75H70721Q00029.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225 Albuquerque Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

X

561612

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR203

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/16/2021 1700 MT

06/17/2021

505-256-6756CEDRIC WOOD

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70721Q00029

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 67 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

The solicitation number is 75H70721Q00029 and is issued as a Request for Quotes (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through FAR Federal Acquisition Circular 2021-05. The associated North American Industrial Classification System

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

CEDRIC A. WOOD

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(NAICS) code for this procurement is 561612 with a small business size standard of $20.50. This requirement is a 100% Set-Aside for Indian Small

Business Economic Enterprise (ISBEE) concerns with a cascading set-aside for Other Small

Business Concerns and only quotes from qualified offerors will be considered. See Clause titled, ?Cascading Set-Aside? for more information. Only one award will result from this solicitation. FOB

Destination shall be Dulce, New Mexico, 87528.

The Indian Health Service requires the following

Services with a period of performance of one base year plus four option periods thereafter.

Base Year: Date TBD/2021 ? Date TBD/2022

Option Year One: Date TBD/2022 ? Date TBD/2023

Option Year Two: Date TBD/2023 ? Date TBD/2024

Option Year Three: Date TBD/2024 ? Date TBD/2025

Option Year Four: Date TBD/2025 ? Date TBD/2026

Prospective Offerors are invited to submit proposals in reference to Request for Quote No.

75H70721Q00029. The solicitation document comprises of all information including the estimated requirements, scope of work, and applicable attachments.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

67 2 of

RFQ Security Guard Services Jicarilla Services Unit 75H70721Q00029

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

The solicitation number is 75H70721Q00029 and is issued as a Request for Quotes (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through FAR Federal Acquisition Circular 2021-05. The associated North American Industrial Classification System (NAICS) code for this procurement is 561612 with a small business size standard of $20.50. This requirement is a 100% Set-Aside for Indian Small Business Economic Enterprise (ISBEE) concerns with a cascading set-aside for Other Small Business Concerns and only quotes from qualified offerors will be considered. See Clause titled, “Cascading Set-Aside” for more information. Only one award will result from this solicitation.

FOB Destination shall be Dulce, New Mexico, 87528.

The Indian Health Service requires the following Services with a period of performance of one base year plus four option periods thereafter.

Base Year: Date TBD/2021 – Date TBD/2022 Option Year One: Date TBD/2022 – Date TBD/2023 Option Year Two: Date TBD/2023 – Date TBD/2024 Option Year Three: Date TBD/2024 – Date TBD/2025 Option Year Four: Date TBD/2025 – Date TBD/2026

Prospective Offerors are invited to submit proposals in reference to Request for Quote No.

75H70721Q00029. The solicitation document comprises of all information including the estimated requirements, scope of work, and applicable attachments.

CONTRACT PRICE

This solicitation will result in an FFP Services. The price for this contract is $ (TBD). For the Base Period

Upon delivery and acceptance, the services described in the Statement of Work and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

Item

Contract Period

Description of Services - Base (TBD,2021 to TBD.2022) Total Amount

8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. Estimated Hours $ /Hour = $

CLIN

Base Year

75H70721Q00029

TOTAL PRICE FOR BASE PERIOD: $

The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract.

OPTION PRICES

Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

Pursuant to either the FAR Clause 52.217-8, Option to Extend Services or the FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in Section I, Contract Clauses, of this contract, the Government may, execute a unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the SOW of this contract. A notice that the Government intends to exercise any of the options will occur prior to the contract’s expiration date. Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order. When exercising an option period, the fixed price rate of this contract is set forth below.

SCHEDULE OF CHARGES FOR THE OPTION PERIODS

Item

Contract Period

Security Guard Services (TBD,2022 to TBD.2023) Total Amount

CLIN

Option Year One 8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. Estimated Hours $ /Hour =

TOTAL PRICE FOR OPTION PERIOD ONE: $

Item

Contract Period

Description of Services (TBD,2023 to TBD.2024) Total Amount

75H70721Q00029

CLIN

Option Year Two 8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. Estimated Hours $ /Hour =

TOTAL PRICE FOR OPTION PERIOD TWO: $

Item

Contract Period

Description of Services (TBD,2024 to TBD.2025) Total Amount

CLIN

Option Year Three 8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. Estimated Hours $ /Hour =

TOTAL PRICE FOR OPTION PERIOD THREE: $

Item

Contract Period

Description of Services (TBD,2025 to TBD.2026) Total Amount

CLIN

Option Year Four 8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. Estimated Hours $ /Hour =

TOTAL PRICE FOR OPTION PERIOD FOUR: $

Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

Scope of Work

Duties and Responsibilities

75H70721Q00029

The Contractor shall perform duties Monday through Friday, 8:00am to 5:00pm with a one-hour unpaid lunch and 2 fifteen minute paid breaks. All holidays and overtime will be excluded.

The Contractor shall provide the following services:

Provide protection of property, patients and employees by making scheduled foot patrol rounds of clinical buildings and facility grounds. Contractor Guard shall immediately report, to the COR and Safety Officer of any property damage, tampering, or graffiti of clinical buildings and/or grounds. A complete detailed written narrative or incident report will be completed and turned in to the COR for corrective action on the day of the incident.

Training shall be provided to the contractor on documentation requirements. Contractor Guards shall maintain a daily log book documenting information regarding the contractor's completed scheduled foot patrol rounds that will identify their destination throughout the building, time table, contacts made, and report any unforeseen events. Contractor will be provided the daily log book.

Foot patrol rounds will include visually inspecting parked vehicles, entrances, lobby areas, corridors, restrooms, etc. Door entrances will be monitored closely and locked after clinical hours to ensure the automatic door activations are enforced. At the end of each business day, Contractor will check the GSA vehicles to ensure they are parked in the designated areas and that all doors are locked.

The Contractor shall provide order and security of clinic premises by observing flow of incoming patients, visitors, employees and contractors. Contractor Guards shall request the assistance of local law enforcement when deemed necessary for the safety of patients, staff, and visitors.

The Contractor shall maintain close surveillance of buildings and grounds for possible safety hazards and provide documentation to the COR and Safety Officer. Contractor will monitor security cameras and shall provide assistance to supervisors, law enforcement and administrative personnel should they need to view the recordings.

Contractor shall provide assistance to Jicarilla Nation Public Safety personnel (including State, Federal, and Tribal Police, Fire, and EMS) when they are on-site during times of emergencies and during JSU emergency drills (i.e. code red/fire drills).

Security Guard shall be visible and available at all times during clinical hours to assist visitors and patients by providing directions related to locations within or adjacent to the facility.

The Security Guard shall be responsible for issuing visitor badges to contractors, visitors and monitor their whereabouts throughout the building, and ensure badges are returned after use.

The Contractor shall respond to various emergency code warnings and alarms as identified in the Jicarilla Service Unit Emergency Response Codes and Procedures guidelines. These include Code Blue, Code Red, Code Brown, Code Amber, Code Green and Code Black.

75H70721Q00029

The Contractor shall assist medical personnel as directed in handling emergency cases such as transporting patients, assisting in restraining mentally disturbed/intoxicated patients.

Contractor shall provide traffic control during helicopter landing for emergency transport of patients and keep a log of incoming helicopter landings. Appropriate staff will be notified to maintain traffic control within the clinic during landings.

The Contractor shall follow the JSU policy and procedures on the processing of deceased patients from the Urgent Care to the Morgue to the release of the body. Log books kept within the Security Office and documentation will be noted within the log books with the required information at the time of release.

The Contractor shall also adhere to all safety and infection control policies.

CONTRACTOR RESPONSIBILITIES

1. The Contractor must be currently qualified and licensed by the State of NM as a private patrol operator and registered as such.

2. The Security Guard must pass required background investigation

3. Contractor shall provide and maintain qualified and competent security guards to provide all the necessary guard functions consistent with the industry standards and in accordance with the Scope of Work herein.

4. Shall establish and maintain a complete schedule of personnel assigned to the specific work hour shifts. Schedules to be provided to the COR.

5. All problems or incidents regarding security services shall be relayed to the COR.

6. Notify the COR of newly assigned guards and/or any guard personnel changes.

7. During times of emergencies or when the need arise shall be required to provide qualified back-up guard personnel within two hours of notice.

6. Shall furnish all necessary uniforms and supplies required in the delivery of services.

DELIVERABLES AND REPORTING REQUIREMENTS

1. Delivery and accountability of work shall be documented by the COR.

REPORTS

A. A daily record of events: Security Guard shall maintain and record all daily activities, unusual and major events on the report.

75H70721Q00029

B. Security Incident Report: Each Security Guard shall report all unusual and major events on this record by the conclusion of the tour of duty. Reports shall be factual and complete before the end of the shift. Security shall document key elements, situations or security-related events on government generated report forms as requested. These reports vary and are subject to change annually. Examples include unsecured GSA vehicles, unsecured doors, employees without proper identification, etc.

C. The Contractor on site shall maintain all documentation. All documentation is subject for review at any time by the COR and/or other government officials. D. Contractor must provide invoices on a bi-monthly basis.

CONTRACTOR FURNISHED MATERIALS/SUPPLIES

The Contractor shall furnish his/her complete uniforms with badges meeting the specifications of State law at no further cost to the Government.

Uniforms shall consist of trousers, leather gloves, shirt, cap, jacket and required badges. Uniform replacement shall be at the Contractor's expense.

Security Guards shall not be authorized to carry or use the following enforcement equipment:

blackjack, club, brass knuckles or firearms.

HEALTH REQUIREMENTS

The contract staff is responsible to furnish documentation that reflects immunity for the indicated vaccine preventable diseases through documented disease, vaccination history, serology results, and/or any documented episodes of adverse events after vaccination. Any contractor who is allergic to a component of a vaccine and/or have a history of a severe reaction to a vaccine will not be required to receive that vaccine with documented proof of contraindication to the vaccination. The following are additional requirements for specific vaccine preventable diseases.

Measles:

Vaccinations with 2 doses of live measles or MMR vaccines administered at least 28 days a part, Laboratory evidence of immunity, Laboratory confirmation of disease, or Birth before 1957.

Mumps:

Vaccinations with 2 doses of live mumps or MMR vaccines administered at least 28 days apart, Laboratory evidence of immunity, Laboratory confirmation of disease, or Birth before 1957.

Rubella:

Vaccinations with 1 dose of live rubella or MMR vaccines administered at least 28 days apart, Laboratory evidence of immunity, Laboratory confirmation of disease, Birth before 1957 Hepatitis B: Vaccinations with three doses of Hepatitis B vaccines, or signed declination of Hepatitis B vaccination series.

Varicella:

75H70721Q00029

Vaccinations with two doses of varicella at least 4 weeks apart, laboratory evidence of immunity or confirmation of disease, diagnosis or verification of history of varicella disease by a health care provider, or diagnosis or verification of a history of herpes zoster by a health care provider.

Influenza:

Vaccination with one dose of current annual influenza season vaccine.

Documented proof of the contraindication to the influenza vaccination as outlined by Advisory Committee on Immunization Practices recommendations.

Pertussis:

Vaccination with one dose of Tdap vaccine.

Any additional immunization in accordance with IHS Immunization Policy that is available upon request.

The contract staff must have written documentation of TB test (TST or IGRA) within the last 12 months. If documented Positive TB test: Provide chest x-ray report of "No active TB disease" following positive TB test.

This requirement is set-aside for Buy Indian under the Buy-Indian Act, 25 USC 47. Proposal will be sought from businesses which are at least 51% Indian owned, operated and controlled sources only. The Government anticipates in awarding a single, fixed-priced requirements type contract for a base year with four option year renewals, contingent upon existing requirements of the Government, availability of funds, and satisfactory performance during the base year. The total estimated term of the contract not-to-exceed five years.

Offerors submitted by Electronic Mail (email), US Postal Service, hand delivered hardcopies will be accepted. Make all responses and correspondence to the Attention of Cedric A. Wood, Contract Specialist at: Albuquerque Area Indian Health Service, Division of Contract and Grants Management, 4101 Indian School Road NE, Albuquerque, New Mexico 87110. Phone:

(505) 2256-6756, Cedric.wood@ihs.gov.

The RFQ due date will be set for the close of business 5:00 pm MST on July 16, 2021. Late proposals will not be accepted unless they were mailed via USPS and post marked prior to the time and date of the due date.

If you require additional information regarding this solicitation, please e-mail Cedric Wood, Contract Specialist at cedic.wood@ihs.gov.

This is a 100% Buy Indian Set Aside Procurement Action with a cascading set-aside for Other Small Business Concerns. The Albuquerque Area Indian Health Services is soliciting to enter into a Firm Fixed Price Services Type Contract for Security Guard Services for the Jicarilla mailto:Cedric.wood@ihs.gov mailto:cedic.wood@ihs.gov

75H70721Q00029

Service Unit located at 500 North Mundo Road, Dulce NM. 87528. The Award will be based on a Base Year Plus Four Option Year periods.

ISBEE CASCADING SET-ASIDE:

Under the Buy Indian Act, 25 U.S.C. 47, though the transfer of authority from the Department of Interior to HHS, offers will be solicited from Indian Small Business Economic Enterprises (see HHSAR Subpart 326.6) that are also small business concerns. If we do not receive enough competition and/or reasonably priced offers from the ISBEE set-aside, we will then evaluate quotes and consider for award to other small business concerns. Any acquisition resulting from this cascading set-aside will be from such a concern as follows: First Tier: Indian Small Business Economic Enterprise, Second Tier: Service Disabled Veteran-Owned Business and Third Tier:

Hub Zone and Fourth Tier: all other Small Business Concerns. Offers received from enterprises that are not one of these small business concerns will not be considered.

Notice of Indian Small Business Economic Enterprise Set-Aside Clause (see HHSAR Subpart 326.6), (a) Definitions as used in this clause. Indian means a person who is a member of an Indian Tribe or "Native" as defined in the Alaska Native Claims Settlement Act (PL 92-203; 85 Stat. 688; 43 U.S.C. 1601). Indian Economic Enterprise (Firm) means a sole enterprise, partnership, corporation, or other type of business organization owned, controlled, and operated by: (1) One or more Indians (including, for the purpose of sections 301 and 302 of Public Law 94–437, former or currently federally recognized Indian tribes in the State of New York); or (2) By an Indian firm (as defined in paragraph (1) of this definition); or (3) A nonprofit firm organized for the benefit of Indians and controlled by Indians (see 326.601(a)). Indian small business economic enterprise (ISBEE) means an IEE that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121.

To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods: (1) At the time an offer is made in response to a written solicitation; (2) At the time of contract award; and, (3) During the full term of the contract. Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village, regional or village corporation established under the Alaska Native Claims Settlement Act (PL 92-203, 85 Stat. 688; 43 U.S.C. 1601). Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in HHSAR Subpart 326.6. (b) General. (1) Under the Buy Indian Act, offers for this acquisition will be solicited only from Indian small business economic enterprises. (2) IHS will reject all offers received from ineligible enterprises (see cascading set-aside). (3) Any award resulting from this solicitation will be made to an Indian small business economic enterprise, as defined in paragraph (a) of this clause (unless there is not enough competition

75H70721Q00029 and/or reasonably priced offers—see cascading set-aside).

Requirements.

(a) Indian ownership. Indian ownership shall constitute at least 51 percent of an Indian firm during the period covered by a Buy Indian contract.

(b) Joint ventures. An Indian firm may enter into a joint venture with other entities for specific projects as long as the Indian firm is the managing partner. However, the contracting officer shall approve the joint venture prior to the award of a contract under the Buy Indian Act.

(c) Bonds. In the case of contracts for the construction, alteration, or repair of public buildings or public works, the Miller Act (40 U.S.C. 3131 et seq.) and Federal Acquisition Regulation (FAR) part 28 require performance and payment bonds. Bonds are not required in the case of contracts with Indian tribes or public nonprofit organizations serving as governmental instrumentalities of an Indian tribe. However, bonds are required when dealing with private business entities owned by an Indian tribe or members of an Indian tribe. The contracting officer may require bonds of private business entities that are joint ventures with, or subcontractors of, an Indian tribe or a public nonprofit organization serving as a governmental instrumentality of an Indian tribe. A bid guarantee or bid bond is required only when a performance or payment bond is required.

(d) Indian preference in employment, training and subcontracting. Contracts awarded under the Buy Indian Act are subject to the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450e, which requires giving preference to Indians in employment, training, and subcontracting.

(e) Subcontracting. A contractor shall not subcontract more than 50 percent of the work under a prime contract awarded pursuant to the Buy Indian Act to non-Indian firms. For this purpose, contract work does not include the provision of materials, supplies, or equipment.

(f) Wage rates. The contracting officer shall include a determination of the minimum wage rates by the Secretary of Labor as required by the Davis-Bacon Act (40 U.S.C. 276a) in all contracts awarded under the Buy Indian Act for over $2,000 for construction, alteration, or repair, including painting and decorating, of public buildings and public works, except contracts with Indian tribes or public nonprofit organizations serving as governmental instrumentalities of an Indian tribe.

Wage determination No: 2015-5451 Revision No.: 12 (See Attached)

Indian Economic Enterprise Representation. The offeror represents as part of its offer that it does does not meet the definition of Indian economic enterprise as defined in HHSAR Subpart 326.602.

Criminal History Background Check:

75H70721Q00029

Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor‘s employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required, and upon clearance of this stage, a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detailed background application and the application is to be completed within 30 days once the contractor’s employee has been given physical and logical access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with Task Order terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the COR. See HHSAR Clauses 352.237-72 and 352.237-73

Required Training: Protecting Children from Sexual Abuse as stated in IHM Circular 19-05:

Contracting Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Child from Sexual Abuse by Health Care Providers. Each provider must take this training within 30 days from their start date at the service unit. Certificate should be provided to the COR.

Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5-27.3(B)(9) of the Indian Health Manual.

INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No. Title Date

75H70721Q00029

52.246-4 Inspection of Services – Fixed Priced

(Aug 1996)

PLACE OF PERFORMANCE: The contractor must provide a Security Guard Services to the following Albuquerque Area Indian Health Service Facility:

Jicarilla Service Unit

500 North Mundo Drive

Dulce New Mexico, 87528

POC – Tammie Valdez 575-759-7302

Travel to and from the facility/office site are not included in the tour of duty. The hours of business and Clinic operation are Monday through Friday, from 8:00 AM to 5:00 PM, for outpatient clinics. The actual hours scheduled in advance through the designated COR.

GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)

New Year's Day

Martin Luther King's Birthday

President's Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

CONTRACT ADMINISTRATION:

AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor.

75H70721Q00029

The following individuals will be the Government's points of contact during the performance of this Contract.

CONTRACTING OFFICER/ CONTRACT ADMINISTRATOR

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Cedric A. Wood, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6756 Email: cedric.wood@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Tammie Valdez, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and condition. The COR responsibilities will be to help coordinate with the contractor the technical aspects of this service and the review of performance hereunder.

The COR’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS 9 (if applicable).

Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

INVOICE SUBMISSION

The Contractor shall submit invoices once per month. Electronically sent via e-mail complete invoice with all required documentation to: Contracting Officer's Representative (COR):

Tammie Valdez

Albuquerque IHS Finance Office, ALB AOAPinvoices@ihs.gov

* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.

mailto:cedric.wood@ihs.gov

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For invoices submitted by email, the subject line of your email invoice submission shall contain the Contractor's name, DUNS and TIN numbers, contract number, and invoice. The Contractor shall send one email per contract monthly. The email may have multiple invoices for the contract. Invoices accepted in one of these formats: PDF, TIFF, or Word only (no Excel formats). The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

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

Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, is 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.

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(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.

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

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

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

Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

CONTRACTOR PERFORMANCE EVALUATION REPORT

During the life of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

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Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

SECURITY

a. To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

b. To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

i. HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/

ii. HHS Office of Security and Drug Testing, personnel Security/Suitability

Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

iii. Reserved

iv. HHS HSPD-12 Implementation Policy (draft)

c. The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

d. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

e. Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify.

Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).

f. Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to http://www.hhs.gov/ocio/securityprivacy/ http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html

75H70721Q00029 sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.

g. Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

h. Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

REFERENCES:

The work performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMS, HHS, NIST, and US Cert. Statutes and Acts generally applicable to IHS security include, but are not limited to the following:

• Health Information Technology for Economic and Clinical Health Act

• Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title Ill).

• OMB Circular A-130 and Appendix Ill, Security of Federal Automated Information Resources

• OMB Circular A-11, Preparing, Submitting, and Executing the Budget

• Presidential Decision Directive 63 (POD 63)

• NIST Special Publications - 800 Series

IDENTIFICATION AND DISPOSITION OF DATA, REPORTS, AND OTHER

DELIVERABLES

A. The Contractor not permitted to make use of any data derived from these services for any purpose not directly related to and/or authorized by the Albuquerque Area Indian Health Service. All patient data/information are subject to the Privacy Act and the Confidentiality of Information Clause (HHSAR 352.224-70)

B. Upon completion/termination of the contract, all information, statistical or analytical material or reports and other data generated by the Contractor shall become the property of the Albuquerque Area Indian Health Service.

C. The Contractor is prohibited from gathering data, statistics, or use of material for publication and/or research for its own benefits. Obtain prior approval before dissemination of information from the Government Contracting Officer for the release or dissemination of information related to this contract.

ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND

COMPUTER SOFTWARE

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1. Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract. All data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.

2. Copies of the final Reports and Deliverables under each task must officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.

3. Works other than Software Development or Enhancements

4. No software will be developed, modified, or enhanced under this acquisition.

CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, 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 full text of a clause accessed electronically at this website address: FAR -https://www.acguisition.gov/far/index.html.

FAR Clause Title Date 52.203-3 Gratuities Apr 1984 52.203-5 Covenant against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Sep 2006 52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper May 2011

52.204-9 Personal identity Verification of Contractor Personnel Jan 2011 52.222-17 Non-displacement of Qualified Workers May 2014 52.223-6 Drug-Free Workplace May 2001 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-11 Extras Apr 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

52 .233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-3 Continuity of Services Jan 1991 52.239-1 Privacy or Security Safeguards Aug 1996 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 https://www.acguisition.gov/far/index.html

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52.245-1 Government Property Jan 2017 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991 52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018 52.209-5 Certification Regarding Responsibility Matters Oct 2015 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items Aug 2019

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF CONTRACT (MAR 2000)

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

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

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

This Contract incorporates some HHSAR provisions/clauses by reference, with the same force and affect 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 addresses: HHSAR - http://www.hhs.gov/policies/hhsar/subpart352.html

The applicable provisions/clauses are as follows:

HHSAR Clause No. Title Date

352.211-3 Paperwork Reduction Act DEC 2015

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations DEC 2015

352.227-70 Publications and Publicity DEC 2015

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352.233-71 Litigation and Claims DEC 2015

HHSAR 352.203-70 ANTI LOBBYING (DEC 2015)

Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

a. Publicity or propaganda purposes;

b. The preparation, distribution , or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself ; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

c. Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations , regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

d. The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

HHSAR 352.224-70 PRIVACY ACT (DEC 2015}

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of…