Award - 75H70622D00005 - Medical Waste.pdf

IHSGREATPLAINS AREA

ABERDEEN SD 57401-4301

115 4TH AVENUE SE

Great Plains Area IHS

IHSGREATPLAINS AREA

388903

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

Aberdeen SD 57401 115 Fourth Ave, SE Federal Building Aberdeen Area Indian Health Servic

IHSROSEBUD CODE 16. ADMINISTERED BYCODE

X

X

562211

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR159

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

605-226-7724WENDA WRIGHT

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

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

1 7 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

SIOUX FALLS SD 571076402

25784 COTTONWOOD AVE

MEDICAL WASTE TRANSPORT INC 2

MEDICAL WASTE TRANSPORT INC 388903

17a. CONTRACTOR/

ROSEBUD SD 57570

800 HOSPITAL DR

IHSROSEBUD

15. DELIVER TO

Aberdeen SD 57401 115 Fourth Ave, SE Federal Building

9. ISSUED BY

7.

75H70622D00005

2. CONTRACT NO.

EFFECTIVE DATE

$41.50

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 SCHEDULEX

12. DISCOUNT TERMS

HHS NET 15P THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Aberdeen Area Indian Health Servic

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.

Firm Fixed-Price, Non-Personal Service Type, Commercial Item, ID/IQ Contract to provide Medical Waste Disposal Services for the Rosebud IHS Hospital, Rosebud, South Dakota. The period of performance will be March 1, 2022 through February 28, 2023 plus Four Option Years.

Base Year: March 1, 2022 - February 28, 2023 Option Year One (1): March 1, 2023 - February 29, 2024 Option Year Two (2): March 1, 2024 - February

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

$0.00

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

CRAIG J. WELLS 01/20/2022

. 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

See schedule

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.

28, 2025

Option Year Three (3): March 1, 2025 - February

28, 2026

Option Year Four (4): March 1, 2026 - February

28, 2027

IPP Reportable Flag: N IPP Exception Reason:

OTHER AREAS

Period of Performance: 03/01/2022 to 02/28/2027

1 Base Year: March 1, 2022 - February 28, 2023

Medical Waste Disposal Services, Rosebud IHS

Hospital, South Dakota

35,000 Lbs X $0.68/lb, totaling $23,800.00

Obligated Amount: $0.00

Delivery: 02/28/2023

2 Option Year One (1): March 1, 2023 - February 0.00

29, 2024

Medical Waste Disposal Services, Rosebud IHS

Hospital, South Dakota

35,000 Lbs X $0.70/lb, totaling $24,500.00

Amount: $24,500.00(Option Line Item)

03/01/2023

Delivery: 02/29/2024

3 Option Year Two (2): March 1, 2024 - February 0.00

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

7 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

MEDICAL WASTE TRANSPORT INC 388903

(A) (B) (C) (D) (E) (F)

75H70622D00005

28, 2025

Medical Waste Disposal Services, Rosebud IHS

Hospital, South Dakota

35,000 Lbs X $0.71/lb, totaling $24,850.00

Amount: $24,850.00(Option Line Item)

03/01/2024

Delivery: 02/28/2025

4 Option Year Three (3): March 1, 2025 - February 0.00

28, 2026

Medical Waste Disposal Services, Rosebud IHS

Hospital, South Dakota

35,000 Lbs X $0.72/lb, totaling $25,200.00

Amount: $25,200.00(Option Line Item)

03/01/2025

Delivery: 02/28/2026

5 Option Year Four (4): March 1, 2026 - February 0.00

28, 2027

Medical Waste Disposal Services, Rosebud IHS

Hospital, South Dakota

35,000 Lbs X $0.73/lb, totaling $25,550.00

Amount: $25,550.00(Option Line Item)

03/01/2026

Delivery: 02/28/2027

This contract does not obligate funds; funds must be obligated prior to starting performance through a delivery/task order. FAR 52.216-18

Ordering, FAR 52.216-19 Ordering Limitations, and

FAR 52.216-22 Indefinite Quantity. Orders may be placed against this contract by issuing task orders and may be submitted electronically by e-mail or mailed by hard copy.

The "Unit Price" is an all-inclusive cost. All

"inclusive cost" is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this ID/IQ Contract.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

MEDICAL WASTE TRANSPORT INC 388903

(A) (B) (C) (D) (E) (F)

75H70622D00005

Attachments:

- Quote/Price Schedule

- Statement of Work/QASP

- HHS Residual Standards of Conduct

- Courtesy and Respect in the Workplace

- Workplace Violence

- Standards of Ethical Conduct

- Mandatory Seasonal Influenza Immunizations

- Wage Determination No.: 2015-5377

Revision No.: 17

Date of Last Revision: 10/20/2021

SECURITY CLEARANCE (if applicable):

A security pre-clearance must be performed for any employees referred to IHS through this contract.

Fingerprints must be completed and adjudicated prior to services being performed under this contract.

No contract award shall be made to any vendor or provider listed on the OIG Exclusion List http://exclusions.oig.hhs.gov throughout the duration of the contract. It shall be the responsibility of the contractor to notify the acquisition official if there is a change in provider.

Performance of this contract will require routine access by employees of the Contractor or its subcontractors to facilities or systems controlled by the Indian Health Service (I.H.S.).

Before starting work requiring routine access to

I.H.S. facilities or systems each person must complete a FBI National Criminal History Check

(Fingerprint Check) adjudicated by an I.H.S.

employee using the Office of Personnel Management

Personnel Investigations Processing System.

Contractors shall allow five business days for

I.H.S. processing of fingerprints taken electronically at an I.H.S. site and thirty business days for non-electronic processing of fingerprints using FBI Form FD-258. A list of

I.H.S. sites with electronic fingerprint

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

MEDICAL WASTE TRANSPORT INC 388903

(A) (B) (C) (D) (E) (F)

75H70622D00005 capability is available from the Contracting

Officer.

In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the HHS Office of

Inspector General List of Excluded

Individuals/Entities (LEIE), http://exclusions.oig.hhs.gov. As soon as practicable prior to the start of work, the performance of the work the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of work for screening against the LEIE. During the performance, the Contractor shall provide the

Contracting Officer the names of any additional or substitute employees for screening before they begin work.

The Contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each Contractor or subcontractor employee referred to I.H.S. is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a

Time and Materials, Labor-Hour or Cost

Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform due to denial or access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed

Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

Government will pay for the cost to process the contractors suitability clearances. However, multiple investigations for the same position may, at the Contracting Officers discretion, lead to reduction(s) in the contract price of no more than the cost of the extra investigation(s).

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

MEDICAL WASTE TRANSPORT INC 388903

(A) (B) (C) (D) (E) (F)

75H70622D00005

Employees that DO NOT have access to LMS, contractors, volunteers, or IHS employees with

IPA's or MOA's to tribal organizations please, click here IHS Sexual Abuse Prevention website.

When the contractors have completed and passed the training, please have them send a copy of the last page of the training with Name, Date, and

Time to their Supervisor, COR, and Kimmen LeBeau, e-mail: Kimmen.LeBeau@ihs.gov

INVOICE SUBMISSION AND PAYMENT:

The contractor shall submit a signed and approved invoice to request payment on at least a monthly basis.

A. The contractor shall submit an original invoice to:

The Great Plains Area Indian Health Service

Attn: Accounts Payable

115 4th Avenue SE, Room 309

Federal Building

Aberdeen, South Dakota 57401

The contractor shall submit a copy of the invoice to:

Rosebud IHS Hospital

Attn: Ed Arcoren, COR

800 Hospital Drive

PO Box 400

Rosebud, South Dakota 57570

Phone: 605-747-0424

Edward.arcoren@ihs.gov

B. The contractor shall include the following information on each invoice in accordance with the prompt payment act (5 CFR Part 1315.9(b)):

1. Contractor's name

2. Invoice number and date

3. Entire award number or other authorization number for delivery of goods or services

4. Description (including dates of service), price and quantity of goods and services rendered

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

MEDICAL WASTE TRANSPORT INC 388903

(A) (B) (C) (D) (E) (F)

75H70622D00005

5. Shipping and payment terms

6. Duns number and taxpayer identifying number

(TIN)

7. Contact name (where practicable), title and telephone number

Payment shall be made by the Great Plains Area

Financial Management Branch, 115 4th Avenue SE, Room 309, Federal Building, Aberdeen, South

Dakota 57401.

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

A CONTINUING RESOLUTION, also known as a "CR" is legislation enacted by congress that continues funding for specific ongoing activities if the fiscal year appropriation has not been enacted by the beginning of the fiscal year.

"Due to the Continuing Resolution, funds are presently available through February 18, 2022

(P.L. 117-70). The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond February

18, 2022. If funds are made available to the

Contracting Officer for performance beyond the above cited date, the Contractor will receive notification in writing by the Contracting

Officer."

Subject to FAR 52.232-18, Availability of Funds

Subject to FAR 52.232-19, Availability of Funds for the Next Fiscal Year

The total amount of award: $123,900.00. The obligation for this award is shown in box 26.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

STATEMENT OF WORK

FOR MEDICAL WASTE DISPOSAL

A. PURPOSE OF CONTRACT:

Purpose of this contract is to provide services to dispose of Hospital Medical Waste.

B. SPECIFICATIONS OF SERVICES:

Regulated Medical Waste will be collected and transported for treatment in red, 32-gallon reusable containers or in single use 18X18X22 corrugated containers. Material must be packaged in accordance with SD Title 74 guidelines. Infectious material for sterilization will be packed in reusable red barrels.

Special wastes for incineration will be packaged in corrugated containers.

Sharps will be packaged separately from other wastes and must be contained in rigid leak and puncture resistant containers, sealed with tape or closed tightly.

Infectious wastes other than sharps must be packaged in moisture proof disposable plastic bags to prevent tearing, bursting or leaking under normal conditions.

Transporter will provide containers, manifesting and scheduled pick-up of medical waste. Reusable containers will be provided on an exchange basis, with transporter cleaning and disinfecting the containers prior to exchange.

Generator will provide proper training and personal protective equipment for safe performance of duties of duties of their staff, as required by the State of South Dakota and OSHA regulations

The following items will not be sterilized but must be packaged separately for incineration: anti-neoplastic drugs or items contaminated with its use (Chemotherapy agents and or products associated with Chemotherapy), and human pathological waste, including organs, body parts or fetal remains.

Any radioactive materials or packaging must have returned to background levels and exhibit no detectable activity.

Contractor agrees to provide collection, transportation and destruction of medical waste for the Rosebud IHS Hospital and the Rosebud Ambulance Service. At the time of contractor pick-up, title, risk or loss and all other incidents of ownership, with respect to those Regulated Medical Wastes shall be transferred from the Rosebud IHS Hospital and the Rosebud Ambulance Service to the contractor. The following agreement is effected by the proper authorizing agents of both parties and is to be governed by the following general concepts of cooperative action:

1. The contractor will collect medical waste from the Rosebud IHS Facility and the Rosebud

Ambulance Service on Thursday of each week, during normal duty hours.

2. Rosebud IHS Hospital and the Rosebud Ambulance Service will ensure proper packaging in accordance with State, Federal, or local ordinances, as the generator.

3. Contractor will ensure proper packaging/containerization for transport and disposal.

4. Exclude hazardous, controlled narcotics and radioactive materials from medical waste.

C. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES AND PROPERTY:

A secure storage building identified for Medical Waste only.

D. CONTRACTOR FURNISHED EQUIPMENT, FACILITIES, AND PROPERTY:

Red 32 Gallon Containers.

E. WORK SCHEDULE/PAYMENT SCHEDULE:

Medical Waste will be picked up once a week during regular working hours.

F. QUALITY ASSURANCE:

N/A

G. REPORTING REQUIREMENTS:

N/A

H. PROFESSIONAL QUALIFICATIONS CRITERIA:

N/A

I. CHARACTER INVESTIGATION FOR CONTRACTORS WHO WILL HAVE CONTACT

WITH INDIAN CHILDREN:

J. REQUIRED MALPRACTICE INSURANCE:

K. COMPLIANCE WITH IHS RULES AND REGULATIONS:

N/A

L. ANY SPECIAL REQUIREMENTS:

N/A

M. CONTRACTING OFFICER REPRESENTATIVE (COR): (NAME, TITLE, PHONE NUMBER)

(ATTACH CERTIFICATE):

Edward Arcoren Maintenance Supervisor 605-747-0424

STANDARDS OF PERFORMANCE

Required

Service

Performance

Indicators

Acceptable

Quality

Level (AQL)

Method of

Surveillance

Payment % for NOT

Meeting AQL

To provide medical waste disposal services to the Rosebud Hospital.

Assurance that Medical Waste is picked up and transported to the appropriate disposal site and disposed of according to the fullest extent of the EPA standards.

Provide pickup and disposal of all medical waste as specified in the Statement of Work.

Work is reveiwed on a pick up and delivery basis of new barrels and assurance of destruction of medical waste according to the report of services.

5% deduction from monthly invoice.

Deductions will increase by 1% in subsequent years.

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service Type, Commercial)

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. 52.204-13 System for Award Management Maintenance October 2018

2. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

3. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

4. 52.212-4 Contract Terms and Conditions November 2021

- Commercial Items

5. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

6. 52.232-40 Providing Accelerated Payments to Small November 2021 Business Subcontractors

7. 52.253-1 Computer Generated Forms 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. 52.212-5 Contract Terms and Conditions Required To November 2021 Implement Statues or Executive Orders – Commercial Items (See attached)

2. 52.216-18 Ordering August 2020

3. 52.216-19 Order Limitations October 1995

4. 52.216-22 Indefinite Quantity October 1995

5. 52.217-8 Option to Extend the Services November 1999

6. 52.217-9 Option to Extend the Term of the Contract March 2000

7. 52.223-99 Ensuring Adequate COVID-19 Safety Protocols October 2021 For Federal Contractors

8. 52.232-18 Availability of Funds April 1984

9. 52.232-19 Availability of Funds for the Next Fiscal Year April 198

10. 52.252-2 Clauses Incorporated by Reference February 1998

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __3/1/2022________ through ___2/28/2027________ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ____0 LB_________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of _____35,000 LB________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ___35,000 LB___________ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within _____30________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

https://www.acquisition.gov/content/part-16-types-contracts#i1104242 https://www.acquisition.gov/content/part-16-types-contracts#i1104242 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __30___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity.

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after __Date of Award through One Year plus 4 Option Years.

(End of clause)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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.

(End of clause) https://www.acquisition.gov/content/part-16-types-contracts#i1104242 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

1. (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 [60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

3. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___5 Years/6 Months________ (months) (years).

(End of clause)

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)]

52.232-18 Availability of Funds.

As prescribed in 32.706-1(a), insert the following clause:

https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103156 https://www.acquisition.gov/far/part-32#FAR_32_706_1

AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

As prescribed in 32.706-1(b), insert the following clause:

Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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 HHS Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.226-1 Indian Preference December 2015

2. HHSAR 352.226-2 Indian Preference Program December 2015

3. HHSAR 352.237-70 Pro-Children Act December 2015

4. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 https://www.acquisition.gov/content/32706-1-clauses-contracting-advance-funds#i1081697 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

Child Abuse

5. HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

352.226-2 Indian Preference Program.

As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause:

Indian Preference Program (December 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment;

training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract. The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614 efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—

(i) A clear description of the supplies or services required, including quantities, specifications, and delivery schedules that facilitate the participation of Indian firms;

(ii) A statement indicating that Indian organizations and Indian-owned economic enterprises will receive preference in accordance with section 7(b) of Pub. L. 93–638; 88 Stat. 2205; 25 U.S.C. 450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal’s price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

(5) Maintain written records under this contract which demonstrate—

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

(iii) The total number of Indians employed under this contract;

(iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant;

(v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract;

(vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance;

and

(vii) The number of Indian organizations and Indian-owned economic enterprises contacted, and the number receiving subcontract awards under this contract.

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor’s Indian preference program and indicating the number and types of available positions filled by Indians and non- Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

(b) For purposes of this clause, the following definitions of terms shall apply:

(1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference.

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

(c) Nothing in the requirements of this clause shall preclude Indian tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not conflict with any Federal statutory or regulatory requirement dealing with the award and administration of contracts.

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts.

(e) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.237-70 Pro-Children Act.

As prescribed in HHSAR 337.103(d)(1), the Contracting Officer shall insert the following clause:

Pro-Children Act (December 18, 2015)

(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided.

The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128 statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all subcontracts awarded under this contract for the specified children's services.

Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of clause)

352.237-71 Crime Control Act—Reporting of Child Abuse.

As prescribed in HHSAR 337.103(d)(2), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Reporting of Child Abuse (December 18, 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted.

For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1-800-4-A-CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

352.237-74 Non-Discrimination in Service Delivery.

http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-337-service-contracting-general/index.html#337.103

As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:

Non-Discrimination In Service Delivery (December 18, 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128

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 2022)

(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 and Other Covered Entities (NOV 2021) (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)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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.]

_X_ (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. 2402).

__ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4…