5)

5. Knowledge of the socio‐cultural factors that affect the mental health of Native American populations and skills in the development of treatment planning that can ameliorate the problems.

6. Knowledge of accreditation standards, as well as Federal and State laws particularly in the area of confidentiality of records and protected health information. Compliance with professional regulations and with the professional Code of Ethics for the respective discipline.

7. Knowledge of the array of disciplines in the behavioral health field (e.g. LCSW, PHD, Substance Abuse Specialist, Residential Aids, etc…) in addition to integrated services within Primary Care settings to ensure services are tailored to meet individual practices.

8. Must be a current licensed behavioral health provider; minimum Master’s Level Therapist.

F. Additional requirements:

1. Licensed professional counselor or psychologist

2. Must complete security and background clearance for federal facilities

3. Must adhere to confidentiality requirements of HHS

4. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise provide all tasks necessary for or incident to the performance of the work set forth herein.

G. Service delivery

1. Clinical Supervision/Consultation:

a. Services will provided through video with at least one bi‐monthly in person session.

b. During pandemic as determined by CDC, services may be delivered by video/telephonic.

2. Peer Review:

a. Services will provided through video with at least one bi‐monthly in person session.

b. During pandemic as determined by CDC, services may be delivered by video.

3. Staff Training and Education:

a. Services will provided through video/online webinars and onsite training (50/50)

b. During pandemic as determined by CDC, services may be delivered by video.

D. Training Materials and Education items:

1. Contractor will provide all materials for training and education.

2. Visual aids will be created and dispersed for staff for future needs of reference.

3. Development of specific informational sheets designed as a “quick reference” on a variety of topics including the process for reporting child abuse concerns which would be easily accessible to all staff.

4. Reference material for additional trainings provided (books, curriculums, reference documents, presentations)

E. Additional Information:

Amount of Employees:

1. Clinical Supervision/Consultation:

a. 7‐10 licensed/certified providers

2. Peer Review:

a. 7‐10 licensed/certified providers

b. 10 non‐licensed direct care staff

3. Staff Training and Education:

a. 40 providers/non‐licensed staff

C.2. TERM OF AGREEMENT

Behavioral Health Consultant agrees to perform the SERVICES beginning 09/01/2020, and ending 8/31/2021. There will be potential of 3 options years

C.3. INDEPENDENT CONTRACTOR

In performing the SERVICES under this Agreement, Behavioral Health

Consultant shall operate as, and have the status of, an independent contractor and shall not act as agent, or be an agent, of the Unity Healing Center. In accordance with such status as independent contractor, Behavioral Health Specialist covenants and agrees that it will not hold herself or himself out as, nor claim to be an officer or employee of the Unity Healing Center, or of any department, agency or unit thereof by reason hereof, and that he or she will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Unity Healing Center including, but not limited to, Worker's Compensation coverage, health coverage, Unemployment Insurance Benefits, Social Security coverage or employee retirement membership or credit.

C.4. TIME AND INVOICES

Behavioral Health Consultant is responsible for logging their hours and submitting invoice to Nashville Area Office for payment.

Nashville Area Office ATTN: Brianne Denson/ Finance 711 Stewarts Pike Ferry Nashville, TN 37214

SECTION D - PACKAGING AND MARKING

The contractor shall mark all written correspondence related to this solicitation with the following:

Solicitation 285-20-RFQ-0042

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-4 Inspection of Services—Fixed-Price AUG 1996.

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from September 1, 2020 (or date of award) and shall not extend beyond the completion date of August 31, 2021, unless the period is changed by written modification of the contract.

F.2 NONCOMPLIANCE OR UNSATISFACTORY PERFORMANCE

If, at any time during the effective period of this contract, the Contracting Office, along with the Director of the Unity Healing Center determines that the Contractor has not complied with the requirements of the contract or other applicable Federal law, the Contracting Officer shall attempt to resolve any areas of noncompliance or unsatisfactory performance and modify the contract to prevent future occurrences of such noncompliance or unsatisfactory performance.

If the Contracting Officer determines that such noncompliance or unsatisfactory performance cannot be resolved or prevented in the future, after consultation with the Director of the Service Unit, the Contracting Officer shall not renew the contract and may terminate the contract before the end of the contract term if deemed necessary.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FEDERAL, STATE, AND LOCAL TAXES

Contractor understands that the government does not pay any IRS requirements (taxes), insurance or any other benefits for the contractor under this contract. This is in accordance with (FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (Feb 2013) and FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NON-COMPETITIVE CONTRACT [Feb 2013]). Clauses may be assessed electronically at: www.acquisition.gov/far/

G.2 INDIAN HEALTH SERVICE INVOICE SUBMISSION INSTRUCTIONS

The Contractor shall submit invoice after services received. A complete invoice with all required back-up documentation shall be sent, electronically via e-mail or by regular postal mail to:

1. Contract Officer* (CO): [Ralph W Ketcher, Jr, ralph.ketcher@ihs.gov Indian Health Service, Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214

2. Contracting Officer’s Representative (COR): Joni Lyons, joni.lyon@ihs.gov Indian Health Service, Nashville Area, Unity Healing Center, 448 Sequoyah Trail, Cherokee, NC 28719

3. Accounting Tech., Brianne Denson, Brianne. Denson@ihs.gov, Indian Health Service , Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or [enter billing office acronym]. Failure to submit directly to the offices 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 HHSIXXXXX, Invoice #123). The Contractor shall send one email per contract/order after completion.

The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

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.

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.

FAR 52.212-4(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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration.

G.3 FINANCIAL PROVISIONS

A. The Nashville Area Finance Office shall make monthly payments under this contract.

B. Payment will be made by the:

Nashville Area Indian Health Service 711 Stewarts Ferry Pike Nashville, TN 37214

G.4 CONTRACTING OFFICER AND CONTRACTING OFFICER REPRESENTATIVE

A. The Contracting Officer assigned to this contract for the Nashville Area Office, Indian Health Service can be reached at (615) 467-1516.

B. The Contracting Officer is responsible for negotiating and issuing changes in the terms, conditions, or amounts cited in this contract and is the only party authorized to bind the Government to the Contract.

C. The Contracting Officer Representative (COR), who the Contracting Officer shall designate in writing, is responsible for ensuring that the Contractor meets the Government’s technical objectives. To this end, the COR will provide necessary information, direction, and coordination within the contractual work description.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENTS

Contractor shall be required to develop familiarity with current policies, procedures, by-laws and regulations of the clinical and medical staff of the Unity Healing Center.

Documents that will be filled out by the successful proposal will include the following: finger print card, Agreement to Waiver of Character Investigation for Contractors, Declaration for Federal Employment (OF306), and Questionnaire for Non-Sensitive Positions, Required Background investigation Information, OF 306 Addendum, and an authorization for release of information are the minimum forms necessary to process.

The contractor will be required to carry liability insurance as per FAR 52.237-7.

H.2 CONTACT WITH INDIAN CHILDERN

Individuals providing services which involve regular contact with, Indian Children are subject to a character investigation. IHS Personnel Office will conduct these investigations following the award unless in the judgment of the Contracting Officer, in consultation with the Personnel Officer, investigation may be waived based on prior investigations on file. Until the Contracting Officer has been notified of the result of the investigation, such individuals shall not have unsuspected contact with Indian children.

The contractor must perform in accordance with Section 231 of the Crime Control Act of 1990, P.L. 101-

647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statues will result in immediate removal.

H.3 DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor's responsible employees.

Each officer or employee of the contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.4. GOVERNMENT PROPERTY

No property to be furnished.

H.5. 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

H.6. 52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

SECTION I-CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address http://acquisition.gov/far/ and www.hhs.gov/policies/hhsarfor electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.202-1 DEFINITIONS NOV 2014

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO SEPT2006

THE GOVERNEMENT

52.203-7 ANTI-KICKBACK PROCEDURES MAY2014

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY MAY2014

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR MAY2014

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY2011

ON RECYCLED PAPER

52.204-7 SYSTEM FOR AWARD MANAGEMENT JULY2013

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST AUG 2013

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.215-10 PRICES REDUCTION FOR DEFECTIVE COST OR AUG 2011

52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 2010

PRICING DATA

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

52.216-7 ALLOWABLE COST AND PAYMENT (IN SUBGRAPH JAN 2013

(a), THE WORDS, “SUBPART 31.2” ARE DELETED

AND REPLACED BY THE WORDS”SUBPART 31.7”)

52.216-11 COST CONTRACT – NO FEE APR 1984

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2014

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (NOTE: THE JULY1990

DOLLAR AMOUNT IN PARAGRAPH (a) OF THIS CLAUSE

IS $0, UNLESS OTHERWISE SPECIFIED IN THE

CONTRACT.)

52.222-3 CONVICT LABOR JUN 2003

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR2007

52.222-35 EQUAL OPPORTUNITY VETERANS JUL 2014

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH JUL 2014

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUL 2014

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-6 DRUG-FREE WORKPLACE MAY2001

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-1 BUY AMERICAN ACT--SUPPLIES MAY2014

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984

52.232-17 INTEREST MAY2014

52.232.20 LIMITATION OF COST APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY2014

52.232-25 PROMPT PAYMENT JULY2013

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER- JULY2013

SYSTEM FOR AWARD MANAGEMENT

52.233-1 DISPUTES MAY2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY2014

52.242-13 BANKRUPTCY JUL 1995

52.243-2 CHANGES – COST REIMBURSEMENT AUG 1987

(ALTENATE I) APR 1984

52.244-2 SUBCONTRACTORS (ALTERNATE I) OCT 2010

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERICAL ITEMS OCT 2014

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-9 USE AND CHANGES APR2012

52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT APR 1984

52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997

52.248-1 VALUE ENGINEERING OCT 2010

52.249- TERMINATION (COST REIMBURSEMENT) MAY2004

52.251-1 GOVERNMENT SUPPLY SOURCES APR 2012

52.251-2 INTERAGENCY FLEET MANAGEMENT SYSTEM JAN 1991

VEHICLES AND RELATED SERVICES

52.253-1 COMPUTER GENERATED FORMS JAN 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION(48 CFR Chapter 3)

CLAUSES:

HHSAR NUMBER TITLE DATE

352.202-1 DEFINITIONS JAN 2001

352.201-70 PAPERWORK REDUCTION ACT JAN 2001

352-203-70 ANTI-LOBBING JAN 2006

352-216-72 ADDITIONAL COST PRINCIPLES JAN 2006

352-223-70 SAFETY AND HEALTH JAN 2006

352.224-70 PRIVACY ACT JAN 2006

352-228-7 INSURANCE – LIABILTY TO THIRD PERSONS DEC 1991

352.227-70 PUBLICATION AND PUBLICITY JAN 2006

352.231-71 PRICING OF ADJUSTMENTS JAN 2001

352.233-71 LIGIGATION AND CLAIMS JAN 2006

352.237-70 PRO-CHILDERN ACT OF 1994 JAN 2006

352.237-71 CRIME CONTROL ACT OF 1990 – REPORTING OF JAN 2006

CHILD ABUSE

352.237-72 CRIME CONTROL OF 1990 – REBURSEMENT FOR JAN 2006

BACKGROUNG CHECKS

352-239-73 ELECTRONIC AND INFORMATION TECHNOLOGY JAN 2010

ACCESSIBLITY

352.242-70 KEY PERSONNEL JAN 2006

352.242-73 WITHHOLDING OF CONTRACT PAYMENTS APR 1984

352.242-74 FINAL DECISIONS ON AUDIT FINDINGS APR 1984

352.270-1 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND JAN 2001

SEMINARS TO PERSONS WITH DISABILITIES

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, and shall not be binding until so approved.

I.3 52.212-1 INSTRUCTIONS OF OFFERORS—COMMERCIAL ITEMS (OCT 2015)

Instructions to Offerors—Commercial Items (Jan 2017)

(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;

(2) The time specified in the solicitation for receipt of offers;

(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;

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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 East 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);

(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) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all 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 “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(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 the 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 the rationale for award;

(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.

I.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATURES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_X_ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity…