Attachment D - Solicitation Provisions and Contract Clauses.pdf

Attachment D - Solicitation Provisions, Evaluation Factors, and Contract Clauses

Eaton UPS Maintenance and Support Services

The following provisions and clauses are incorporated into this Request for Quotations (RFQ) and any resulting Firm-Fixed-Price Purchase Order, as applicable. Clauses incorporated by reference have the same force and effect as if set forth in full text. The Contracting Officer will incorporate the current versions of all applicable FAR, HHSAR, and HHS Class Deviation clauses in effect on the date of solicitation issuance.

This attachment shall be used in conjunction with the RFQ, Performance Work Statement (PWS), Schedule of Supplies/Services (CLINs), and any resulting Purchase Order.

SYSTEM FOR AWARD MANAGEMENT (SAM) NOTICE

Pursuant to HHS FAR Class Deviation 2025-09:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation.

Contracting Officers will rely on representations from offerors based on provisions included in this solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

A. Solicitation Provisions

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Current FAR/RFO Version)

This provision is incorporated by reference.

In addition to the requirements of FAR 52.212-1, quoters shall submit the following:

Technical Quotation

The technical quotation shall demonstrate the quoter's ability to perform the requirements of the Performance Work Statement (PWS). At a minimum, the technical quotation shall include:

• Company name, UEI, CAGE Code, and point of contact.

• Confirmation of eligibility as an Indian Small Business Economic Enterprise (ISBEE).

• Documentation demonstrating Eaton manufacturer certification or authorization to service the

Eaton 93PM UPS system.

• A brief description of the firm's experience performing preventive maintenance and repair services for Eaton UPS systems or similar mission-critical UPS equipment.

• A statement confirming the ability to provide a qualified technician on-site within four (4) hours of notification.

• A statement acknowledging compliance with all requirements of the Performance Work

Statement.

Generic capability statements, marketing brochures, or boilerplate information that do not specifically address this requirement may be considered insufficient to determine technical acceptability.

Past Performance

Quoters shall provide a minimum of two (2) and no more than three (3) recent contracts performed within the past five (5) years that are similar in scope and complexity.

Include:

• Customer Name

• Contract Number (if applicable)

• Period of Performance

• Brief Description of Services

• Customer Point of Contact

Price Quotation

Quoters shall complete the Schedule of Supplies/Services (CLIN Schedule) and provide firm-fixed prices for the base period and each option period.

Pricing shall include all labor, supervision, travel, tools, materials, replacement parts, equipment, overhead, profit, and all other costs necessary to perform the required services.

Indian Economic Enterprise Representation

Quoters shall submit a completed Indian Economic Enterprise Representation Form in accordance with

HHSAR 352.226-7.

Quotation Submission

Quotations shall be submitted electronically to the Contract Specialist identified in the solicitation no later than the date and time specified in Block 8 of the SF-1449.

Late quotations may not be considered.

FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (Current FAR/RFO Version)

(a) Basis for Award

The Government intends to award a single Firm-Fixed-Price Purchase Order to the responsible Indian Small Business Economic Enterprise (ISBEE) whose quotation is determined to be technically acceptable and offers the lowest evaluated price.

Award may be made without discussions.

Evaluation Factors

The Government will evaluate quotations using the following factors:

Factor 1 – Technical Acceptability (Pass/Fail)

The Government will evaluate quotations to determine whether the quoter demonstrates the capability to successfully perform the requirements of the Performance Work Statement.

To be rated Acceptable, the quotation shall demonstrate:

• Eligibility as an ISBEE.

• Ability to provide Eaton-certified technicians.

• Ability to meet the required four (4) hour emergency response requirement.

• Relevant experience performing similar UPS maintenance services.

• Submission of all required solicitation documents.

Quotations will be assigned one of the following ratings:

• Acceptable

• Unacceptable

A quotation rated Unacceptable is ineligible for award.

Factor 2 – Price

The Government will evaluate price for fairness and reasonableness.

Award will be made to the responsible quoter submitting the lowest evaluated price among those quotations determined to be technically acceptable.

Evaluation of Options

In accordance with FAR 52.217-5, Evaluation of Options, the Government will evaluate the total price for the base period and all option periods in determining the lowest evaluated price for award purposes.

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

Clause Title Date / Version

52.252-2 Clauses Incorporated by Reference FEB 1998

52.252-6 Authorized Deviations in Clauses NOV 2020

52.204-13 System for Award Management Maintenance OCT 2018

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

MAR 2026 / current RFO deviation as applicable

52.217-5 Evaluation of Options Current RFO deviation as applicable

52.217-8 Option to Extend Services NOV 1999

52.217-9 Option to Extend the Term of the Contract MAR 2000

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

APR 1984

B. Core FAR Provisions and Clauses

52.232-33 Payment by Electronic Funds Transfer -

System for Award Management

OCT 2018

C. Commercial Contract Clauses

52.203-3 Gratuities APR 1984

52.203-13 Contractor Code of Business Ethics and Conduct

NOV 2021

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and

First-Tier Subcontract Awards

JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment

NOV 2021 /

current

52.209-10 Prohibition on Contracting with Inverted

Domestic Corporations

NOV 2015

52.219-14 Limitations on Subcontracting OCT 2022

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor - Cooperation with Authorities and Remedies

JAN 2022 /

current

52.222-35 Equal Opportunity for Veterans JUN 2020 / current

RFO treatment

52.222-36 Equal Opportunity for Workers with

Disabilities

JUN 2020 /

current

RFO treatment

52.222-37 Employment Reports on Veterans JUN 2020 / current

RFO treatment

52.222-50 Combating Trafficking in Persons NOV 2021 / current

52.222-54 Employment Eligibility Verification JAN 2025 / current

52.222-90 Addressing DEI Discrimination by Federal Contractors

APR 2026 /

DEVIATION

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.232-40 Providing Accelerated Payments to Small

Business Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996

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

52.239-1 Privacy or Security Safeguards AUG 1996

D. HHSAR Clauses for Resulting Awards

352.226-1 Indian Preference DEC 2015

352.226-2 Indian Preference Program DEC 2015

352.226-6 Indian Economic Enterprise Subcontracting Limitations

Current HHSAR text

352.232-71 Electronic Submission of Payment Requests DEC 2015

352.223-70 Safety and Health DEC 2015

E. Full Text and Incorporation by Reference

The Contracting Officer may incorporate clauses by reference using FAR 52.252-2. Clauses incorporated by reference have the same force and effect as if set forth in full text.

The Contracting Officer shall ensure all RFO Class Deviations, authorized FAR deviations, HHSAR clauses, and agency-specific clauses applicable on the date of solicitation issuance are incorporated into the resulting Purchase Order.

The final award document should include full text, completed fill-ins, or attached deviation text for clauses that require special completion, including but not limited to:

• FAR 52.212-5, including selected applicable clauses;

• FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, DEVIATION; and

• any HHS/IHS local, special, or deviation clauses that are not available through standard incorporation by reference.

Full-text provisions and clauses

FAR 52.222-42 — Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to 5 U.S.C. 5341 or 5332. This statement is for information only: it is not a wage determination.

(End of provision/clause)

HHSAR 352.226-4 — Notice of Indian Small Business Economic Enterprise Set-Aside (JAN 2022)

HHSAR 352.226-4 (provision) — HHSAR 326.604-2(e)

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form (available at www.IHS.gov/DAP) with the offer. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

(End of provision/clause)

HHSAR 352.226-6 — Indian Economic Enterprise Subcontracting Limitations (JAN 2022)

HHSAR 352.226-6 (clause) — HHSAR 326.604-2(e)(3) / 326.605-1(b)

(a) Definitions apply as in HHSAR 326.601.

(b) The contractor must comply with FAR 52.219-14, Limitations on Subcontracting, in allocating subcontracted work, and shall not subcontract work exceeding the 52.219-14 limitations to any concern other than a responsible Indian Economic Enterprise.

(c) Work an IEE subcontractor does not perform with its own employees is treated as subcontracted work under 52.219-14.

(d) The contractor must cooperate in any compliance study or survey by the CO or IHS.

(e) The contractor must incorporate the substance of this clause, including this paragraph (e), in all covered subcontracts.

(End of provision/clause)

HHSAR 352.226-7 — Indian Economic Enterprise Representation (JAN 2022)

HHSAR 352.226-7 (provision) — HHSAR 326.604-2(e)(4) / 326.606-1

(a) The offeror must represent as part of its offer that it meets the IEE definition in HHSAR 326.601 and intends to meet it throughout performance, and must notify the CO immediately via email of any ownership change affecting this representation.

(b) The representation must be made on the designated IHS Indian Economic Enterprise Representation form (or successor).

(c) False or misleading information is punishable under 18 U.S.C. 1001; false claims are subject to 31 U.S.C.

3729-3731 and 18 U.S.C. 287.

(End of provision/clause)

HHSAR 352.232-71 Electronic submission of payment requests

Electronic Submission of Payment Requests

(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 provision/clause)

F. RFO FAR Applicability

This solicitation and any resulting purchase order shall utilize the current HHS-approved Revolutionary FAR Overhaul (RFO) class deviations applicable on the date of solicitation issuance. Where a FAR clause or provision has been revised by an HHS Class Deviation, the deviation text shall control.

The Contracting Officer reserves the right to add, delete, or modify applicable provisions and clauses prior to award to ensure compliance with applicable statutes, regulations, HHSAR requirements, and HHS Class Deviations in effect on the date of award.