RFP 75H70325R00001.pdf

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Products and Commercial Services (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The California Indian Health Service (IHS) intends to award a Firm-Fixed Price, Non-Personal Service Type, Commercial

Item, Contract in response to Request for Proposal (RFP).

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03/1-17-2025.

D. This RFP is issued as 100% Service Disabled Veteran Owned Small Business, and the associated NAICS Code is 541614, which has a small business standard of $20 Million Dollars.

E. The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the attached Price Schedule for:

1. Office Furniture – total amount of all items requested $________________________________.

2. Installation of Furniture $________________________________.

3. Moving/Disposal of existing furniture $________________________________.

Total Value of Contract $________________________________.

F. To provide furniture, installation of furniture, moving services, and disposal of existing furniture.

G. To be provided for Escondido Indian Health Service, Escondido, California, 92025. See Specifications attached and complete. The period of performance will be Date of Award through April 4, 2025.

H. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (September 2023).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number: 75H70325R00001

2. Closing Date: March 4, 2025 at 12:00 pm CST.

3. Name, address and telephone number of company and email address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of 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 (if any issued)

10. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

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

I. Basis of award is Lowest Price, Technically Acceptable “LPTA” factors determining the successful contractor. The

Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall prices.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of two subfactors:

1.) Meeting all areas under the Statement of Work & “Specifications” (See Brand Name Justification); and, 2.) Price.

1.) Shall provide the items stated in the Specifications (See Brand Name Justification) and meet the Statement of Work requirements.

2.) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (May 2024)

See attachment for full text. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (November 2023) –

See attachment; in by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Products and Commercial Services (January 2025) - See attachment for full text.

M. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable including below.

N. Offers will be accepted electronically, Submit via e-mail to the following:

California Area Indian Health Service Attn: Samantha Marcellais, Contract Specialist Email: samantha.marcellais@ihs.gov

Any questions, please submit by February 25, 2025 by 12:00 pm CST.

Contractors will need a UEID, TIN number, and be registered with www.sam.gov.

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no “Gray Market Goods” or “Counterfeit Electronic Parts” shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM’s) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program

INDIAN HEALTH SERVICE

Statement of Work (SOW)

Project Title: Furniture and Moving Contractor- Office Relocation for Escondido Indian Health District Office

La Terrazza Corporate Center 700 La Terraza Blvd

Escondido, CA 92025

Contracting Agency: Indian Health Services, U.S. Federal Government U.S. Department of Health and Human Services

Indian Health Service 650 Capitol Mall, Suite 7-100

Sacramento, CA 95814

1.0 Introduction

The purpose of this Statement of Work (SOW) is to outline the responsibilities, expectations, and deliverables for relocating the Escondido Indian Health Service (IHS) District Office from 1320 West Valley Parkway, Ste. 309, Escondido, CA to 700 La Terraza Blvd, Escondido, CA (about one mile away). The contractor will provide comprehensive furniture selection services, procure furniture, install new furniture, moving services and disposal of existing furniture also act as the furniture vendor, ensuring a seamless transition with minimal disruption to operations.

2.0 Background

The California Area IHS Escondido District Office (EDO) lease is expiring on April 4, 2025. EDO plans to move into a new office in Escondido on April 1, 2025, and vacate existing Escondido office by April 4, 2025. The office remains in the Escondido area due to its strategic location, providing essential services to 32 tribal communities across southern California. This relocation will ensure continued service delivery while updating office furniture to meet current ergonomic and operational standards.

3.0 Scope of Work

The contractor shall provide comprehensive furniture selection services, moving services, including packing, transportation, and setting up of furniture, equipment, and moving sensitive documents from the current location to the new office.

Services Include:

3.1 Interior design/furniture selection services

Meet with I.H.S. and GSA personnel to design then select furniture for new office 3.1..1 Selected furniture shall consider proposed electrical and data/voice outlets for access after installation 3.1..2 Selected furniture shall have “open backs” to access electrical and data/voice outlets after installation and reduce loose cabling

3.1..3 Kick-off meeting then final furniture selection meeting Provided an updated floor plan drawing with specific furniture and names of employees Allow the government 10 business days to provide feedback for each iteration

3.2 Purchase furniture

Coordinate closely with I.H.S. and GSA personnel to purchase new furniture and if needed store in preparation for moving-in

3.3 Install furniture

Coordinate closely with I.H.S. and GSA personnel to install new furniture at the new Escondido office and if needed store in preparation for moving-in

3.4 Pre-Move Planning

Attend a project kickoff meeting with IHS representatives to finalize the move plan and schedule.

3.5 Packing and Preparation

Provide all packing materials including securing containers for sensitive documents. Includes: boxes, tape, dolly and blankets

Label and inventory all items in accordance

3.6 Transportation

Use secure trucks equipped with lifts, climate control for the transport of sensitive equipment.

Ensure vehicles comply with federal transportation safety standards.

3.7 Unpacking and setup

Unpack items at the new location and place them in accordance with the provided floor plan.

Re-assembly and position furniture and equipment as necessary.

3.8 Post-Move Cleanup and disposal of existing furniture:

Remove and properly dispose of all packing materials, in accordance with environmental regulations.

Dispose of the existing furniture at Escondido office offsite

4.0 Technical Requirements

4.1 Security and Access: All contractor personnel must comply with federal security requirements, including identification badges, which must be always worn. Classified documents and equipment must be handled in accordance with federal security guidelines.

5.0 Furniture Procurement and Setup

5.1 Furniture Purchase:

Act as the vendor for office furniture, providing an itemized list of furniture to be procured.

Ensure furniture meets ergonomic and operational standards.

5.2 Delivery and Assembly:

Coordinate delivery of all furniture to the new location.

Assemble and position furniture as specified in the floor plan.

6.0 Deliverables

The contractor shall provide the following:

6.1 Move Plan & Schedule: Submitted within five business days after the kickoff meeting.

6.2 Furniture Procurement Plan: Include a list of items, vendor details, and cost estimates.

6.3 Inventory Report: A detailed inventory of all items before the move, cross-checked after delivery

6.4 Post-Move Inspection Report: Submitted within two days after the move, documenting the condition of all items and notifying of any damage or discrepancies.

7.0 Schedule

7.1 Furniture selection then purchase

7.2 Pre-Move Planning and Site Visits

7.3 Furniture Delivery and Assembly

7.4 Packing and Preparation

7.5 Transportation

7.6 Unpacking, Setup, Cleanup: and Disposal

8.0 Place of performance

8.1 Current Location: 1320 West Valley Parkway, Ste. 309 Escondido, CA

8.2 New Location: 700 La Terraza Blvd, Escondido, CA

9.0 Government-Furnished Property (GFP)

9.1 The following government-furnished property will be provided:

A detailed floor plan for the new office layout.

10.0 Period of performance: Date of Award through 4/4/2025.

10.1 The contractor is expected to meet the following performance standards:

Timeliness: All work must be completed within the agreed-upon schedule.

Damage-Free Handling: No more than 2% of items may be damaged. Any damage must be reported immediately.

Accuracy: Items must be placed according to the floor plan, and the inventory must match pre-move and post-move checks.

Failure to meet these standards will result in corrective action and potential penalties as outlined in the contract.

11.0 Payment Terms

Payments will be made based on the following milestones and all payments will adhere to the Prompt Payment Act. 31 31 U.S.C. § 3901

12.0 Points of Contact

12.1 Realty Specialist

Tasha Wade, Tasha.Wade@ihs.gov Work Cell: 240-676-5344 And backup is Ali: Ali.Ali@ihs.gov and cell: 707-561-2826

12.2 Escondido office point of contact

Joshua Sims, Joshua.Sims@ihs.gov Phone: 442-224-2684

12.3 Contracting Specialist

Samantha Marcellais, Samantha.Marcellais@ihs.gov

13.0 Special Considerations

13.1 Adhere to OSHA and low VOC emitting furniture/materials

13.2 Use environmentally friendly packing and shipping materials whenever possible.

Attachments:

1. Floor Plan and photos of existing Escondido office

2. 100% Construction Drawings for new Escondido office

3. Price Schedule

4. Specifications

ADA

48"w x 42"d flat plan storage

48"w x 42"d flat plan storage

Jan.

Closet

Men's restroom

Women's restroom

Building Lobby ROOM LEGEND

100 RECEPTION

101 RECEPTION DESK

102 WORK AREA

103 OFFICE

104 SERVER

105 OFFICE

106 OFFICE

107 OPEN OFFICE

108 OFFICE

109 OFFICE

110 OFFICE

111 OFFICE

112 STORAGE

113 COFFEE BAR

114 OPEN OFFICE

115 CONFERENCE

PLAN CHECK

10.30.2024

Revisions

DRAWN BY CHECKED BY

PROJECT NUMBER

SCALE

DATE

1212.08

LRTY

08.23.2024

All drawings and written material appearing h er e i n c ons t i t u t e t h e o r ig i na l an d unpublished work of RBN Design and the same may not be duplicated, used or disclosed without the written consent of RBN Design.

C O M M E R C I A L I N T E R I O R S

9445 Farnham Street Suite 101

San Diego, CA 92122 619.297.1011 www.rbn-design.com

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FURNITURE KEY NOTES

1. Furniture to be purchased by tenant. RBN Design to provide design consultation for finish selections and dimensions as needed.

2. Private office: Assume 72" x 30" sit to stand desking with returns, work surface with lateral files and rolled plan storage below, 24" w wardrobe with 42" h hanging storage at top and 2 shelves below, open shelving at back wall above work surface and task lighting.

Free standing bookcase with one (1) guest chair and one (1) task chair.

3. Open office: Assume all workstations to be 7' x 8'. To include sit to stand desking with return, file storage, wardrobe, bookshelf/open shelves, rolled plan storage and task lighting. All panels to be 60" minimum. One (1) task chair.

4. OMIT

5. OMIT

6. OMIT

7. New white boards at private offices, conference room and reception.

8. Tenant to relocate existing, plotter, copy/printer and all appliances.

9. Conference room 115: Assume new conference table with twelve to fourteen chairs (12-14). Table to accept floor power/data through legs.

10. Reception 100: Assume two guest chairs.

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Item Description Entry Offices Cubicles Hallway Storage RM Conf. RM Trash Cans Total Qty Unit Unit Price Total Price 1 Pinnacle Guest Chairs - Mobile 2 2 EA 2 Deluxe Leather Chair 1 7 6 14 EA 3 Downtown Bookcase - 5 Shelf, Gray 3 7 3 13 EA 4 In/Out Staff Board - 15 Person 1 1 EA 5 Magnetic Steel Dry Erase Board - 6x4' 7 2 9 EA 6 Downtown Adjustable Height L-Desk 7 7 EA 7 Lateral File with Hutch 2 2 EA 8 Downtown Office Tables - Rectangle 2 2 EA 9 Rolled plan storage- 12 compartment 7 6 13 EA 10 Fabric Manager's Chair 7 7 EA 11 Easy-Adjust Desktop Monitor Mount - Dual 7 7 EA 12 Downtown Privacy Workstation - Single Row, 2-Person 3 3 EA 13 Downtown Privacy Workstation Overhead Cabinet 6 6 EA 14 Downtown Mobile Pedestal Files, 3 Drawer 6 6 EA 15 Flat File Cabinet - 48x36" 8 8 EA 16 Flush Base for 48 x 36" Flat File Cabinet 2 2 EA 17 Lateral File Cabinet - 42" Wide, 4 Drawer 8 8 EA 18 Quick Adjust Mop/Broom Holders 3 3 EA 19 Downtown Conference Table - Powered, 144 x 48", Gray 1 1 EA 20 Air Mesh Chair 14 14 EA 21 Rubbermaid Office Trash Can - 3 Gallon, Black 14 14 EA 22 Uline Thin Trash Can 1 1 EA

Price Schedule

Specifications:

1. Pinnacle Guest Chairs – Mobile Brand: ULINE Model Number: H-9749BL Size: 19x20” Capacity: 300 LBS.

Weight: 19 LBS.

Seat Height: 19” Color: Black https://www.uline.com/BL_3562/Pinnacle-Guest-Chairs

2. Deluxe Leather Chair – Black Brand: ULINE Model Number: H-10249BL Seat Dimensions WxD: 21x20” Capacity: 300 LBS.

Adjustable Height: 20-24” Weight: 53 LBS.

Color: Black https://www.uline.com/Product/Detail/H-10249BL/Office-Chairs/Deluxe-Leather-Chair-

Black?model=H-10249BL&RootChecked=yes

3. Downtown Bookcase – 5-Shelf, Gray

Brand: ULINE Model Number: H-6286GR Dimensions WxDxH: 32x14x71” Shelf Cap.: 150 LBS.

Weight: 137 LBS.

https://www.uline.com/Product/Detail/H-6286GR/Office-Storage/Downtown-Bookcase-5-

Shelf-Gray

4. In/Out Staff Board – 15 Person

Brand: ULINE Model Number: H-5831 Size WxH: 23x16” Weight: 5 LBS.

https://www.uline.com/Product/Detail/H-5831/Boards-Easels/In-Out-Staff-Board-15-Person

5. Magnetic Steel Dry Erase Board – 6x4’ Whiteboard Brand: ULINE Model Number: H-5829 Size: 6x4’ Weight: 47 LBS.

https://www.uline.com/Product/Detail/H-5829/Boards-Easels/Magnetic-Steel-Dry-Erase-

Board-6-x-4

6. Downtown Adjustable Height L-Desk

Brand: ULINE Model Number: H-11107 Dimensions LxWxD: 60x60x24” Capacity: 275 LBS.

Weight: 177 LBS.

https://www.uline.com/BL_3289/Downtown-Adjustable-Height-Desks

7. Lateral File with Hutch Brand: ULINE Model Number: H-11438GR Dimensions WxDxH: 36x22x72” Weight: 265 LBS https://www.uline.com/BL_4373/Downtown-Cabinets-with-Hutch

8. Downtown Office Tables - Rectangle Brand: ULINE Model Number: H-8999 Dimensions LxW: 48x24” Weight: 54 LBS.

https://www.uline.com/BL_2515/Downtown-Office-Tables

9. Rolled Storage Box – 12 Compartment Brand: ULINE Model Number: S-12782 Size WxDxH: 15x12x22” Compartment Size: 3 7/8 x 3 5/8” https://www.uline.com/Product/Detail/S-12782/Storage-File-Boxes/Roll-Storage-Box-12-

Compartment

10. Fabric Manager’s Chair

Brand: ULINE Model Number: H-4118 Seat Dimensions WxD: 19x20” Capacity: 275 LBS.

Adjustable Height: 17-21” Weight: 32 LBS.

https://www.uline.com/Product/Detail/H-4118/Office-Chairs/Fabric-Managers-Chair

11. Easy-Adjust Desktop Monitor Mount – Dual Brand: ULINE Model Number: H-7621 Load Cap.: 40 LBS.

Weight: 11 LBS.

https://www.uline.com/Product/Detail/H-7621/Audio-Visual-Equipment/Easy-Adjust-

Desktop-Monitor-Mount-Dual

12. Downtown Privacy Workstation – Single Row, 2-Person, 62” Height, Gray

Brand: ULINE Model Number: H-10835-62

Dimensions LxW: 148x74” Weight: 715 LBS.

Height: 62” Color: Gray https://www.uline.com/Product/Detail/H-10835-62/Downtown-Privacy-

Workstations/Downtown-Privacy-Workstation-Single-Row-2-Person-62-Height- Gray?model=H-10835-62&RootChecked=yes

13. Downtown Privacy Workstation Overhead Cabinet – 29x11x11” Brand: ULINE Model Number: H-9213 Dimensions WxDxH: 29x11x11” Weight: 25 LBS.

Color: Gray https://www.uline.com/Product/Detail/H-9213/Downtown-Privacy-

Workstations/Downtown-Privacy-Workstation-Overhead-Cabinet-29-x-11-x-11- Gray?model=H-9213&RootChecked=yes

14. Downtown Mobile Pedestal Files – 3 Drawer Brand: ULINE Model Number: H-8953 Dimensions WxDxH: 16x20x26” Weight: 69 LBS.

Color: Gray https://www.uline.com/BL_3666/Downtown-Mobile-Pedestal-Files

15. Flat File Cabinet – 48x36” Brand: ULINE Model Number: H-11601 No. of Drawers: 5 Fits Paper Size: 48x36” Dimensions WxDxH: 53x41x16” Weight: 211 LBS.

https://www.uline.com/Product/Detail/H-11601/Office-Storage/Flat-File-Cabinet-48-x-36

16. Flush Base for 48x36” Flat File Cabinet Brand: ULINE Model Number: H-11602 Weight: 20 LBS.

https://www.uline.com/Product/Detail/H-11602/Office-Storage/Flush-Base-for-48-x-36-

Flat-File-Cabinet

17. Lateral File Cabinet – 42” Wide, 5 Drawer

Brand: ULINE Model Number: H-6396T No. of Drawers: 5 Dimensions WxDxH: 42x18x65” Weight: 234 LBS.

Color: Tan https://www.uline.com/Product/Detail/H-6396T/Office-Storage/Lateral-File-Cabinet-42-

Wide-5-Drawer-Tan?model=H-6396T&RootChecked=yes

18. Quick Adjust Mop/Broom Holder – 20”

Brand: ULINE Model Number: H-6089 Dimensions WxDxH: 20x3x2” No. of Clips: 4 https://www.uline.com/Product/Detail/H-6089/Tool-Racks-and-Holders/Quick-Adjust-Mop-

Broom-Holder-20?keywords=H-6089

19. Downtown Conference Table – Powered, 144x48”, Gray

Brand: ULINE Model Number: H-8237 Shape: Rectangle Dimensions LxW: 144x48” Seating Capacity: 12 Weight: 311 LBS.

https://www.uline.com/Product/Detail/H-8237/Office-Tables/Downtown-Conference-

Table-Powered-144-x-48-Gray

20. Air Mesh Chair

Brand: ULINE Model Number: H-9154 Seat Dimensions WxD: 19x18” Capacity: 275 LBS.

Adjustable Height: 17-21” Weight: 20 LBS.

Color: Black https://www.uline.com/BL_3284/Air-Mesh-Chair?keywords=conference+chair

21. Rubbermaid Office Trash Can – 3 Gallon, Black Brand: ULINE Model Number: S-14491BL Capacity: 3 Gallon Size LxWxH: 11x8x12” Weight: 1 LBS.

Color: Black https://www.uline.com/Product/Detail/S-14491BL/Plastic-Indoor-Trash-Cans/Rubbermaid-

Office-Trash-Can-3-Gallon-Black?model=S-14491BL&RootChecked=yes

22. ULINE Thin Trash Can

Brand: ULINE Model Number: H-5148 Description: 23 Gallon Size LxWxH: 20x11x30” Weight: 8 LBS.

Color: Black https://www.uline.com/BL_1145/Uline-Thin-Trash-Can?keywords=office+trashcan

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Commercial Services & Supplies)

FAR CITATION: 52.252-2: Clauses Incorporated by Reference. (FEB 1998) I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.202-1 Definitions. June 20202

2. 52.203-5 Covenant Against Contingent Fees. May 2014

3. 52.204-7 System for Award Management. November 2024

4. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel.

5. 52.204-13 System for Award Management Maintenance. October 2018

6. 52.204-16 Commercial and Government Entity Code August 2020 Reporting.

7. 52.204-17 Ownership or Control of Offeror. August 2020

8. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance.

9. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications.

10. 52.211-6 Brand Name or Equal. August 1999

11. 52.212-1 Instructions to Offerors – Commercial September 2023 Products and Commercial Services.

12. 52.212-4 Contract Terms and Conditions November 2023

- Commercial Products and Commercial Services.

13. 52.225-25 Prohibition on Contracting with Entities June 2020 Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification.

14. 52.228-5 Insurance – Work on a Government Installation. January 1997

15. 52.232-1 Payments. April 1984

16. 52.232-39 Unenforceability of Unauthorized Obligations. June 2013

17. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors.

18. 52.233-3 Protest after Award. August 1996

19. 52.233-4 Applicable Law for Breach of Contract Claim. October 2004

20. 52.237-2 Protection of Government Buildings, April 1984 Equipment, and Vegetation.

21. 52.240-1 Prohibition on Unmanned Aircraft Systems November 2024 Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

22. 52.247-21 Contractor Liability for Personal Injury April 1984 And/or Property Damage.

23. 52.247-34 F.o.B. Destination. January 1991

CLAUSES INCORPORATED IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.212-3 Offeror Representations and Certifications – May 2024

Commercial Products and Commercials Services. (See attached)

2. 52.212-5 Contract Terms and Conditions Required To January 2025 Implement Statues or Executive Orders – Commercial Products and Commercial Products

And Commercial Services. (See attached)

3. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference.

4. 52.252-2 Clauses Incorporated by Reference. February 1998

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

III. Department of Health and Human Services Acquisition Regulations (HHSAR) (49 Chapter 3)

Clauses

No. HHSAR Citation Clause Title Clause Date_ ____

1. HHSAR 352.232-71 Electronic Submission of Payment Requests. February 2022

352.232-71 Electronic Submission of Payment Requests.

As prescribed in HHSAR 352.232-71, the contracting officer shall insert the following clauses:

Electronic Submission of Invoice Payment Requests (Feb 2022)

(a) Definitions. As used in this clause Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), Content of Invoices and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system.

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(END OF CLAUSE)

Unless otherwise agreed to by the contracting officer per HHSAR 352.232-71(c), the use of IPP shall take precedence over previously established invoicing procedures.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

(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 products and commercial services:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.

4655).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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HHS Residual Standards of Conduct

These Standards were published in a booklet entitled "Standards of Conduct" on March 30, 1989 (45 CFR Part 73). Subsequently, HHS published the Supplemental Standards of Ethical Conduct for Employees of DHHS which covers ethics rules and regulations. Therefore, only the following subparts and sections of the HHS Standards of Conduct remain in effect. [Please consult with the Office of General Counsel prior to taking any action based on any of these subpart/sections. Revised by OGC, 5/2/2000.]

§ 73.735-301 -- Courtesy and consideration for others

§ 73.735-302 -- Support of department programs

§ 73.735-305 -- Conduct in Federal buildings

§ 73.735-306 -- Sexual harassment

§ 73.735-508(e) -- Government decisions Outside Official channels

§ 73.735-805 -- Advice and guidance on conflicts matters

Subpart L -- Disciplinary Action (§ 73.735-1201)

Subpart M -- Reporting Violations (§§ 73.735-1301 -- 73.735-1304)

Appendix to Part 73 -- List of Some Offenses for Which Disciplinary Action May be Taken

§ 73.735-301 Courtesy and consideration for others.

(a) An employee's conduct on the job is, in all respects, of concern to the Federal government. Courtesy, consideration, and promptness in dealing with the public must be shown in carrying out official responsibilities, and actions which deny the dignity of individuals or conduct which is disrespectful to others must be avoided. Employees must recognize that inattention to matters of common courtesy can adversely affect the quality of service the Department is responsible for providing. Where appropriate, courtesy to the public should be included in the standards for employee performance.

(b) Of equal importance is the requirement that courtesy be shown in day-by-day interaction with co-workers. Employees shall be polite to and considerate of other employees, and shall respect their needs and concerns in the work environment.

§ 73.735-302 Support of department programs.

(a) When a Department program is based on law, Executive Order or regulation, every employee has a positive obligation to make it function as efficiently and economically as possible and to support it as long as it is a part of recognized public policy. An employee may, therefore, properly make an address explaining and interpreting such a program, citing its achievements, defending it against uninformed or unjust criticism, or soliciting views for improving it.

(b) An employee shall not, either directly or indirectly, use appropriated funds to influence, or attempt to influence, a Member of Congress to favor or oppose legislation. However, when authorized by his or her supervisor, an employee is not prohibited from: (1) Testifying, on request, as a representative of the Department on pending legislation or proposals before Congressional Committees; or (2) Assisting Congressional Committees in drafting bills or reports on request, when it is clear that the employee is serving solely as a technical expert under the direction of committee leadership.

(c) All employees shall be familiar with regulations and published instructions that relate to their official duties and responsibilities and shall comply with those directives. This includes carrying out proper orders from officials authorized to give them.

(d) Employees are required to assist the Inspector General and other investigative officials in the performance of their duties or functions. This requirement includes the giving of statements or evidence to investigators of the Inspector General's office or other HHS investigators authorized to conduct investigations into potential violations.

§ 73.735-305 Conduct in Federal buildings.

(a) An employee shall not participate while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket.

(b) An employee shall not while in or on Government-owned or leased property or while on duty for the Government solicit alms and contributions, engage in commercial soliciting and vending, display or distribute commercial advertisements, or collect private debts.

(c) The prohibitions in paragraphs (a) and (b) of this section do not preclude: (1) Activities necessitated by an employee's law enforcement duties; (2) Participation in Federally sponsored fund-raising activities conducted pursuant to Executive Order 10927, or similar HHS approved activities; or (3) Buying a lottery ticket at an authorized State lottery outlet for a lottery authorized by State law and conducted by an agency of a State within that State.

(d) General Services Administration regulations on ''Conduct on Federal Property'' apply to all property under the control of the General

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Page 1 of 4HHS Residual Standards of Conduct

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Services Administration, and they are also applicable to all buildings and space under the control of this Department. These regulations prohibit, among other things, gambling, being intoxicated, and possession, distribution, or use of narcotic or dangerous drugs on the premises.

The GSA regulations are found in Subpart 101-20.3 of the GSA Regulations, 41 CFR 101-20.3.

§ 73.735-306 Sexual harassment.

Sexual harassment is deliberate unsolicited verbal comments, gestures, or physical contact of a sexual nature which are unwelcome. Sexual harassment is unacceptable conduct and is expressly prohibited. In addition, supervisors and managers are prohibited from taking or promising personnel actions in exchange for sexual favors, or failing to take an action because an employee or applicant for employment, refuses to engage in sexual conduct. This same prohibition applies to relationships between Department personnel who take or recommend action on a grant or contract and the grantee or contractor. Those employees who wish to file a complaint of sexual harassment should contact the Office of Equal Employment Opportunity (EEO) within their respective agencies for guidance. (Time frames for pursuing a charge alleging sexual harassment are the same as for any other complaint based on allegations of sex discrimination.)

§ 73.735-508(e) Other prohibitions.

Employees shall avoid any action whether or not specifically prohibited by this part, which might result in or create the appearance of:

(e) Making a Government decision outside official channels

§ 73.735-805 Advice and guidance on conflicts matters.

(a) Whenever an employee has a question about the appropriate course of conduct to be followed in a matter that may involve an actual or apparent conflict of interest, he or she should immediately consult with his or her supervisor or a deputy ethics counselor, or both. If a supervisor who is consulted determines that the matter warrants further consideration, he or she may, in conjunction with the employee, submit the details of the matter, in writing, to the appropriate deputy ethics counselor. These details should include a description of:

(1) The activity, relationship, or interest giving rise to the question posed by the employee;

(2) The duties or official responsibilities of the employee(s) involved;

(3) The nature of the actual or apparent conflict of interest; and

(4) Any other information that may be helpful in reviewing the problem.

(b) Upon receiving the submission of an employee or a supervisor, the deputy ethics counselor will develop any additional information about the matter as necessary, and will confer with the Department Ethics Counselor as appropriate. The Department Ethics Counselor and the head of the principal operating component or his or her designee will be informed of any serious violation of the standards of this subpart or any other conflict of interest law. Questions of first impression or other unusual matters shall be brought to the attention of the Department Ethics Counselor and the head of the principal operating component or his or her designee.

(c) On the basis of all information gathered including, where appropriate, the advice of the Department Ethics Counselor, the deputy ethics counselor will:

(1) Decide that there is no violation or potential violation of the standards of this subpart or any other law and so notify the employee and his or her supervisor in writing; or

(2) Decide that a violation or potential violation of the standards of this subpart or other law has occurred or may occur, and that the employee involved shall take one or more of the steps set forth in § 731.735-904 to resolve the problem and notify the employee and his or her supervisor in writing; or

(3) Decide that, although no violation of this subpart or other law has occurred, the nature of the matter is such that the employee should periodically report any additional information that would require reconsideration of the initial submission.

Subpart L -- Disciplinary Action (§ 73.735-1201)

§ 73.735-1201 General provisions.

(a) Violations of the regulations con-tained in the Part may be cause for disciplinary action which could be in addition to any penalty prescribed by law. (For a list of some offenses for which disciplinary action may be taken and ''The Code of Ethics for Government Service,'' the violation of which may also result in disciplinary action, see Appendixes A and B of this Part).

(b) The type of disciplinary action to be taken must be determined in relation to the specific violation. Those responsible for recommending and for taking disciplinary action must apply judgment to each case, taking into account the general objectives of meeting any requirements of law, deterring similar offenses by the employee and other employees, and maintaining high standards of employee conduct and public confidence. Some types of disciplinary action which may be considered are:

(1) Admonishment

(2) Written reprimand

(3) Reassignment

(4) Suspension

(5) Demotion

(6) Removal

(c) Suspension, demotion, and removal are adverse actions; and when such actions are taken, applicable laws, regulations, and policies must be followed. [46 FR 7369, Jan. 23, 1981, as amended at 53 FR 4409, Feb. 16, 1988]

Subpart M--Reporting Violations

§ 73.735-1301 Responsibility for reporting possible criminal violations. An employee who has information which he or she reasonably believes indicates a possible offense against the United States by an employee of the Department, or any other individual working on behalf of the Department, shall immediately report such information to his or her supervisor, any management official, or directly to the Office of the Inspector General. Offenses covered by the preceding sentence include, but are not limited to, bribery, fraud, perjury, conflict of interest, misuse of funds, equipment, or facilities, and other conduct by a government officer or employee, grantee, contractor or other person which is prohibited by title 18 of the United States Code. Employees and supervisors should refer to chapter 5-10 of the Department's General Administration Manual for procedures regarding the reporting and handling of such information.

APPENDIX A TO PART 73--LIST OF SOME OFFENSES FOR WHICH

DISCIPLINARY ACTION MAY BE TAKEN

Following is a list of some offenses for which disciplinary action may be taken under this Part. When a statute applies specifically to a particular offense, either wholly or in part, the statute is cited. Neither the list of offenses nor the statutory citations are all-inclusive. The ''Code of Ethics for Government Service'' is not cited because of its general applicability but is published in its entirety in Appendix B.

Page 2 of 4HHS Residual Standards of Conduct

A. Concerning Efficiency of Operations in General.

1. Engaging in wasteful actions or behavior in the performance of assigned duties; conducting non-Government business during official work hours; or participating in a strike (18 U.S.C. 1918), work stoppage, slowdown, sickout, or other similar action.

2. Absence without leave, failure to adhere to the rules and regulations for requesting and obtaining leave, or improper use of sick leave.

3. Deliberate insubordination or refusal to carry out lawful orders or assignments given.

4. Disruptive behavior, such as:

a. Inflicting or threatening or attempting to inflict bodily injury on another (except for necessary defense of self or others) while on the job or on Federal premises.

b. Discourtesy, disreputable conduct, or use of insulting, abusive or obscene language to or about other individuals while on the job.

5. Sexual harassment of employees or members of the public.

6. Failure to observe precautions for safety, such as failure to use safety equipment when it is provided or ignoring signs, posted rules or regulations, or written or verbal safety instructions.

7. Unauthorized use, possession, or distribution of alcoholic beverages (5 U.S.C. 7352) or controlled substances (e.g., hallucinogens, such as LSD; stimulants, such as cocaine and amphetamines; sedatives, such as barbiturates; narcotics and other drugs or substances, such as hashish and other cannabis substances).

8. Unauthorized gambling; or canvassing, soliciting, or peddling on Government premises.

9. Failure to carry or show proper identification or credentials as required by competent authority; misuse of identification cards or investigative or identification credentials or badges.

10. Failure to disclose (i.e., report) information, when such disclosure is not specifically prohibited by law or Executive Order, that involves

(a) violation of law, rule, or regulation, (b) mismanagement or gross waste of funds or abuse of authority, or (c) posing a substantial and specific danger to public health or safety; failure to cooperate in an official Department inquiry.

11. Failure to pay just debts, including taxes to and loans from governmental sources.

12. Deceit or interference in a Civil Service examination (18 U.S.C. 1917) or in connection with a Government personnel action.

13. Fraud or false statements in a Government matter. (18 U.S.C. 1001 through 1003.)

14. Supervisory failure to initiate disciplinary or corrective action when the facts are known and disciplinary or corrective action is warranted.

15. Employment of a member of an organization that advocates the overthrow of our constitutional form of government. (5 U.S.C. 7311;

50 U.S.C. 784.)

B. Concerning Government Funds, Property, Documents, and Records.

1. Actual or attempted embezzlement or theft of Government or personal money or property either directly or through use of Government documents, automated equipment, or other means; actual or attempted embezzlement or theft of the money or property of another person in the possession of an employee by reason of his or her employment. (18 U.S.C. 641 and 654.)

2. Failure to account for public money. (18 U.S.C. 643.)

3. Deliberate falsifying of official time and attendance records; improper use of official travel or forging, counterfeiting, or otherwise falsifying official Government travel records or documents. (18 U.S.C. 508.)

4. False record entries or false reports of money or securities. (18 U.S.C. 2073.)

5. Loss or misuse of or damage to Government property or endangering persons or Government property through carelessness or by willful malicious conduct.

6. Mutilating, destroying, or concealing public records. (18 U.S.C. 2071.)

7. Misuse of penalty (postal) privilege. (18 U.S.C. 1719.)

8. Failure to safeguard administratively confidential, financial, and trade secrets information.

9. Unauthorized use of documents presented or used to procure the payment of money from or by the Government. (18 U.S.C. 285.)

10. Unauthorized use of a Government vehicle; serious or repeated violations of traffic regulations while driving a Government vehicle or a vehicle rented or leased for official Government purposes; reckless driving or improper operation of any Government owned, rented, or leased motor vehicle. (31 U.S.C. 1349[b].)

11. Violations of the Privacy Act, including:

a. Willful prohibited disclosure of individually identifiable information in violation of 5 U.S.C. 552a.

b. Willfully maintaining a system of records without meeting the notice requirements of the Privacy Act as required by 5 U.S.C.

552a.

12. Violation of regulations concerning the release of classified information, confidential, or security and investigative information. (18

U.S.C. 798 and 1905; 21 U.S.C. 331j; and 50 U.S.C. 783.)

C. Concerning Conflicts of Interest and Related Unethical Conduct:

1. Violations of 18 U.S.C. Chapter 11: Bribery, Graft, and Conflicts of Interest, including:

a. Having a direct or indirect financial interest (includes employee ownership of stocks, bonds, or partnership interests in an entity or employment of the employee, his or her spouse, or dependent child) that conflicts with one's Government duties because such entity is either regulated by, has or seeks to do business with the agency, or has any other particular matter with or pending before the agency that may give rise to either an actual conflict or the appearance thereof. (18 U.S.C. 208.)

b. Bribery of a public official; soliciting or accepting directly or indirectly anything of monetary value, including gifts, gratuities, favors, entertainment, or loans either as compensation for governmental services or from individuals who are seeking contractual or other business or financial relations with the Department, are conducting operations or activities that are regulated by the Department, or have interests that may be substantially affected by the performance or nonperformance of the…