CRHC20-40.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ !! A SMALL BUSINESS SET.ASIDE

PACE OF PAGES

1ot2

I, REQUEST NO

cRHC2040

2. DATE ISSUED

08t01t2020

3 REQUISITION/PURCHASE REQUEST NO

tHS1409980

4 CERT FOR NAT. DEF

UNDER BDSA REG 2

AND/OR DMS REG I

RATINC

5A.ISSUED BY

Eagle Butte Indian Health Service, Cheyenne River Service Unit 24276 166rn St, PO Box 1012, Eagle Butte, SD 57625

6 DELIVER BY /Dole)

See schedule

5b FOR INFORMATION CALL (NO COLLEC'I CALI.S) 7 DELIVERY OTHER ffi roa oes'rtNnr ol D 6"" s,n"auo

NAME

Stephanre Charger stephanie.redelk@ihs.eov

TELEPHONE NUM 9, DESTINA I'ION

AREA CODE

NUMBER

964-0507 a NAME OF CONSIGNEE

Cheyenne River Service Unit t To: b STREET ADDRESS

24276 166rh St , PO Box 1012

a. NAME b COMPANY c CITY

Eagle Buttec. STREET ADDRESS d CITY e, STATE f ZIP CODE d STATE

SD

e. ZIP CODE

57625

IO PLEASE FURNISH QUOTAI'IONS TO

THE ISSUINC OFFICE IN BLOCK

5a ON OR BY l:00 PM MST ON (Dale, August 14, 2020

IMPORTANT This is a request for information, and quotations fumished are not oftiers. Ifyou are unable to quote. please so indicate on his fonn and r€tum it to the address in BIock 5a This requestdoes notcornmrtthe Govemment loDav anv cosls ncuned in the prepamlron ofthe submission ol dlis quotalron or toconlract for supplies or services Srpplies arc oi domestic ori8tn unless otherwise Indicated by quoter Any r€presentations and/or cenifications anached to this Request lbr Quotations must be completed by thequoter

I l. SCHEDULE (Include qpplicable Federal, State and local ta.:xes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

LINIT PRICE

{9)

AMOUNT

(o

I

Firm Fixed Price, Non-Person Service, Purchase Order, for Building Automarion System Maintenance/Service, for the Cheyenne River Health Center, Eagle Butte, SD, per attached SOW.

Period of Performance: O9 10l/2020-08/31 12021

Scheduled Support Services onsite and remote Pricing is all inclusive t2 Month

Aggregated Total:

I2 DISCOUNT FOR PROMPT

PAYMENT

a.

IO CALENDAR DAYS b20

CALENDAR

DAYS%

c. 30 CALENDAR DAYS vo d, CALENDAR DAYS

NUMBIR PERCENTAGE

NOTEr Additional Drovisi{rrs and reDrescntations are Ll are not atlached I] NAME AND ADDRESS OF OUOTER I5. SICNATURE OF PERSON AUTHORIZED TO I5, DATE OI-'

QUOTATIONa NAME OF QUOTER SIGN QUOTATION

b. STREET ADDRESS

c. COUNTY I6. SIGNER

a. NAME Orpe of /int) I, TI NE

AREA CODE

d. CITY e. STATE f, ZIP CODE c IIILE (rype or prmt) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION Inc edilion not usable Prescribcd by GSA-FAR (48 CFR) 5l-2l5-l ta, ITEM

NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

L]}IIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

DUNS & Bradstreet Number:

(The Duns & Bradstreet number is required.

Provided you do not have it, you may call 866-705- 571 I and obtain one.) You will need a DUNS & Bradslreel NUMBER to be awarded the purchase

The quoter is hereby notified that they must be registered in the System for Award Management (SAM) before the Government will issue an award. You may do this by going to www.sam .gov to register and you are required to update this registration every year prior to the expiration date.

No contract award shall be made to a vendor listed on the OIG Exclusion List (hft o://exlusions.oig.hhs.gov) throughout the duration of the contract.

Federal Tax ID Number:

Email Address:

Net Terms:

NOTTCE TO QUOTERS

REOUEST FOR OUOTES GFO): CRHC20-40

QUOTE DUE DATE: Quotes are due August 14,2020 @ 1:00 PM MST

RETURN RFO TO: Cheyenne River Service Unit Attn: Stephanie Charger PO Box l0l2 Eagle Butte, SD 57625 Telephone: 605-964-7724 Ext. 0507 Fax: 605-964-1140

GENERAL DESCRIPTION:

Firm Fixed Price, Non-Personal Service Purchase Order, for Building Automation System Maintenance Service for the Maintenance Department, at the Cheyenne River Health Center located in Eagle Butte, SD. The Period of Performance: 0910112020 - 0813112021. The quoted "unit price" shall be an all inclusive price.

This RFQ is issued as a I00%o Small Business Set Aside and the associated NAICS code is 238220 with a small business size standard of $ 16.5 million.

BASIS FORAWARD:

Lowest Price Technically Acceptable (LPTA). LPTA factors in determining the successful contractor:

1 . Meet Scope of Work

2. Past Performance

Contractor must be registered with the System for Award Management. The website to register is at:

www.sam.gov

INSTRUCTION TO OUOTERS:

To be considered an acceptable quote, the following items 4g! be completed and retumed by the due date stated above.

1 Complete and sign SF-l8 - Request for Quotation (Signature required)

2. Complete Taxpayer Identification Form (FAR Part 52.204'3 - Taxpayer Identification)

3. Complete Annual Representations & Certifications form (FAR 52.212-5)

ATTACHMENTS:

1. SF-18 Request for Quotations

2. Notice to Quoters

3. Scope of Work

4. Clauses incorporated by reference

5. Clauses incorporated in full text

6. Representations and Certifications'

7. Labor Standards

NO CONTRACT AWARD SHALL BE MADE TO ANY VENDOR OR PROVIDER LISTED ON THE

OIG EXLUSION LIST http://exlusions.oig.hhs.gov THROUGHOU-I THE DURATION OF THE

CONTRA,CT. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE

ACQUISITION OFFICIAL IF THERE IS A CHANGE IN PROVIDEIT.

SECURITY CLEARANCE

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

Quotation must set forth full, accurate, and complete information as required by this Request for Quotation (RFQ), and be retumed no later than the date referenced in Block #10 ofthe Request for Quotation form SF- I 8.

All required information must be submitted in order to be considered responsive and eligible for award.

CHEYENNE RIVER HEALTH CENTER

Building Automation System Maintenance/Service Contract

Cheyenne River Health Center 24275 165th Street

Airport Road

EAGLE BUTTE, SOUTH DAKOTA 57625

(60sl-96/,-7724

Prepared by:

Stottin Newbrough Facility Engineer

Cheyenne River Health Center (60s)964-0s90

STATEMENT OF WORK

Building Automation System Maintenance/Service Contract

PURPOSE

The purpose of this service contract is to provide technical support service, on-site operation training, programming, software updates, modifications and repairs to the Cheyenne River Health Center building automation system. This service contract will provide for both scheduled and emergency support services. The service contract shall include all needed labor and BAS system knowledge to review and perform the preventative and corrective maintenance. Services required will be performed in coordination with the CRHC Facility Manager.

BACKGROUND

The Cheyenne River Health Center building automation system runs Tridium Niagara 4 software with BACnet and Lonworks data capabilities. The Cheyenne River Health Center BAS controllers are a mixture of Siemens and Distech and operated by Tridium JACE. A virtual server is used to backup data as well as remote in from offsite for emergency support services via lP connection.

A security agreement between the Contractor and the Indian Health Service will be implemented along with annual required training.

SCOPE

Scheduled service will require on-site visitation from the Contractor to provide the following:

1. Monthly onsite visits to perform routine maintenance on the BAS system.

2. Technical support and train ing for staff on BAS softwa re and repairs to BAS comoonents shall be on-site.

3. lnspection and verification of equipment to identify if corrective maintenance is needed.

4. Adjust set points, parameters, programming, and alarms as needed to improve comfort and efficiencv.

5. Calibration of any BAS components to ensure accuracy of measurements.

6. Software uodates to BAS svstem.

Emergency service will include the same services as listed above, as well as, emergency support service.

The contractor shall provide 12 scheduled service site visits to the facility per contract year.

All labor during the monthly scheduled service shall be included as part of the bid price. All travel and per diem shall be included as part of the bid price. The costs of any materials that may be required to accomplish any modifications, alterations, or repairs to BAS components, or HVAC system components, that are not covered under a warranty shall be procured by the Cheyenne River Health Center as dictated by the Federal Acquisition Regulations.

The Contractor shall provide qualified technicians necessary to perform routine maintenance on the building automation system. The Contractor is responsible for bringing all needed tools, and specialized equipment to the work site. The Contractor is responsible for the safety of his/her employees, and for conduct of the work in a manner, that prioritizes the safety of patients, staff, and visitors. The Contractor shall maintain existing systems in service to the maximum extent possible and coordinate interruptions of any utility service in advance with the Facility Manager. lf needed for reference, drawings, specifications, and O&M Manuals of the installed svstem shall be shared with the Contractor onsite.

At the end of each monthly site visit, the Contractor sh all provide the Cheyenne River Health Center a written service report that documents all alterations, modifications, or repairs accomplished during the site visit. A briefing shall be conducted with the Facility Manager before departure to discuss the service report. All onsite technical support training will be approved and scheduled by the Cheyenne River Health Center Facility Manager. The monthly site visits will be scheduled to fall as close to four weeks apart as possible. Back to back monthly site visits will not be permitted.

Remote technical support services be provided by the Contractor to assist CRHC Facility staff with diagnosis of BAS hardware and software problems, modifications to HVAC operations, and programming of BAS hardware. Remote technical support services will be completed as requested by the Facility Manager. Remote support shall be accomplished through the BAS virtual server via lP connection. The Facility Manager, prior to services being rendered, shall approve all requests and approvals for technical support. Remote technical support shall be included as part of the bid price.

A 53,000 per annum emergency service fund shall be included in the bid price. The emergency repair fund can be used for BAS software, components, and labor in the event of an emergency service request. A quote for parts and labor shall be submitted to the Facility Manager for approval prior to parts being ordered or services rendered. The Facility Manager may opt to procure any/all materials and labor on a separate contract to not interfere with the emergency repa ir fund.

The Contractor shall enter the facility using the main entrance doors and sign in with Security to receive a visitor badge. Then the Contractor will need to report to the Facility Maintenance Department located in the lower level ofthe building to sign into the contractor logbook. The Contractor and alltechnicians will be not be able to be in the facility by themselves.

Maintenance personnel will be assigned to accompany the Contractor and technicians while thev are on-site.

HOURS OF OPERATION

The hours of operation will be 8:00am to 5:00pm, Monday through Friday. The Facility Manager, with ample notification, must approve any work conducted outside of the scheduled operation time.

CLEAN UP

The work areas involved shall be free of anylall debris, and left over material scraps upon completion of support services. The Facility Manager will inspect the site prior to final payment to ensure the site is returned to its original condition prior to services.

PAYMENT

The Contractor shall provide the Facility Manager and COR, a month ly-itemized invoice of all technical support provided, including the date, duration and description of services performed for scheduled, emergency, and remote services.

MINIMUM REQUIREMENTS TO BE CONSIDERED A QUATIFIED BIDDER

1. The contract firm must have a minimum of 5 years of experience history in the field and oresent documentation.

2. Contractor personnel that will be working on the HVAC and BAS system ofthe Indian

Health Service must have a minimum of five years of experience and have attended all appropriate training to be qualified and proficient in working with HVAC and BAS systems. Training must be such that the technicians are fully capable of programming with software and troubleshooting the BAS equipment and control system. Must have

Tridium Niagara AX/4 certification and present copies of training certificates at the time of bidding.

3. The contract firm must have at least five years of Tridium Niagara AX/4 experience.

4. The contract firm must directly employ formally trained, qualified and experienced tech n icians.

5. Contractor personnel must have at least three years of experience working in health care facilities and provide documentation of experience.

CONTRACTING OFFICETI]S REPRESENTATIVE

Cassandra West - (605) 7 79-4055

CLAUSES INCORPORATED BY Rf,FERENCE (Firm Fixed-Price Service-Commercial Item)

52.252-l -- Solicitation Provisions Incorporated by Reference (Feb 1998) & 52.252-2 - Clauses Incorporated by Reference (Feb f998)

This solicitation incorporates one or more solicitation provisions by reference and 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.

The offeror is cautioned that the listed provisions/clauses may include blocks that must be completed by the offeror and submitted with its quotation or offer.

Also, the full text of a solicitation provision/clauses may be accessed electronically at this/these address(es):

httpslwryl.-farsrle-hilLaln I

l. Federal Acquisition Resulations (FAR) (48 CFR Chapter l) Clauses

No. FAR Citation Clause Title Clause Date

52.204-4 Printed or Copies Double-Sided on Postconsumer Fiber Content Paper May 201 I

52.202-l Definitions

52.203-3 Gratuities

52.204-7 System for Award Management

52.204-9 Personal ldentityVerificationofContractorPersonnel

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Govemment Entity Code Reporting

52.204-18 Commercial and Government Entity Code Maintenance

52.212-l Instructions to Offerors - Commercial ltems

52.212-4 Contract Terms and Conditions - Commercial ltems

52.215-5 FacsimileProposals

52.222-41 Service Contract Labor Standards

52-222-44 Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment

52.222-55 Minimum Wage Under Executive Order I 3658

52.223-5 Pollution Prevention and Right-To-Know Information

52.223-6 Drug-FreeWorkplace

52.224-l Privacy Act Notification

52.224-2 Privacy Act

Nov 2013

Apr 1984

Oct20l8

Jan 201I

Oct 201 8

Jul 20 l6

Jul 2016

Oct 201 8

Oct 201 8

Oct 1997

Aug 2018

May 20l,4

Dec 20l 5

May 20ll

May 2001

Apr 1984

Apr I 984

Page I of9

19.

20.

21.

22.

23.

)4

2>.

zo.

27.

28.

29.

30.

31.

32.

JJ.

34.

35.

JO.

52.232-l s2.232-8

52.232-tE

52.232-25

)2.252-5J

52.232-39

52.232-40 s2.233-1

52.233-3

52.233-4

52.237-l

52.237-2

52.237 -3

52.237 -7

52.242-15

52.243-l

52.246-4

52.249-1

52.249-8

Payments

Discounts for Prompt Payment

Availability of Funds

Prompt Payment

Palment by Electronic Funds Transfer - System for Award Management

Unenforceability of Unauthorized Obligations

Providing Accelerated Payments to Small Business Subcontractors

Disputes

Protest After Award

Applicable Law for Breach ofContract Claim

Site Visit

Protection of Govemment Buildings, Equipmen! and Vegetation

Continuity of Services

Indemnification and Medical Liability Insurance

Stop-Work Order

Changes-Fixed-Price Alternate(s)1, Il, IIl, lv v

Inspection of Services - Fixed-Price

Termination for Convenience ofthe Government (Fixed-Price)( Short Form)

Default (Fixed-Price Supply and Sewice)

Apr 1984

Feb 2002

Apr 1984

Jan 2017

Oct 2018

Jun 2013

Dec 2013

May 2014

Aug 1996

Oct 2004

Apr l9E4

Apr 1984

Jan l99l

Jan 1997

Aug 1989

Aug l9E7 Apr 1984

Aug 1996

Apr 1984

Apr 1984

n. Federal Acquisition Regulations (FAR) (48 CFR Chapter l) Clauses in Full Text l.

2.

52.212-2

)z.z lz-J

52.2t2-5

Evaluation-Commercial Items

Offeror Representation and Certifi cations

- Commercial Items

Contract Terms and Conditions Required to Implement Statutes

Or Executive Orders - Commercial Items

Oct 2014

Jan20l7

May 2019

Page 2 of9

4. 52.216-18

5. 52.217 -8

6. 52.252-l

7. 52.252-2

Ordering

Option to Extend Services

Solicitation Provisions Incorporated by Reference

Clauses Incorporated by Reference

Oct 1995

Nov 1999

Feb 1998

Feb l99E

52.212-2 - Evaluation -- Commercial ltems, As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Govemment, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable (LPTA). LPTA factors in determining the successful contractor:

l. Meet Scope of Work

2. Past Performance Technical and past performance, when combined, are significantly more important than cost or price.

(6) Options. The Govemment will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Govemment may determine that an offer is unacceptable ifthe option prices are significantly unbalanced. Evaluation ofoptions shall not obligate the Govemment to exercise the option(s).

(c) A wrinen notice of award or acceptance of an offer, mailed or otherwise fumished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52,212-3 - Offeror Representations and Certifications - Commercial Items (Dec 2019)

Attached separately.

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2019)

Attached separately.

52.216-18 - Ordering As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 07/01/2019 through

06130/2024.

(b) All delivery orders or task orders are subject to the terms and conditions ofthis contract. ln the event ofconflict beween a delivery order or task order and this contract, the contract shall control

(c) If mailed, a delivery order or task order is considered "issued" when the Govemment deposits the order in the mail.

i)rders may be issued orally, by facsimile, or by electronic commerce methods only ifauthorized in the Schedule.

(End ofClause)

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 Govemment may require cortinued performance of any services within the limits and at the rates sPecified in the contract. These rates-may be adjusted oniy as a result of revisions to prevailing labor rates provided by the Secretary- of Laioi. The option proviiion may be exeriised more than once, but the total extension of performance hereunder shall not

Page 3 of9 exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within l0 days of the period ofperformance end date.

(End ofClause)

52,252-l -- 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 ifthey 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 submined with its quotation or offer. In lieu of submitting the full text ofthose provisions, the offeror may identifr 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): hnp://farsite.h ill.af.m ill (End of Provision)

52,252-2 -- Claus€s Incorporat€d by Reference.

As prescribed in 52. 107(b), insert the following clause:

Clauses Incorporated by Reference (Feb f998) This contract incorporates one or more clauses by reference, with the same force and effect as ifthey were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text ofa clause may be accessed electronically at this/these address(es): http://farsite.hill.af.m ili (End of Clause)

III. Department of HHS Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses l.

2.

3.

A

7.

HHSAR 352.224-70

HHSAR 352.224-71

HHSAR 352.226-l

HHSAR 352.226-2

HHSAR 352.237-70

HHSAR 352.237-71

HHSAP.352.237-72

HHSAR 352.237-73

HHSAR 352.237-74

Privacy Act

Confi dential Information lndian Preference

Indian Preference Program

Pro-Children Act

Crime Control Act- Reporting of Child Abuse

Crime Control Act-Requirement For Background Checks

Indian Child Protection and Family Violence Act Non-Discrim ination in Service Delivery

352.22470 PrivacY Act

As prescribed in HHSAR 32.1. 105(a), the contracting officer sha.ll insert the following clause:

Privacy Act (December 18, 201 5)

December 20 | 5

December 201 5

December 20 I5

December 201 5

December 20 l8

December 20 I 5

December 2015

December 2015

December 201 8

5.

6.

8.

9.

Page 4 of9

This contract requires the Contractor to perform one or more ofthe following: (a) design; (b) develop; or (c) operate a

Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(mXf)) and applicable agency regulations.

The term system of records means a group of any records underthe control ofany agency from which information is retrieved by the name of the individual or by some identifring number, symbol, or other identifoing particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5 b and that each employee is aware that he/she is subject to criminal penalties for violation ofthe Act to the same extent as

Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation ofthe designated system(s) ofrecords (5

U.S.C. 552a(mXf )). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion ofcontract performance.

(End of clause)

152.224-7 | Confi dential Information.

As prescribed in HHSAR 324. 1 05(b), insert the following clause:

Confidential Information (December 18, 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(U; Specific information or categories of information that the Covernment will fumish to the Contractor, or that the

Contiactor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting

Officer may modifo this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(l) Written advance notice ofat least 45 days shall be provided to the Contracting Officer ofthe Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that ofthe agency.

(2) For information provided by or on behalfofthe Sovemment,

(i) The publication or dissemination of the following types of information are restricted under this contract: INSERT RESTRICTED TYPES OF INFORMATION. If none, so state ]

(ii) The reason(s) for restricting rhe types of information identified in subparagraph (i) isiare: [STATE

WHY THE PUBLIC OR GOVERNMENT INTEREST REQUIRES THE RESTRICTION OF EACH TYPE OF

INFORMATION. ANY BASIS FOR NONDISCLOSURE WHICH WOULD BE VALID UNDER THE

FREEDOM OF INFORMATION ACT IS SUFFICIENT LINDER THIS CLAUSE.]

(iii) Written advance notice ofat least 45 days shall be provided to the Contracting Officer ofthe

ContractoCs intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the contractor should consult with ihe Contracting Officer prior to any release, disclosure, dissemination, or publication.

352.22G1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Office Indian Preference (

(a) The Contractor agrees to gtve preference in empl Indians who can perform

,equi.ea *ort, ."gur-dl.., ofage (iubject to existing a{frliation To the extent feasible and consistent with the eifi"ient perfo..uni ees to give preference in ning opportunities under this contract to Indians who are not fully qualified to perform regardless of ng taws and regulations), sex, religion, or tribal affiliation. The Contractor a|so agrees to give oiganizations a'nd lndian-owned economic enterprises in the awarding of any subcontracts to the

Page 5 ofg 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 ofthis 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 satisry those needs by selecting nonlndian persons in accordance with the clause ofthis contract entitled "Equal Opportunity."

(d) lf no Indian organizations or lndian-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 ofthis contract involving utilization of small businesses; HUBZone small businesses; service-d isab led, 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,

(l) Indian means a person who is a member ofan Indian hibe. 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 concemed that the person is a member ofthe 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 goveming body ofany Indian Tribe or entity established or recognized by such goveming body in accordance with the Indian Financing Act of 1974 (88 Srat.77;25 U.S.C. l45l ).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose ofprofit, provided that such Indian ownership shall constitute not less than 5l percent ofthe enterprise, and that ownership shall encompass active operation and control ofthe enterprise.

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

(g) In the event of noncompliance with this clause, the Contracting Officer may term inate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions ofthe 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 (December I 8, 201 5)

(a) In addition to the requirements ofthe clause ofthis contract entitled "lndian Preference," the Contractor agrees to isiablish 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 tub"ontru"ts. In this connection, the Contractor shall perform the following:

( I ) Designate a liaison officer who will maintain liaison with the Govemment and the Tribe(s) on lndian p."f.r"n"" rutt"is; supervise compliance with the provisions ofthis clause; and administer the Contractor's Indian preference program.

(2) Advise its recrultment sources in writing and include a statement in all employment advertisements that Indian ident to such emPloyment.

contract, post a written notice setting forth the Contractor's bal offrce of any reservations on or near the contract work

Tribal assistance.

Page 6 of9

(4) Establish and conduct a subcontracting program which gives prcference to lndian 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 ofthe name, location, and phone number ofthe 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 lndian firms to submit bids or proposals by including-

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

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

(iii) Definitions for the terms "lndian organization" and "lndian-owned economic enterprise" prescribed under the "lnd ian Preference" clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifoing that it is an Indian organization or lndian-owned economic enterprisel and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission ofa 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 ofparagraph (d) ofthe "lndian Preference" clause ofthis contract. Ifthe 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. lfthe 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. lf parties cannot agree on a reasonable price, the

Contractor shall comply with the requirements of paragraph (d) ofthe "lndian Preference" clause ofthis contract.

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

(i) The numbers of Indians seeking emplolrnent for each employment position available under this contracr:

(ii) The number and rypes ofpositions filled by Indians and non-lndians;

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

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

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

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

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

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor's Indian preference p.og.um and indicating thi number and types ofavailable positions filled by Indians and non-lndians, and the dollar amounts ofall subcontractiawarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Govemment for one year ufter final paynr"nt under thiscontract, or for such longer peiiod in accordance with requirements ofany other clause of this contract or by applicable law or regulation

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

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

(Z) Indian reservation includes Indian reservations, public domain lndian allotments, former lndian reservations in oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat'

(3) On or near an Indian reservation means on a reservat that area surrounding an lndian reservation(s) where a person seeking employment could te to and from in the course of a work daY Page ? of9

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

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

(e) In the event ofnoncompliance 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 ofthe contract.

(End of clause)

352.237 -7 0 P ro-Child ren Act.

As prescribed in HHSAR 33 7. 103(dX I ). the Contracting Officer shall insert the following clause:

Pro-Children Act (December | 8, 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 ce(ain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereo|, 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 ofthe 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 adm in istrative com pliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

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 199O-Reporting of Child Abuse (December 18, 2015)

(a) Public Law l0l-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 coniraited) faCility, leam offacts 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 caiego.ies includ-ing, but not limiied to, teachers, social workers, physicians, dentists, medical residents or intems, hospital pers-onnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, oodiatrists. ans, ambulance drivers, alco psychologists, psychiahist ls, child care workers and ad m and photo processors. hild abuse" as the physical o exploitation, or negligent treatment of a child.

(cfAccordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless oftn. pu.po." ofthl contract or s-ubcontract, shall immediately report a suspected child ab.use.incident in accordance with in" prouirlon, of rhe Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CpS), or law enforcement agency shall be contacted. For more information about where and how to hle a report, the C1titaneip Usn, National Child Abuse Hotline ( I-800-4-A-CHILD) shall be called. Any covered professional failing to mike a timely report of such incident shall be guilty of a Class B misdemeanor.

id; By u"""ptun." ofthis contract or order to comply with the requirements ofthe Act. The Act also appties to ail applicable subcontracts awar . Accordingly, the Conlractor shall ensure that each of its employees, and any subcontractor staff, is derstands, and complies with the provisions of the Act clause)

352.237'72 Crime Control Act-Requirement for Background Checks'

As prescribed in HHSAR 337.103(d)(3), the contracting officer shall insert the following clause:

crinre control Act of 1990-Requirement for Background checks (December lE' 2015)

(a) Public Law l0l-647, also known as the crime control Act of 1990 (Act), requires that all individuals involved with ihe prouision ofchild care services to children under the age of l8 undergo a criminal background check "child care

Page 8 ol'v services" include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal ofan employee providing any ofthe services listed above.

(b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staffperson provisionally prior to the completion of a background check, ifat all times prior to the receipt ofthe background check during which children are in the care ofthe newly-hired person, the person is within the sight and under the supervision ofa previously investigated staffperson.

(c) By acceptance ofthis contract or order, the Contractor agrees to comply with the requirements ofthe Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

352.237-73Indian Child Protection and Family Violence Act.

As prescribed in HHSAR 337. 103(dX4) the Contracting Officer shall insert the following clause:

lndian Child Protection and Family Violence Act (December 18, 2015)

(a) This contract is subject to the Indian Child Protection and Family Violence Act, Pub. L. l0l-630 (25 U.S.C. 3201 el seq.) The duties and responsibilities required by this contract may involve regularcontact with or control over Indian children. Pub. L. l0l-630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted ofany crime ofviolence. Any such conviction should immediately be hought to the attention ofthe Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Auman Resources. Until such time as the contractor has been notified of completion ofthe investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer'

(b) As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.

(End of clause)

352.237-74 Non-Discrimination in Service Delivery.

As prescribed in HHSAR 3 37.1 03(e), the Contracting Officer shall insert the following clause in solicitations and contracts:

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

It is the policy of the Department of Health and Human Services that no person otherwise eli8ible will be excluded from particip;tion ;n, denied tire benefits of, or subjected to discrim ination in the administration of HHS programs and services tased on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance ofthis contract, the contractor agrees to comply with this policy in suppo.tinj'tne program and in peiform ing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or perfonning the specified program and services'

Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

(End of clause)

Page 9 of9

52.212-3 Offeror Representations and Certilications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Dec 2019) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs {c) through (v)) of this provision.

G) Dertnirions. As used in this provision- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concem" means a small business concern that is at least 5l percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with l3 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(l) Exacted from any person under the age of l8 under the menace ofany penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of l8 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner ofthe offeror. No entity owns or exercises control ofthe highest level owner.

"lmmediate owner" means an entity, other than the offeror, that has direct control ofthe offeror. Indicators of control include, but are not lim ited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"lrwerted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of6 U.S.C 395(c).

i'Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-

(l) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSC E8. Live Animalsl

(4) PSG 89, Subsistence;

(5) PSC 941 0, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products' Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

,.place ofmanufacture" means the place where an end product is assembled out ofcomponents, or otherwise made or orocessed from raw materials into the hnished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

.,predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

,,Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the prod;ction of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. I 10- 174). Restricted business operations do not include business oferations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrats- (l)-Are conducted under contract directly and exclusively with the regional govemment ofsouthem Sudan;

Pagelofll

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department ofthe Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist ofproviding goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"

"Sensitive technology"- ( I ) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i)To restrict the free flow of unbiased information in Iran; or (ii)To disrupt, monitor, or otherwise restrict speech of the people of lran; and

(2) Does not include information or informational materials the export of which the President does not have the aurhority to regulate or prohibit pursuant to section 203(b)(3)ofthe International Emergency Economic Powers Act (50 u.s.c. 1702(bx3).

"Service-disabled veteran-owned small business concem"

( I ) Means a small business concern-

(i) Not less than 5l percent of which is owned by one or…