Combined Synopsis_RFQ-24-094.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 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-24-094.

C. This solicitation document and its incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06, 08/29/2024.

D. This RFQ is issued as “100% Buy Indian/Small Business.” The associated NAICS Code is 236220, and the small business standard is $45.0.

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 Price Schedule:

Total Amount of Attached Price Schedule: $: ______________________

F. To Repair/Replace Emergency Room doors at the Rosebud IHS Hospital.

G. To be provided for the Rosebud Service Unit (RSU), Rosebud IHS Hospital, Rosebud, South Dakota, 57570.

Delivery Location: Rosebud IHS Hospital, East Highway 18, Rosebud, South Dakota. The period of performance will be 120 Days from the Date of Award.

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

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

1. Solicitation number RFQ-24-094;

2. Closing Date: September 17, 2024 at 12:00 pm CDT;

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

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

I. Basis of Award is Lowest Price Technically Acceptable (LPTA). The Government intends to select ONE contractor for award of this effort. The proposals will be initially evaluated by lowest price and if the lowest priced proposal submitted is found to be technically acceptable, no other proposals will be evaluated, and 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 award 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 listed 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 (May 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 (May 2024). See attachment for full text.

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

N. Offers will be accepted electronically, submit via 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 shall be submitted in writing by either email no later than September 11, 2024, 12:00pm CDT.

Contractors will need a UEI number, 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) has implemented 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 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 pre-clearance 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 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 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 Name, Date, and Time to their Supervisor, COR, and Kimmen LeBeau, e-mail: Kimmen.LeBeau@ihs.gov.

https://www.ipp.gov/ mailto:Kimmen.LeBeau@ihs.gov

STATEMENT OF WORK

EMERGENCY ROOM DOOR REPLACEMENT

SERVICES CONTRACT

ROSEBUD HOSPITAL

ROSEBUD, SD

1. Project Description A. Title: Double Door Replacement Project

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

C. Period of Performance: 120 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work is to replace-upgrade 2 doors and or door components in the emergency room south exit-entrance at the hospital. Most of the door and door frames from the original hospital construction are worn and or damaged. Contractor shall install products following all manufacturer’s specifications.

E. Background: The existing doors in the Rosebud hospital divide rooms and corridors used for all functions that occur within a hospital. Daily operations including moving patients, housekeeping carts and heavy medical equipment with high frequency reduce the life-span of the doors.

The doors are essential in providing proper security of the emergency room, keeping proper cooling in the hospital, and maintaining life safety code for smoke and fire partitions. Damaged doors also present an infection control hazard as there are harder to clean and need to restrict access.

This project will help mitigate these problems by replacing all old and worn doors with new metal doors.

F. Related Documents

1. This SOW along with drawings 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. R – Rosebud

4. BAS – Building Automation System

Statement of Work Page 2

EMERGENCY SOUTH DOOR REPLACEMENT

AUGUST 8, 2024

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

10. BIM – Building Information Model

11. LOD – Level of Design

12. CAD – Computer Aided Design

13. RFI – Request For Information

2. Scope of Work (SOW) The scope of this project includes all demo, new installation, and clean up for installation of the products described below. All electrical installation shall be done by an electrician licensed in the state of South Dakota. The location of all doors to be worked on are outlined in drawing document of Appendix B.

The contractor shall provide all material, labor, equipment and supervision required to accomplish the following:

A. Demolition: Each existing door and door hardware to be replaced as indicated in Appendix B shall be removed and returned to the facility. Upon the facility’s discretion, the demolished doors and hardware may be disposed of properly.

B. Warranty: Provide a 1-year labor and material warranty at no additional cost to the government which provides for the repair of all work and equipment that was provided under this scope of work.

C. Electrical: The contractor shall follow manufacturer’s instructions on power requirements and installation for each powered door to be replaced as indicated in Drawings.

D. Finishes: The contractor shall ensure that the finish of replaced door frames match existing.

E. Specialties: Doors to be replaced that have an existing keypad entry shall retain that keypad entry.

Doors with a self-latching requirement must have hardware that automatically latches the door in the closed position.

F. Openings: The attached drawing (see Appendix B) gives location and door requirement of each door to be replaced, modified, or upgraded in this project. All doors involved in this project are to be replaced with a like dimensioned door. Contractor shall field verify all door dimensions and other details on all doors involved in this project and present it in their bid schedule of doors (Appendix A).

G. 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.

Statement of Work Page 3

AUGUST 8, 2024

H. 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.

I. 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 one hundred and twenty (120) calendar days after the date when the Contract Times commence to run.

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. All door materials and dimensions, hardware, and door frames.

2. Electrical components of powered doors.

3. Any other pertinent materials or information.

4. Schedule of all doors to be replaced with associated hardware and mechanisms.

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.

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

D. 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.

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

Statement of Work Page 4

AUGUST 8, 2024

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.

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. 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.

Statement of Work Page 5

AUGUST 8, 2024

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

F. Tribal Requirements.

1. The Contractor and all subcontractors engaging in work on the Rosebud Indian Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Rosebud Sioux Tribe Tribal Employment Rights Office (TERO).

2. Before commencing work, contractors and sub-contractors are required to submit an acceptable “Compliance Agreement” to the TERO office. Copies of this form can be obtained from the TERO office. Typical requirements of TERO include a fee of 4% on the total contract price, and submission of weekly certified payroll reports to TERO.

3. Additionally, the rules and regulations of the TERO Ordinance require that no person who is not a local Indian shall be employed by a covered employer until a work permit has been obtained for them from TERO.

4. Contractors are strongly encouraged to contact the TERO office at (605) 747-2322 for an explanation of tribal requirements. Other fees may apply.

G. 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.

H. Hours Of Operation

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

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

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.

Statement of Work Page 6

AUGUST 8, 2024

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 Edward Arcoren will be designated as the Contracting Officer’s Representative (COR) for this Order. His address and telephone are:

Edward Arcoren Maintenance Supervisor 800 Hospital Circle Box-400 Rosebud, SD 57570 Office: 605-747-0424 Edward.arcoren@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.

Appendix A – Quote Schedule

Appendix B – Door Replacement Drawings

Appendix A ‐ Quote Schedule Rosebud IHS Hospital, Rosebud, SD ‐ Repair/Replace Emergency Room Doors

Item Description Qty Unit Unit Price Extended Price

MP‐1

Hallway Doors ‐ 18G 4284 narrow Light Von Duprin 99 Surface Mounted top Rod ‐ REUSE OLD PANIC Trim

CURRIES HINGE LOCATION 2 EA

ELIEI012

IEI 212W Keypad Weather Resistant BR 1 EA

ELFOL003

FOL 310‐4‐1 24D 630 Electric Strike 1 EA

MP‐1 1'' THICK NARROW LITE GLASS 2 EA

HIHAG016

HAG BB1168 4.5 X 4.5 US26D

NRP Heavy Weight Hinge (Set of 3) 2 EA

MP‐1

ROCK1050 36X34 US32D

Kickplate 2 EA

LABOR

REPLACE DOORS INSTALL

HARDWARE ON OPENING 1 EA

EXVON054

VON 9927EO‐F 3 US28 LBR

Grade 1 Surface Vertical Rod 2 EA

MP‐1

EMCEZ‐36‐CLEAR‐W9‐200 Push Arm HA8‐LP Auto Operator Kit, 4‐1/8in H x 5‐1/8in D x 39in L, Operating Voltage 115 VAC, Clear 2 EA

MP‐1 TRM 34 x 34 Armor Plate 2 EA Shipping & Handling (If Applicable) DO Subtotal Grand Total

ALL PRICES TO INCLUDE DEMOLITION, MATERIALS, AND INSTALLATION.

Auto Operator power wiring must be done by an electrician.

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. 52.204-7 System for Award Management October 2018

2. 52.204-9 Personal Identity Verification of Contractor January 2011 Personnel

3. 52.204-13 System for Award Management Maintenance October 2018

4. 52.204-16 Commercial and Government Entity Code August 2020 Reporting

5. 52.204-17 Ownership of Control of Offeror August 2020

6. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

7. 52.204-19 Incorporation by Reference of December 2014 Representations and Certifications

8. 52.209-2 Prohibition on Contracting with Inverted Domestic November 2015 Corporations-Representation

9. 52.211-6 Brand Name or Equal August 1999

10. 52.212-1 Instructions to Offerors – Commercial Products March 2023 and Commercial Services

11. 52.212-4 Contract Terms and Conditions November 2023

- Commercial Products and Commercial Services

12. 52.225-25 Prohibition on Contracting With Entities June 2020 Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications

13. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

14. 52.232-40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

15. 52.237-1 Site Visit April 1984

16. 52.237-2 Protection of Government Buildings April 1984 Equipment, and Vegetation

17. 52.242.15 Stop-Work Order August 1989

18. 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 - May 2024 Commercial Products and Commercial Services (See Attached)

3. 52.212-5 Contract Terms & Conditions Required to May 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 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— 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3

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—

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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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___ [insert the period of time within which the Contracting Officer may exercise the option].

(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:

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, 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 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 352.226-1 Indian Preference December 2015

2. HHSAR 352.226-2 Indian Preference Program Clause December 2015

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

4. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 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 (DEC 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.

(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.

(End of clause)

352.226-2 Indian Preference Program.

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

Indian Preference Program (DEC 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 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 Public Law 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;

(v…