Attachment_1_-_Performance_Work_Statement-9.30.2019.pdf

Solicitation No. 75H70319Q00013

Attachment 1 – Performance Work Statement (PWS)

Solicitation – Wastewater Sanitary Surveys

DEPARTMENT OF HEALTH & HUMAN SERVICES

CALIFORNIA AREA INDIAN HEALTH SERVICE

PROPOSAL INSTRUCTIONS

Offerors must complete, and provide the following documents when responding:

1. Request for Quotation, SF-18 Offeror must submit pricing and complete applicable blocks

2. Resume, Curriculum Vitae, or other up-to-date documentation indicating past experience and current status of capabilities.

3. Section 10 Pricing Schedule, Offeror must fill out or attach pricing for Base and all Option

Years.

4. Evaluation Factors, Offeror must refer to Evaluation Factors in Contract Clauses section.

NOTICE

a) Offerors are cautioned the proposals submitted with restrictive legends or statements differing in substance from the above legend may not be considered for award. The Government reserves the right to reject any proposal submitted with a non-conforming legend.

DATE OF ISSUANCE: September 30, 2019

Quotes are due on or before October 18, 2019 by 5pm Pacific Time. Quotes will be accepted submitted electronically via email to Wesley.Simmons@ihs.gov or by mail at 650 Capitol Mall, Suite 7-100, Sacramento, CA 95814.

Please include name, complete address, including street, city county, state, and ZIP code and electronic address. Also, please include expiration date of your quote.

mailto:Wesley.Simmons@ihs.gov

Sanitary Surveys for Tribal Wastewater Utilities

California Area Office, Indian Health Services

Performance Work Statement (PWS)

1. Abstract

California Area Indian Health Service (IHS) has a need for a technical assistance provider (TAP) to conduct comprehensive sanitary surveys of Tribally-owned wastewater utilities within the boundaries of California.

This contract will be advertised and awarded as a requirements contract for one year of service with four additional option years. After award of the contract, IHS will issue task orders to the TAP throughout the year to undertake sanitary surveys for designated Tribal wastewater systems.

2. Background

There are approximately 35 Tribal wastewater systems served by California IHS that serve at least one Indian home (see Exhibit A). While Tribal drinking water systems are routinely surveyed by EPA Region 9, Tribal wastewater systems have not received a similar regular evaluation of infrastructure conditions and managerial practices. The sanitary survey process provides Tribal utilities with valuable recommendations on infrastructure improvements, changes in operations and maintenance (O&M) procedures, and organizational improvements to make operations more sustainable.

California Area IHS currently has funding available to commit to a limited number of Tribal wastewater sanitary surveys in the base year. Should funding continue to be available, IHS plans for sanitary surveys to be conducted every year for four years for all Tribal wastewater utilities who are willing to participate. Funding for the sanitary surveys has been provided by the Environmental Protection Agency

(EPA) Clean Water Indian Set Aside (CWISA). Funds for Technical Assistance through the CWISA were transferred to the Indian Health Service through an

Interagency Agreement.

3. Objective.

The Government and each Tribe will have a document that contains a professional review of the sanitary systems that details infrastructure conditions, infrastructure improvements recommendations, and organizational change recommendations.

Solicitation – Wastewater Sanitary Surveys

Comprehensive review of the technical, managerial and financial capacity and sustainability of the assigned Tribal wastewater systems.

4. Period of Performance.

The period of performance will be for a base period (365 calendar days) and four, one-year option periods (365 days each). Exercising of the option periods is contingent upon the Contractor’s successful completion of the previous period.

5. Quality Control.

Not applicable

6. Place of Performance. The work to be performed under this contract will performed at multiple remote locations within the California Area Office’s boundaries. The list of possible service locations can be found in Exhibit A.

7. Type of Contract. The Government intends to issue a Requirements type contract as a result of subject solicitation, reference FAR 16.503. Funding will be provided at the Task Order level. Optional From (OF) 347 will be provided to the contractor with estimated quantity forms to compare pricing submitted on the pricing schedule.

8. Post Award Conference / Periodic Progress Meeting(s).

The Contractor agrees to attend any post award conference convened by the

Contracting activity or contract administration office in accordance with

Federal Acquisition Regulation, Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative and other Government personnel, as appropriate, may meet periodically with the Contractor to review Contractor performance. At these meetings the Contracting Officer will apprise the

Contractor of how the Government views the Contractor’s performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

9. Contractor Officer Representative (COR).

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; Perform inspection

Solicitation – Wastewater Sanitary Surveys necessary in connection with contract performance; Maintain written and oral communications with the Contractor concerning technical aspects of the contract; Issue written interpretations of technical requirements, including

Government drawings, designs, specifications: Monitor Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies; Coordinate availability of government furnished property; and provide site entry of contractor personnel. A letter of designation issued to the

COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

10. Contractor Travel.

Travel Costs. Travel Costs. Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46 Travel Costs, General

Services Agency, Joint Travel Regulations; and Indian Health Service Manual

Part 5-Management Services, Chapter 8 -Travel. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.

For more information on allowable costs see:

http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/catego ry/21868/#wp1089090.

All requests for reimbursement shall be audited prior to disbursement of payments.

a. Allowable Costs. The Contractor shall only invoice for those expenses actually incurred and shall provide copies of all original travel receipts with invoice(s) for reimbursement. All costs shall be in accordance with GSA published per diem rates at: http://www.gsa.gov/portal/content/104877. Those costs that exceed the allowable rate shall not be reimbursed. At a minimum, all invoices requesting travel reimbursement shall include receipts for:

i. Lodging, shall be paid in accordance with GSA rates

(http://www.gsa.gov/portal/content/104877)

ii. Common Carrier;

iii. Telephone Calls to a Residence;

iv. Registration Fee; and http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/category/21868/#wp1089090 http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/category/21868/#wp1089090

v. Any other expense in excess of $75.00.

11. Authorities / Technical Direction.

The Contractor shall take no direction that changes the terms and condition of this contract action, scope, or any change that affects the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the

Contractor before the Contractor shall act upon those changes. The Contractor shall comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Government’s

Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person, outside their authority, must be reported to the Contracting

Officer. Contracting Officer (CORs) are limited to the authorities stated in their

COR appointment letters

12. Invoice and Payments

The Contractor shall be paid on a lump sum basis based on the nature of the wastewater system surveyed – 3 tiers per the schedule. 50% of the lump sum amount is payable upon completion of the on-site portion of the sanitary survey and receipt of invoice from the TAP. 50% is payable upon acceptance of final completed sanitary survey report and receipt of invoice from the TAP. Invoices shall be verified by the Contracting Officer’s Representative before payment can be authorized.

Invoices, Reports, and Travel invoices shall be sent electronically via email on a monthly basis, in arrears, to the following:

CAPT Jonathan Rash, O&M Coordinator

650 Capitol Mall, Suite 7-100

Sacramento, CA 95814-4708

916/930-3981 x344

Jonathan.Rash@IHS.gov

Wesley Simmons, Contracting Officer

650 Capitol Mall, Suite 7-100

Sacramento, CA 95814-4708

916/930-3981 x318

Wesley.Simmons@IHS.gov mailto:Wesley.Simmons@IHS.gov

Solicitation – Wastewater Sanitary Surveys

13. Data Rights

The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the

Government. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

14. Special Qualifications

See source selection criteria.

15. Sanitary Survey Process and Taskings

IHS will issue task orders throughout the year(s) to the TAP to perform sanitary surveys for one or a number of Tribal wastewater utilities. Task orders will include a completion time, typically in the range of 3 to 6 months, depending on the number of Tribal utilities included in the task order and the scale complexity of those systems. Upon receipt of a task order, TAP shall be responsible for the following:

1. Tasking. Contractor shall coordinate a meeting with the Tribe(s) and schedule sanitary survey(s). Sanitary survey should begin with an on-site meeting of all participants at a location designated by the Tribe (i.e. entry meeting). This meeting will be an opportunity for the TAP to explain the sanitary survey process, answer any questions the Tribe may have and ask organizational / managerial questions of the Tribal wastewater utility staff. This meeting is typically between 30 minutes and 2 hours in length.

Invitees shall include the IHS Utility Consultants; EPA Program Manager(s);

the Tribal Chairperson the Environmental Director; the Tribe’s Director of

Utilities / Public Works. Inspection of facilities shall commence upon conclusion of the entry meeting.

2. Tasking. Travel to and from the Tribal wastewater utility locations to perform the sanitary surveys. All travel shall be in accordance with the Joint Travel

Regulation. Some larger systems may require more than one day to complete.

IHS will make an effort to consolidate multiple surveys in the same geographic area in a single task order to ease in logistics of travel.

3. Inspection of facilities: Commences upon conclusion of the entry meeting:

o Wastewater Sanitary Survey Form. The TAP will utilize the Wastewater

Sanitary Survey Form (Exhibit B) to collect data and prepare the sanitary survey(s). Photos shall be taken to document conditions of facilities and should accompany the sanitary survey report.

o Individual Facilities. Individual sewer service lines, septic tanks connected to community wastewater systems, grinder pump stations, or other individual facilities are not required to be inspected. Tribal wastewater utility staff can request such individual facilities or clusters of such facilities to be inspected on a limited basis, typically if there are systematic problems common to many homes’ individual facilities (e.g.

no cleanouts on service lines, septic tanks installed without effluent filters, grinder pump stations prone to failure).

o Collection System. A representative sample (10% - 25% typically) of manholes and sewer main cleanouts shall be opened and visually inspected. Entry is not allowed unless completed in full compliance with

OSHA regulations. For other components of the collection system, note any obstructions or visible deficiencies that are obvious without opening the manhole or cleanout (e.g. manhole has been paved over and is not accessible, cleanout cover is missing).

o Lift Stations. All sewer lift stations, with the exception of individual grinder pump stations, shall be inspected. This shall include evaluation that all pumps and controls are functioning properly; assessing the overall lift station (including any adjacent valve vaults that may exist) for condition, functionality and safety; and determination that operation and maintenance practices are properly executed by Tribal utility staff.

Sewer Lagoons. All sewer lagoons shall be inspected. This shall include evaluation of dikes, lagoon capacity, visual characteristics of wastewater and fencing / signage.

o Community Septic Systems: All community septic systems serving 3 or more homes, with or without advanced treatment, shall be inspected.

Inspection shall include tank(s), advanced treatment systems, distribution box, pumping stations and drainfields. TAP is not expected to excavate buried facilities to have access to perform inspection. If Tribe wishes such a buried facility (e.g. septic tank without risers) to be inspected, the

Solicitation – Wastewater Sanitary Surveys

Tribe should arrange for excavation in conjunction with the sanitary survey.

o Treatment Systems: All community treatment systems shall be inspected.

This shall include all treatment processes (primary or advanced), all mechanical systems, laboratory facilities, sludge handling and disposal, disposal of effluent, records keeping, safety and other operation and maintenance processes. If plant is operating under a National Pollutant

Discharge Elimination System (NPDES) permit, survey shall include an overview of compliance with the permit, including an inspection of records for the previous three years.

o Adjacent Systems: If treatment and/or disposal are handled by an adjacent system, the TAP is not required to include that adjacent system in the survey. If the adjacent system’s inability to provide service has caused problems for the Tribe, this should be noted in the report.

4. Upon conclusion of all inspections in the field, sanitary survey should conclude with a second on-site meeting of all participants (i.e. exit meeting). This will give the TAP a chance to note any clear deficiencies to the Tribe in advance of the report, request any additional documentation it may need to complete the survey report and share its anticipated timeline for completing the report. Tribe and other participants may ask any final questions as well during this meeting.

5. During the course of inspection of facilities and the entry and exit meetings, information and documentation about the managerial and financial processes for the utility (e.g. emergency response plan, safety plan, annual budget, ordinances) shall be gathered and evaluated when possible. To the extent that the Tribe is willing to share any such documents, they may be evaluated after the survey is completed.

Any training or technical assistance needs observed during the survey or requested specifically by the Tribe should be noted as well.

6. TAP may wish to request information or documentation not available during the survey in a follow-up e-mail. Such an e-mail would include a reasonable deadline for submitting such information – typically about two weeks.

7. After the survey visit and a reasonable effort has been made to obtain all information and documentation, TAP shall prepare a sanitary survey report, described below.

8. Draft survey report shall be transmitted to EPA, IHS and the Tribe for review.

Those entities shall be given a reasonable time to provide corrections or comments.

9. Final survey report shall be transmitted to EPA, IHS and the Tribe.

Deliverables

A complete and comprehensive sanitary survey report is the primary deliverable for each Tribal wastewater system surveyed. Each wastewater system surveyed shall have a separate report written for it, even if multiple systems are owned and operated by the same Tribe.

The sanitary survey report shall consist of the following:

1. A narrative report of the sanitary survey. Report shall consist of:

a. Introduction, listing participants and details of the field survey and basic information about the wastewater system.

b. Collection System, with information about the wastewater collection system, including information about each lift station on the system.

c. Treatment and Disposal, with information about the lagoon, community septic system, and/or treatment and disposal system.

d. Monitoring, Reporting and Permit Compliance, if the treatment plant is a NPDES permitted facility.

e. Management and Operations, with information about all aspects of management and operations collected from the survey process. This should also include a discussion of whether the Tribe has obtained any funding resources or technical assistance to manage the wastewater systems.

f. Operator Compliance, if required.

g. Technical Assistance or Training Needs observed during the sanitary survey process or requested specifically by the Tribe should be noted in the report.

h. Deficiencies and Recommendations, with a list of all noted deficiencies and recommendations for how these deficiencies should be corrected. When possible, deficiencies should be linked to photos

(see below), so the deficiency is clear.

i. Deficiencies would typically be relative to a NPDES permit, Underground Injection Control (UIC) permit, or the regional

Solicitation – Wastewater Sanitary Surveys

Water Discharge Requirements (WDR) Basin Plan, even when the State has no jurisdiction.

ii. Deficiencies may also be relative to any other federal, state or local codes and design guidelines, regardless of applicability.

iii. Recommendations to address deficiencies may include changes in procedures, new or upgraded facilities, or training or technical assistance.

2. A completed sanitary survey form (Exhibit B) for the wastewater system surveyed. Form shall be typed, with a neat and orderly appearance.

a. Within the form, include a map schematic showing major facilities from an aerial perspective and a flow schematic showing the sources of wastewater and flow through collection systems, lift stations, treatment processes and ultimate disposal of effluent and sludge.

3. Photos of facilities with descriptive captions. These photos should show the condition of all primary components of the systems, in particular documenting deficiencies described in the report.

The draft survey report shall be transmitted to IHS, EPA and the Tribe’s environmental director and utilities / public works director for comment for a reasonable period, typically about two to three weeks.

Final survey report shall be transmitted electronically to IHS, EPA and the Tribe’s chairperson, environmental director and utilities / public works director. TAP shall also send the Tribe’s chairperson a hard copy of the full survey report with cover letter.

Payment

The 3 tiers are explained below:

Tier 1 System Tier 2 System Tier 3 System

Any community septic tank / drainfield system with no lift stations or advanced treatment.

Any wastewater collection system

Any system that does not meet the Tier 1 or

Tier 3 criteria shall be classified as a Tier

2 system

Examples include community septic tank / drainfield

Any system with an

NPDES permit for disposal, regardless of type of treatment provided.

Any system with a sequencing batch reactor (SBR) or

Solicitation – Wastewater Sanitary Surveys with treatment and disposal by an adjacent system

(even if lift stations are included).

system with advanced treatment

(e.g. Orenco

Advantex) or lagoon system with no prior treatment.

membrane bioreactor

(MBR) treatment process.

Proposal Submission

Proposal pricing shall be submitted on the attached form by (date and time).

Proposals shall be submitted for one base year and four option years. Quantities are based on an estimate of work to be performed in a one-year period and are not guaranteed. Task orders will be issued subsequent to contract award.

Supporting documentation of experience and qualifications should also be submitted with the proposal. These requirements are explained in depth in the

Qualifications section above.

Proposalp and supporting documentation shall be submitted to:

California Area Indian Health Service

ATTN: Wesley Simmons

650 Capitol Mall, Suite 7-100

Sacramento, CA 95814

Wesley.Simmons@ihs.gov

Include with proposal all documentation of qualifications as described above.

Contacts

Jonathan Rash

(916) 930-3981, ext. 344 jonathan.rash@ihs.gov

Contracting questions or any technical questions about the contract should be addressed to:

Wesley Simmons mailto:rachel.rosas@ihs.gov mailto:jonathan.rash@ihs.gov

Solicitation – Wastewater Sanitary Surveys

(916) 930-3981, ext. 205 wesley.simmons@ihs.gov

10. Payment Schedule:

PRICING SCHEDULE

The Contractor shall furnish all labor, materials, equipment, and supplies necessary to to perform sanitary surveys for tribal wastewater utilities as detailed in the Performance

Work Statement, and the terms and conditions of subject contract.

L/I Description Qty Unit Price Extended Price

Base Period

1 Sanitary Surveys for Tier 1 Systems 3 $ $

2 Sanitary Surveys for Tier 2 Systems 3 $ $

3 Sanitary Surveys for Tier 3 Systems 3 $ $

4 Base Period Travel (Estimated)* 1 $

Option Period 1

1001 Sanitary Surveys for Tier 1 Systems 3 $ $

1002 Sanitary Surveys for Tier 2 Systems 3 $ $

1003 Sanitary Surveys for Tier 3 Systems 3 $ $

1104 Option Period 1 Travel (Estimated)* 1 $-

Option Period 2

2001 Sanitary Surveys for Tier 1 Systems 3 $ $

2002 Sanitary Surveys for Tier 2 Systems 3 $ $

2003 Sanitary Surveys for Tier 3 Systems 3 $ $

2004 Option Period 2 Travel (Estimated)* 1 $-

Option Period 3

3001 Sanitary Surveys for Tier 1 Systems 3 $ $ mailto:wesley.simmons@ihs.gov

3002 Sanitary Surveys for Tier 2 Systems 3 $ $

3003 Sanitary Surveys for Tier 3 Systems 3 $ $

3004 Option Period 3 Travel (Estimated)* 1 $-

Option Period 4

4001 Sanitary Surveys for Tier 1 Systems3 3 $ $

4002 Sanitary Surveys for Tier 2 Systems 3 $ $

4003 Sanitary Surveys for Tier 3 Systems 3 $ $

4004 Option Period 4 Travel (Estimated)* 1 $-

Total Base Period $

Total Option Period One $

Total Option Period Two $

Total Option Period Three $

Total Option Period Four $

Contract Line Item Number (CLIN) Schedule Notes

1. Prices must be submitted on all individual items of this CLIN

Schedule. Failure to do so may cause the proposal to be deemed

“unacceptable.”

2. Arithmetic Discrepancies. For the purpose of initial evaluation of offer(s), the following will be utilized in resolving arithmetic discrepancies found on the face of the CLIN Schedule as submitted by the offeror(s): (a) obviously misplaced decimal points will be corrected; (b) apparent errors in addition of CLIN will be corrected.

3. If a modification to a price is submitted which provides for lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the CLIN schedule must be stated, the offeror agrees that the lump sum

Solicitation – Wastewater Sanitary Surveys adjustment shall be applied on a pro rata basis to every item in the CLIN

Schedule.

4. The offeror shall distribute indirect costs (overhead, profit, bond, etc.)

over all the items in the CLIN Schedule. The Government will review all submitted CLIN Schedules for any unbalancing of the items. Any submitted

CLIN Schedule determined to be unbalanced may cause the proposal to be determined “unacceptable.”

5. Actual travel expenses will be paid per joint travel regulations based on contractor invoices for ordered work.

6. The Government will evaluate offers for award purposes by adding the total prices for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s).

7. The options for this project are subject to availability of funding. Funds are not presently available for the options listed in this contract. The

Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting for this contract and until

Contractor receives notice of such availability, to be confirmed in writing by the

Contracting Officer.

Contract Clauses

Commercial Items and Services

Incorporate by Reference:

52.202-1 Definitions (NOV 2013)

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)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (APR 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.222-17 - Nondisplacement of Qualified Workers (MAY 2014)

52.222-50 Combating Trafficking in Persons (JAN 2019)_

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

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52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-Representation and Certifications (AUG 2018)

52.232-1 Payments (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.244-6 Subcontracts for Commercial Items (JAN 2019)

By Full Text

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

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

Standards Publication (FIPS PUB) Number 201.

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

(1) When no longer needed for contract performance.

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

(3) Upon contract completion or termination.

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

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

(End of Clause)

52.204-13 – System for Award Management Maintenance.

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

System for Award Management Maintenance (Oct 2018)

(a) Definition. As used in this clause--http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P632_77452

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“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 (SAM) 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 Contractor 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 Contractor has completed the Core, Assertions, Representations and

Certifications, 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

Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

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

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

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

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

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

“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) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

http://www.sam.gov/

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(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.

Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the

Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in the SAM;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the

“Suspension of Payment” paragraph of the EFT clause of this contract.

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(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

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

(End of Clause)

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

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

Source Selection Plane in Accordance with FAR 12.6-Steamlined

Procedures for Evaluation and Solicitation for Commercial Items

This solicitation 75H70319R00007 to provide services to approximately

35 Tribal wastewater systems served by California IHS that serve at least one Indian home (see Exhibit A). While Tribal drinking water systems are routinely surveyed by EPA Region 9, Tribal wastewater systems have not received a similar regular evaluation of infrastructure conditions and managerial practices. The sanitary survey process provides Tribal utilities with valuable recommendations on infrastructure improvements, changes in operations and maintenance (O&M) procedures, and organizational improvements to make operations more sustainable.

California Area IHS currently has funding available to commit to a limited number of Tribal wastewater sanitary surveys in the base year. Should funding continue to be available, IHS plans for sanitary surveys to be http://www.sam.gov/ https://www.sam.gov/

Solicitation – Wastewater Sanitary Surveys conducted every year for four years for all Tribal wastewater utilities who are willing to participate in this requirement. Funding for the sanitary surveys has been provided by the Environmental Protection Agency

(EPA) Clean Water Indian Set Aside (CWISA). Funds for Technical

Assistance through the CWISA were transferred to the Indian Health

Service through an Interagency Agreement.

NON-PRICED EVALUATION FACTORS

Factor 1 Technical Experience-Offeror must provide relevant and recent experience with details. Recent is defined as within the last 10 years.

Relevant is defined as the offeror must provide demonstrated experience in wastewater operations, technical assistance to wastewater utilities, or a combination of both. The offeror shall include all the following documentation below in the proposal to be deemed technically acceptable:

• Demonstrated experience assisting three (3) Federally Recognized

Tribes are acceptable. Point of contracts must include Tribe mane, POC name, Title-if applicable, phone and email address.

• A copy of their current certificate for Wastewater Operator in the

State of California, minimum Grade IV.

o A similar or higher level of certification from another entity, such as the Inter Tribal Council of Arizona (ITCA), may be allowed if such certification is recognized by EPA Region 9 as equivalent to a State of

California certification.

• A written description of projects demonstrating wastewater operation experience with a minimum ten (10) years of experience in wastewater operations; technical assistance to wastewater utilities; or a combination of both. Each project listed shall include a brief description of the project scope of work and a references of employers or projects.

Offeror must provide points of contract for projects listed of proposal including project title, POC name, email address and phone number.

NOTE: Project descriptions shall not exceed two pages, front and back on

8x11 paper. If more pages are included only the first two (2) pages shall be evaluated.

• Written description of prior experience with wastewater treatment and collection inspections. Documentation of the TAP’s inspection experience shall include at least three (3) references for inspections completed within the last five years to include project name, title, phone and email address.

Factor 2

• Past Performance: Offeror must provide past performance and must include dates of coverage with point of contact with project titles or contract numbers, names, phone numbers and/or email addresses. Past performance within the last ten (10) years form the technical experience mentioned above. The requirement considers work comparable in size and scope to the related work required in this solicitation.

Factor 3

Price – Lowest Price Technically Acceptable (LPTA). Award will be made to offeror utilizing LPTA not trade-off procedures. LPTA and the evaluation of the lowest offeror will be evaluated first and if deemed technically acceptable, no other offeror will be evaluated. If not deemed technically acceptable, then the next lowest priced offeror will be evaluated until deemed technically acceptable. No other offerors will be evaluated.

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

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

All technical reviewers will be give the non-disclosure form to sign before give the lowest priced offeror to evaluate. If the lowest priced offer is technically acceptable, no other offeror will be evaluated. However, if the lowest priced offeror is not deemed technically acceptable, then the next lowest offeror will be evaluated by the technical team until one is deemed technically acceptable. If this occurs then a debriefing will be given to the non-technically acceptable offeror.

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

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

Contract Terms and Conditions -- Commercial Items (Oct 2018) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

Solicitation – Wastewater Sanitary Surveys

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

Solicitation – Wastewater Sanitary Surveys

(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, line item number and, if applicable, the order number;

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

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

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

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

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

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

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

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

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

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5

CFR part 1315.

Solicitation – Wastewater Sanitary Surveys

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid

Solicitation – Wastewater Sanitary Surveys within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

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

Solicitation – Wastewater Sanitary Surveys

(vii) The interest charge made under this clause may be…