Combined Synopsis_PRSU_RFQ-24-036.pdf

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

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm Fixed-Price, Non-Personal Service Type, Commercial Item Purchase Order in response to Request for Quote (RFQ) RFQ-24-036.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04, 05/01/2024.

D. This RFQ is issued as “100% Buy Indian/Small Business.” The associated NAICS Code is 238220 – Plumbing, Heating, and Air-Conditioning Contractors, with a small business standard of $19.0.

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

BRAND NAME/EQUAL

Complete the attached Bid Schedule:

Total Amount of Attached Bid Schedule: $: ______________________

F. To provide Duct Cleaning.

G. To be provided for the Pine Ridge Service Unit (PRSU), Pine Ridge IHS Hospital, Pine Ridge, South Dakota, 57770. Delivery Location: Pine Ridge IHS Hospital, East Highway 18, Pine Ridge, South Dakota. The period of performance will be 180 days from Notice to Proceed.

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

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

1. Solicitation number RFQ-24-036;

2. Closing Date: May 23, 2024 at 12:00 pm CDT;

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

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the solicitation requirements. This may include product literature or other documents, if necessary;

5. Price and any discount;

6. “Remit to” address, if different than mailing address;

7. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

8. Acknowledgment of Solicitation Amendments (if any issued);

9. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other relevant information);

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

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

I. Basis of Award is Lowest Price Technically Acceptable (LPTA). The Government intends to select ONE contractor to award this effort. The proposals will be initially evaluated by the lowest price, and if the lowest priced proposal submitted is found to be technically acceptable, no other proposals will be evaluated, and an award will be made to the lowest priced, technically acceptable offeror. However, if the offeror's lowest-priced proposal is not found technically acceptable, the next offeror's lowest-priced proposal will be evaluated until the lowest-priced, technically acceptable proposal is found. The Government intends to evaluate offers and awards without discussions. The Government reserves the right to ask for clarifications from the lowest‐priced offeror being evaluated without approaching other offerors. The Government reserves the right to enter negotiations with the lowest‐priced offeror being evaluated without approaching other offerors.

• Shall provide the items in the Specifications Listings: Brand Name/Equal Buy.

• Ability to meet the Delivery Schedule.

• Complete and fill out the Indian Firm Representation Form/Specifications Price Lists for all items.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (February 2024). See attachment for full text. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (November 2023). Applied to this acquisition, and it’s incorporated by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (February 2024). See attachment for full text.

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

N. Offers will be accepted electronically; submit via email to the following:

Great Plains Area Indian Health Service Attn: David Jones, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 Email david.jones@ihs.gov

Questions regarding this solicitation must be submitted in writing by email by May 16, 2024, 12:00 pm CDT.

Contractors will need a UEI and TIN number and be registered with the System for Award Management at www.sam.gov.

Acceptance Period: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

The quotation must set forth full, accurate, and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required information must be submitted to be considered responsive and eligible for award.

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

Invoice Processing Platform (IPP)

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system.

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing,” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests” http://www.acquisition.gov/ mailto:david.jones@ihs.gov http://www.sam.gov/

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you to make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov.

Please contact the IPP Helpdesk at (866) 973-3131 (M-F 8 AM to 6 PM ET) or IPPCustomerSupport@fiscal.treasury.gov if you require assistance registering or IPP account access.

“Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.”

SECURITY CLEARANCE

A security preclearance must be performed for employees referred to IHS through this contract.

Fingerprints must be completed and adjudicated before services are performed under this contract.

The performance of this contract will require routine access by the contractor's employees or subcontractors to facilities or systems controlled by the Indian Health Service (IHS). Before starting work requiring routine access to IHS facilities or systems, each person must complete an FBI National Criminal History Check (Fingerprint Check) adjudicated by an IHS employee using the Office of Personnel Management Personnel Investigations Processing System. Contractors shall allow five business days for IHS processing of fingerprints taken electronically at an IHS site and thirty business days for non-electronic processing of fingerprints using FBI Form FD-258. A list of IHS sites with electronic fingerprint capability is available from the Contracting Officer.

In addition, no Contractor or subcontractor employee shall be permitted to 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 before the start of work, the contractor shall provide the contractor's performance of the work to the Contracting Officer with the names of all individuals to be used in the performance of work for screening against the LEIE. During the performance, the contractor shall provide the Contracting Officer with 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 IHS is not on the LEIE and can obtain a favorable fingerprint clearance.

Each security preclearance shall be conducted sufficiently before 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.

The government will pay for the cost of processing the contractor's suitability clearances. However, multiple investigations for the same position may, at the Contracting officer's discretion, lead to a reduction(s) in the contract price of no more than the cost of the extra investigation(s).

For employees that DO NOT have access to LMS, contractors, volunteers, or IHS employees with IPAs or MOAs to tribal organizations, please click here on the IHS Sexual Abuse Prevention website. When the contractors have completed and passed the training, please have them send a copy of the last page with their Name, Date, and Time to their Supervisor, COR, and Kimmen LeBeau; Email: Kimmen.LeBeau@ihs.gov.

https://www.ipp.gov/

Performance Work Statement

HOSPITAL DUCT CLEANING

Project # 133019

INDIAN HEALTH SERVICE

SERVICE CONTRACT – PINE RIDGE HOSPITAL

PINE RIDGE HOSPITAL

PINE RIDGE, SD

February 2023

Performance Work Statement Page 2 Hospital Duct Cleaning February 2023

Table of Contents

1. Project Description

2. Project Work Summary (PWS)

3. Period of Performance

4. Submittals

5. Schedule/Meetings

6. Miscellaneous

7. Payments to the Contractor

8. Project Officer

9. Invoice Format

10. Closeout Documents

Appendix A – Bid Schedule

Appendix B – Location and Site Map

Appendix C – AHU Locations and Ductwork Drawings

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Performance Work Statement

Hospital Duct Cleaning Pine Ridge

Pine Ridge, SD

1. Project Description A. Title: Hospital Duct Cleaning

B. Location: This project is at the Pine Ridge Hospital, in Pine Ridge, SD.

C. Period of Performance: 180 calendar days from Notice to Proceed.

D. Description: The project defined within this Performance Work Statement (PWS) is to clean and seal Air Handler Units (AHU) 8, 9 and 10 and their served supply and return ducts, grills, coils, and Variable Air Volume (VAV) terminals.

E. Background: HVAC systems collect and buildup particulates over time. These contaminates reduce the performance of the HVAC system as well as reduce air quality to the hospital. After cleaning out the ductwork, AHU, and VAVs, they must be resealed.

F. Related Documents

1. This SOW and any other standard government or IHS documents are included and considered a part of this contract.

2. IHS Architecture and Engineering Design Manual – 2019

3. FGI 2018 – Healthcare Facility Design Guide

4. NFPA 101 Life Safety Code – 2012

5. NFPA 70 National Electric Code (NEC)

6. ASHRAE 170

7. ASHRAE Fundamentals Handbook 2017

8. NFPA 99 Healthcare Facilities Codebook, 2012

G. Common Acronyms or Definitions

1. IHS – Indian Health Service

2. CMS – Centers for Medicare & Medicaid Services

3. PR – Pine Ridge

4. BAS – Building Automation System

5. Metasys – Name of the existing BAS

6. CO – Contracting Officer

7. COR – Contracting Officer’s Representative

8. PM – Project Manager

9. IGCE – Independent Government Cost Estimate

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10. BIM – Building Information Model

11. LOD – Level of Design

12. CAD – Computer Aided Design

13. RFI – Request for Information

14. AHU – Air Handler Unit

15. PWS – Performance Work Statement

16. VAV – Variable Air Volume

2. Project Work Summary (PWS): The work to be completed in this project includes cleaning AHUs, coils, VAVs, ducts, and grills. After the cleaning and disinfection of these HVAC systems, the units are to be resealed. Follow ASHRAE guidelines for sealing of HVAC equipment.

This project will service the following AHU Systems in PR Hospital:

• AHU 8

o Clean 19 VAV’s o Coil clean & disinfect o Unit clean o Clean SA (Supply Air) and RA (Return Air) duct and grills o Seal the fiberglass lined return duct o Seal seams of supply duct

• AHU 9

o Clean 16 VAV’s o Unit clean o Clean SA and RA duct and grills o Seal the fiberglass lined return duct o Seal seams of supply duct

• AHU 10

o Clean 20 VAV’s o Unit clean o Clean SA and RA duct and grills o Seal the fiberglass lined return duct o Seal seams of supply duct

A. Mechanical Drawing Notes: Appendix C contains mechanical drawings from the original construction of the PR Hospital. Field verify exact locations of all VAV’s, ductwork, and grills. The ductwork to be cleaned services on the lower level of the hospital. The below list gives notes one what drawings are associated with each AHU system to be cleaned in this project.

a. AHU 8

i. Drawing M2.7 shows ductwork layout in area G and AHU 8 terminal box schedule

ii. M6.7 gives AHU Detail

iii. M2.18 gives Mechanical Plan for lower Level

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iv. M2.19 gives Mechanical Plan for 1st Mezzanine (location of AHU 8)

v. M6.2 gives detailed terminal box schedule

b. AHU 9

i. Drawing M2.7 shows ductwork layout in area G and AHU 9 terminal box schedule

ii. M2.8 shows additional ductwork layout in area H

iii. M6.7 gives AHU Detail

iv. M2.17 shows mechanical equipment room plan in area H (location of AHU 9)

v. M6.2 gives detailed terminal box schedule

c. AHU 10

i. Drawing M2.8 shows ductwork layout in area H and AHU 10 terminal box schedule

ii. M6.7 gives AHU Detail

iii. M2.17 shows mechanical equipment room plan in area H (location of AHU 10)

iv. M6.2 gives detailed terminal box schedule

B. Clean Up: Jobsite shall be cleaned daily and must comply with the Infection Control & Safety Officer’s requirements given with the ICRA and PRCA. The construction areas involved shall be free of any debris, rubbish and left-over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

C. Site Restoration: The construction site shall be free of any materials, debris and/or rubbish. The contractor will be responsible for the removal of this debris and must restore the site to its original condition as approved by the project engineer. Photo are to be taken before construction begins for documentation the sites original condition by the contractor.

D. Addition Facility Requirements: Contractor shall comply with the requirements of the hospital’s Facility Manager, Infection Control Officer and Safety Officer. These requirements will be laid out during the pre-construction meeting and will include providing a separated negatively pressurized work space, vented to the outside. Other permits and requirements will be given after the pre-construction meeting and the ICRA and PRCA assessments are completed.

3. Period of Performance

A. Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. The Work will be substantially completed within 180(one hundred eighty) after the date when the Contract Times commence to run.

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4. Submittals A. Submittals or shop drawings shall be submitted for the following items and shall be delivered electronically to the COR or designated PM for final approval before ordering any new material or equipment.

1. Sealant materials.

2. Any other pertinent information.

5. Schedule/Meetings A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted prior to the start of the construction of the contract. Pine Ridge Service Unit requires ICRA/PCRA documents to be signed by contractor or representative 72 hours before construction and/or repairs begin.

C. The contractor shall coordinate with the COR/PM and/or the Hospital Facility Manager before shutting down and air handler unit for any reason. The contractor shall give a minimum 24-hour notice to the Facility Manager before planning to shut down any air handling unit.

D. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

E. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete.

F. Final Completion: One final completion meeting shall be held following determination that the project is complete.

6. Miscellaneous A. Security Requirements. Security: HSPD-12 clearance is required for all personnel assigned to project that will be onsite. The contractor shall be responsible for completing all necessary paperwork to obtain security clearances and badges for construction personnel who will work on the project.

1. Workers without complete security clearances must be directly supervised by the project superintendent. The project superintendent must obtain the proper clearances.

2. All contractors are required to check-in with the facility manager/maintenance staff before commencing work on any project.

3. The contractor will be responsible for the security of the work site. The hospital and the Indian Health Service staff shall not be responsible for the security of the contractor’s tools, equipment, or material during the course of the project.

B. Protection of Government Property. The contractor shall protect all Government property against damage, to include but not limited to dust, fumes, impact, scratching, water, paint, joint compound, power failure, power surges, weather, heavy equipment, etc.

1. All damage caused by the contractor, whether to equipment, roads, landscaping, building components or any other type of Government property encountered at or near the project site shall be repaired or replaced to match the existing and to the satisfaction of the Project Officer at no cost to the Government.

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2. The Contractor assumes responsibility for any and all damage and/or injury to persons or property resulting from any action of prime contractor and subcontractor employees (at any tier).

3. The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

4. The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

5. The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and held harmless against claims for damage or injury in such cases.

C. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition which would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer or loss of building security.

D. Correspondence. All correspondence shall be addressed to the COR/PM and/or CO. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number and Service Unit Name/Location.

3. Name of those who were sent copies.

E. Superintendent. The prime contractor shall have an onsite superintendent for this project while any and all work is being performed unless prior approval is granted from the COR.

F. Construction Materials and Storage

1. All materials shall be stored and handled according the manufacturers’ recommendations.

2. All materials shall be submitted to the COR prior to ordering, for approval by the project engineer.

3. The contractor(s) shall be present and on site to receive all construction material, equipment, or products. IHS staff will not be present, responsible, nor receive, or provide any type of offloading equipment for construction materials, products, or equipment. It is solely the contractor(s) responsibility to properly receive any and all construction equipment, products, and materials on site.

4. The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction.

All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

G. Indemnification

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1. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable.

2. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.

3. The indemnification obligations of Contractor under Paragraph 6.G.1 shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

a) the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

H. Dispute Resolution

1. All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making and acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

2. Notice of the demand for arbitration shall be filed in writing with the other party to the Contract Documents and with the American Arbitration Association, and a copy shall be filed with the Engineer. Demand for arbitration shall in no event be made on any claim, dispute or other matter in question which would be barred by the applicable statute of limitations.

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3. The Contractor will carry on the WORK and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing.

I. Hours Of Operation

1. The project shall start after award and receipt of the Notice to Proceed.

2. Onsite work can begin 72 hours after signing the ICRA/PCRA documents.

3. The work hours shall be 8:00am – 5:00pm, Monday – Friday. Weekends and after hours work may be available upon request and may be necessary.

7. Payments to the Contractor

1. The Government will pay the Contractor a fixed price, as indicted below, which will constitute full compensation for all Contractor professional and incidental services, travel expenses, and materials necessary to furnish complete project as required and specified in this SOW.

2. Progress payments will be paid following acceptance by the Government of that particular schedule item and a properly submitted and approved invoice.

8. Project Officer Austin Kaul will be designated as the Contracting Officer’s Representative (COR) for this Order. His address and telephone are:

Austin Kaul General Engineer, DFM Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr., Suite #1 Rapid City, SD 57702 Office: 605-945-5457 austin.kaul@ihs.gov

Any change in COR designation will be documented by the Contracting Officer in writing.

9. Invoice Format The Contractor is responsible for delivering one copy of the invoice to the COR. The invoice shall include the contractor’s official invoice with the contractor’s letter head and a filled-out Form AAO-107C along with the contractor’s schedule of values showing a detailed breakdown of the construction items with the progress of each. The COR is responsible to approve or reject the invoice and provide a copy to the Contract Specialist and delivery of the original to the payment office.

Upon reaching 100% completion of the entire task order, submission of the final invoice must be accompanied by a Final Claims Release before payment can be approved. Failure to provide the proper information may cause the invoice to be returned or delayed.

10. Closeout Documents The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager/engineer. The final installed submittal package and O&M shall also be sent electronically to the COR and/or PM.

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Appendix A – Bid Schedule

Appendix B – Location and Site Map

Appendix C – AHU Locations and Ductwork Drawings

APPENDIX A

Bid Schedule

DESCRIPTION UNIT

PRICE NOTES

PROJECT MOBILIZATION/TRAVEL/SUPPLIES

AHU8 VAV CLEAN AND SEAL

AHU8 COILE CLEAN & DISINFECT

AHU8 UNIT CLEAN

AHU8 SA & RA DUCT & GRILL CLEAN/SEAL

AHU8 SEAL LINED RETURN DUCT

AHU8 SEAL SUPPLY DUCT SEAMS

AHU9 VAV CLEAN AND SEAL

AHU9 UNIT CLEAN

AHU9 SA & RA DUCT & GRILL CLEAN/SEAL

AHU9 SEAL LINED RETURN DUCT

AHU9 SEAL SUPPLY DUCT SEAMS

AHU10 VAV CLEAN AND SEAL

AHU10 UNIT CLEAN

AHU10 SA & RA DUCT & GRILL CLEAN/SEAL

AHU10 SEAL LINED RETURN DUCT

AHU10 SEAL SUPPLY DUCT SEAMS

TAXES, FEES, MISC.

TOTAL

APPENDIX B

Location and Site

Map

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Performance Work Statement Page 12

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DEPARTMENT OF HEALTH & HUMAN SERVICES

Indian Health Service

Office of Management Services Division of Acquisition Policy (DAP)

5600 Fishers Lane Rockville, MD 20857

INDIAN HEALTH SERVICE

BUY INDIAN ACT

INDIAN ECONOMIC ENTERPRISE

REPRESENTATION FORM

SOLICITATION/SOURCES SOUGHT/RFI #: _________________________________________________

PROJECT TITLE: ________________________________________________________

DATE: ___________________________________________________________________

In accordance with 25 U.S.C. 47 the Buy Indian Act, the signature below constitutes self-certification that the Offeror meets the definition of an “Indian Economic Enterprise” (HHSAR 326.601) in response to this Sources Sought Notice, Request for Information (RFI) or Solicitation and resultant contract.

The enterprise must meet the definition of “Indian Economic Enterprise” throughout the following time periods:

(1) At the time an offer is made in response to this solicitation;

(2) At the time of contract award; and

(3) During the full term of the contract performance period. At any point during these periods, if the Contractor no longer meets the eligibility requirements, the contractor must provide immediate written notification to the Contracting Officer.

Individual Contracting Officers may require documentation of eligibility before awarding a set-aside or sole source contracts under the Buy Indian Act and awards may be subject to protest if the eligibility of the successful Offeror is in question. In addition to the self-certification requirements, successful Offerors must also be registered with the System of Award Management (SAM).

Any false or misleading information submitted by an enterprise when submitting an offer in consideration of an award set-aside under the authority of the Buy Indian Act is a violation of the law and punishable under 18 U.S.C. 1001.

False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

REPRESENTATION

The Offeror represents as part of its offer that it does _____, does not _____ meet the definition of an “Indian Economic Enterprise” with “Indian Ownership” under the authority of the Buy Indian Act.

Name of the 51% owner of IEE Firm

Certifying Signature

Print Name

Name of Federally Recognized Tribal Entity

Business Name

DUNS Number

CLAUSES INCORPORATED BY REFERENCE

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

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. 52.203-11 Certification and Disclosure Regarding Payments September 2007

To Influence Certain Federal Transactions

2. 52.203-12 Limitation on Payments to Influence Certain June 2020 Federal Transactions

3. 52.204-7 System for Award Management October 2018

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

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

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

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

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

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

10. 52.209-2 Prohibition on Contracting with Inverted Domestic November 2015 Corporations-Representation

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

12. 52.212-4 Contract Terms and Conditions November 2023

- Commercial Products and Commercial Services

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

14. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

15. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

16. 52.237-1 Site Visits April 1984

17. 52.237-2 Protection of Government Buildings April 1984 Equipment, and Vegetation

18. 52.242-15 Stop-Work Order August 1989

19. 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. 52.204-24 Representation Regarding Certain November 2021 Telecommunications and Video Surveillance Sales Equipment

2. 52.212-3 Offeror Representations and Certifications - February 2024 Commercial Products and Commercial Services

(See Attached)

3. 52.212-5 Contract Terms & Conditions Required to February 2024 Implement Statutes or Executive Orders – Commercial Products & Commercial Services (See Attached)

4. 52.217-8 Option to Extend Services November 1999

5. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

6. 52.252-2 Clauses Incorporated by Reference February 1998

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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)

52.252-1 Solicitation Provisions Incorporated by Reference.

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

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

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

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov

(End of Clause)

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

No. HHSAR Citation Clause Title Clause Date_ ____

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

2. HHSAR 352.237-70 Pro-Children Act December 201

3. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 Child Abuse

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

352.232-71 Electronic submission of payment requests

As prescribed in HHSAR 332.7003, use the following clause:

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 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 (DEC 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 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 (DEC 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.