RFQ-CRHC24-013.pdf

(i) a. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued.

b. The Indian Health Service/Cheyenne River Health Center intends to award a Firm Fixed-Price, Non- Personal Services contract, to provide Laundry Services for the Cheyenne River Health Center located in Eagle Butte, South Dakota. All orders may be submitted electronically, facsimile, or hard copy.

(ii) This solicitation is being issued under solicitation number CRHC24-013.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-01, dated 11/14/2023.

(iv) This is a 100% Small Business Set-Aside and the associated NAICS code is 812320 Dry Cleaning and Laundry Services (except Coin-Operated), with a Small Business Size Standard of $8.0 Million, Product Service Code is S209 Housekeeping - Laundry/dry cleaning.

(v) Services purchased through this contract will be Laundry Services for patient care. A list of line items, estimated quantities/units of measure at attached. The “Unit Price” is an all-inclusive cost. All “inclusive cost” is defined to include, but not limited to travel, lodging, per diem, benefits, fuel, freight etc., plus all other costs pertinent to the performance of this contract. The period of performance will be a base year, plus the option to exercise, four-one(1) year option terms.

See Attached Pricing/Cost Schedule.

(vi) Description of Services: Include, but not limited to, continuous Laundry Services, twice a week, required by the attached Performance Work Statement, for the Cheyenne River Health Center, Eagle Butte, South Dakota.

(vii) The period of performance will include one base year, plus the option to exercise four-1 year option years. Delivery and acceptance terms for this order are with the PWS. POP: Base Year: 2/1/2024 – 1/31/2025, OY1: 2/1/2025 – 1/31/2026, OY2: 2/1/2026 – 1/31/2027, OY3: 2/1/2027 – 1/31/2028 &

OY4: 2/1/2028 – 1/31/2029.

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023), applies to this acquisition. Quotes shall be submitted on company letterhead stationary, signed and dated; it shall include, at a minimum;

1. Solicitation number CRHC24-013

2. Closing Date: January 4, 2024 at 1:00pm MST

3. Name, address, telephone number of the offeror and email address of the contact person

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements in the solicitation.

5. Terms of any express warranty

6. Price and any discount terms

7. “Remit to” address, if different than mailing address

8. A completed copy of the representations and certifications at FAR 52.212-3

9. Acknowledgement of Solicitation Amendments, if issued http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1579_222340

10. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Quotes shall also include the following to be considered acceptable.

1. Price/Cost Schedule.

2. Offeror Representations and Certifications

(ix) The clause at 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021) applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The basis for award will be based on “Lowest Price Technically Acceptable”.

(x) Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Sept 2023), with its offer. The offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov

(xi) The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023), applies to this acquisition. See attachment for full text.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (Nov 2023) – See attachment for full text.

(xiii) Any additional contract requirement(s) or terms and conditions are determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices (i.e.

warranty requirements, HHSAR, etc..) are attached.

(xiv) N/A

(xv) Offerors are due on January 4, 2024 by 1:00 PM MST, and can be mailed, e-mailed or fax to:

Cheyenne River Health Center Attn: Stephanie Red Elk, COR 24276 166th Street PO Box 1012 Eagle Butte, South Dakota 57625 Fax: 605/964-7737 Email: Stephanie.RedElk@ihs.gov

Questions in reference to this solicitation shall be submitted to the email address listed above. The last day to submit questions is December 18, 2023 at 1:00pm MST. No questions will be answered after this date/time. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective vendors through a solicitation amendment.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060530 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1657_236576 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1974_281919 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2174_322700 mailto:Stephanie.RedElk@ihs.gov

(xvi) Points Of Contacts: Danielle Chasing Hawk, Supervisory Contract Specialist, Danielle.ChasingHawk@ihg.gov, 605/964-0605 or Stephanie Red Elk, COR, Stephanie.RedElk@ihs.gov, 605/964-0507,

(xvii) Contractor will need a UIE number, TIN number, and be active & registered in SAM at www.sam.gov. No contract award shall be made to any vendor or provider listed on the OIG Exclusion List http://exclusions.oig.hhs.gov throughout the duration of the contract. It shall be the responsibility of the contractor to notify the acquisition official if there is a change in provider.

mailto:Danielle.ChasingHawk@ihg.gov mailto:Stephanie.RedElk@ihs.gov http://www.sam.gov/

Request for Proposals

CRHC24-013

SERVICES AND PRICES/COSTS

(Fixed-Price, Services, Commercial Items)

Firm Fixed Price, Non-Personal Services, contract, to provide Laundry Services, for the Cheyenne River Health Center, located in Eagle Butte, South Dakota. The Period of Performance will be a base year and four 1-year option years.

Base Year: 2/1/2024 – 1/31/2025.

Item No

Descript of Service Estimated Qty

Unit Unit Price Total Amount

1. Rough Work 20,063 lbs X =

2. Flat Work 2,859 lbs X =

3. Finish Work 2,497 lbs X =

4. Trip Fuel (52 weeks x 2 trips a week)

104 ea X =

Total: =

Option Year One(1): 2/1/2025 – 1/31/2026.

Item No

Descript of Service Estimated Qty

Unit Unit Price Total Amount

5. Rough Work 20,063 lbs X =

6. Flat Work 2,859 lbs X =

7. Finish Work 2,497 lbs X =

8. Trip Fuel (52 weeks x 2 trips a week)

Option Year Two(2): 2/1/2026 – 1/31/2027.

No

Descript of Service Estimated Qty

Unit Unit Price Total Amount

9. Rough Work 20,063 lbs X =

10. Flat Work 2,859 lbs X =

11. Finish Work 2,497 lbs X =

12. Trip Fuel (52 weeks x 2 trips a week)

Request for Proposals

CRHC24-013

Option Year Three(3): 2/1/2027 – 1/31/2028.

No

Descript of Service Estimated Qty

Unit Unit Price Total Amount

13. Rough Work 20,063 lbs X =

14. Flat Work 2,859 lbs X =

15. Finish Work 2,497 lbs X =

16. Trip Fuel (52 weeks x 2 trips a week)

Option Year Four(4): 2/1/2028 – 1/31/2029.

No

Descript of Service Estimated Qty

Unit Unit Price Total Amount

17. Rough Work 20,063 lbs X =

18. Flat Work 2,859 lbs X =

19. Finish Work 2,497 lbs X =

20. Trip Fuel (52 weeks x 2 trips a week)

AGGREGRATED TOTALS

TOTALS

1. Base Year $

2. Option Year One (1) $

3. Option Year Two (2) $

4. Option Year Three (3) $

5. Option Year Four (4) $

AGGREGRATED TOTAL: $

Cheyenne River Health Center Laundry Service

Performance Work Statement (PWS)

100 General and Specific Requirements:

110 Scope of Work-Purpose of Contract:

The services specified in the Specifications shall be performed by the Contractor for the Cheyenne River Health Center (CRHC) – Indian Hospital Service (IHS), Eagle Butte, SD in accordance with the requirements of the specification. The Period of Performance is Base + 4 Option Years. THE VENDOR is required to pick up and deliver twice a week. Award of this contract shall be made to a Vendor for services that includes: the collection and delivery of laundry, proper cleaning, disinfecting, ironing, and folding of laundry, and effective inventory control.

110.0 Period of Performance:

Base Year: February 1, 2024 – January 31, 2025 Option Year 1: February 1, 2025 – January 31, 2026 Option Year 2: February 1, 2026 – January 31, 2027 Option Year 3: February 1, 2027 – January 31, 2028 Option Year 4: February 1, 2028 – January 31, 2029

120 General requirements:

120.1 Supervision of Employees:

Prior to commencement of services under this contract, the Contractor shall furnish to the Environmental Services (EVS) Supervisor, Infection Control Preventionist (ICP) or COR Representative a list of employees they propose to use in the performance of the on-site work required under this contract and designate the on-site EVS Supervisor who will be responsible for the supervision of such employees.

The EVS Supervisor shall:

A. Be the contractor's primary on-site representative having the Contractor's full authority to act on matters pertaining to the performance of services required under this contract.

B. Ensure the AU required reports, as specified herein, are submitted to the

Government on time;

C. Notify the COR of any major work scheduled to be performed during the upcoming work shift or work week. (Major work for the purposes of this paragraph is defined as work, which is to be performed on a quarterly, semi-annually, or annual frequency.);

D. Report damage to Government property, loss of keys, personal injuries, and/or hazardous conditions to the EVS Supervisor within twelve (12) working hours after such occurrence.

120.2 Responsibility of Performance:

The Contractor shall be directly responsible for all work performance specified in the contract. The Contractor shall always provide adequate supervision for the work which their employees are performing to ensure its complete and satisfactory performance in accordance with the terms of the contract. Any working group assigned to any area shall have adequate supervision

120.3 Contractors' Quality Control

The Contractor shall establish a quality control program to incorporate an inspection system covering all the services to be performed under the contract. It must specify areas to be inspected on either a schedule or unscheduled basis and the title of the individual(s) who will do the inspections. In addition, the quality control program shall address a method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable. The Contractor shall maintain a file for all inspections conducted and of all corrective actions to be taken. This document shall be made available to the COR upon request.

120.4 Lost and Found Property:

The Contractor shall ensure that all articles of possible personal or monetary value found by the Contractor's employees on the premises of this installation are turned over to the EVS Supervisor or COR. At the time of their discovery, such items shall be tagged to identify the location at which they were found.

130 Conduct of Contractor Employees:

Contractor personnel shall comply with the installation's traffic laws and other regulations and instructions pertaining to conduct of person on Government facilities. Contractor personnel shall not in any event, enter any area to which access is restricted, unless specifically authorized in writing by the COR. The Contractor shall place their employees on notice that infraction of any of the above rules, regulations or prohibitions may be ground for dismissal.

140 Contractor Furnished Items:

Unless otherwise specified herein, the Contractor shall furnish all washing machines, dryers, detergents, ironing equipment, disinfectant, and other items required for the proper performance of the work called for by this contract. The materials furnished by the Contractor shall confirm with applicable Federal Specifications and shall be approved for use by the COR. No hazardous materials may be brought into the facility without the written consent of the COR.

140.1 The Contractor shall furnish necessary transport, complete fuel, insurance, laundry carts, and necessary components required to pick up and deliver laundry to the CRHC - IHS, Eagle Butte, South Dakota. The vehicle utilized for transport shall meet all OSHA regulations.

140.2 All necessary equipment such as washers and dryers shall be furnished by the

Contractor and shall conform to applicable OSHA requirements. Equipment deemed by the COR to be of improper type of design or inadequate for the purpose intended shall be removed from the premises and replaced with satisfactory equipment. It shall be the responsibility of the Contactor to maintain the equipment in an operable and safe condition.

140.3 All employees operating Contractor's equipment entering the parking lot or public streets shall possess a valid driver's license.

150.1 Performance Location(s):

The Contractor shall perform as directed herein in accordance with the frequencies for laundry services for the CRHC - IHS Eagle Butte, South Dakota.

150.2 Government Furnished Property and Services: Not Applicable.

150.3 Laundry Services:

Laundering will be done in accordance with accepted standards of The Joint Commission (TJC) and the Center of Medicare & Medicaid Services (CMS) depending upon the Accreditation status of the receiving facility. AU certifications and a Business License required by the State of South Dakota should be available on file at the Contractor's place of Business.

150.4 Environmental Quality:

All Laundry facilities and vehicles should consider constructions of interior finishes which are smooth and easily cleanable. The interior of the laundry should be thoroughly cleaned daily. An appropriately sized janitorial closet should be provided. Toilet facilities should be provided and located within or immediately adjacent to, the laundry. Appropriate OSHA standards should be met by the laundry facilities.

150.5 Contractors’ facilities - Sanitation Inspections:

A. Award of items on this invitation for bid shall be made only to a bidder whose facilities at which such items are to be processed have been inspected or otherwise meet the requirements of the IHS Office of Environmental Health.

B. The Government reserves the right to have the contractor's facilities inspected at all reasonable times during the performance of this contract. If an inspection reveals the existence of unsanitary conditions, the contractor shall be requested in writing by the EVS Supervisor, ICP or COR to correct such conditions.

C. Refusal to correct unsanitary conditions shall constitute sufficient cause for the

Government to terminate this contact immediately in accordance with clause entitled (default) and within ten (10) days for the correcting of the condition.

200 Technical Requirements:

200.1 Services performed under this contract shall be subject to inspection and approval by the EVS Supervisor, ICP or COR. This section outlines the minimum standards of performance.

200.2 Collection and Deliveries:

Collections and deliveries are required at least twice per week. They shall be made on Tuesday and Friday of each week, prior to 12:00 p.m. MST, unless previously arranged with the EVS Supervisor.

A. Collections shall be picked up by the laundry contractor/representative in separate lots, and shall be receipted by the contract at the time of collection.

The vehicle shall transport dirty laundry to the laundry facility and shall be cleaned and sterilized with a 50-ppm chlorine solution prior to placement of clean laundry into the vehicle for return transport. Clean laundry will never be transported in the same vehicle as dirty laundry.

B. Deliveries will be made directly to the hospital by the contractor in closed laundry vehicle. Deliveries by commercial conveyance are not acceptable. AU rough and flat work shall be packed (by type of garment and item) in clear plastic wrapping and sealed by beat of pressure methods and handled in such a manner as to prevent contamination.

C. Contractor must use the parking lot of the lower level of the CRHC - lHS, Eagle

Butte, SD. Upon entering, the contractor must sign in on the sheet located at the EVS Supervisor office to document that they made a delivery on this day.

200.3 Test piece Analysis:

A. All washing procedures shall be subject to Laboratory Report of Test Piece Analysis when requested by the Contractor.

B. Tensile strength and whiteness retention measurement of test pieces shall be determined based on (20) washings in accordance with methods of American Institute of Laundering.

C. The washing procedures shall meet the following standards of tensile. Strength loss and whiteness retention.

Tensile Strength Loss: A - not over 5% - Excellent B - 6% to 10% - Good

Whiteness Retention: A - 95% or higher - Excellent B - 92% to 96% - Good

Processing Laundry Procedures: The following procedures are outlined in processing commercial laundry white formula to assure maximum sterilization a separate linen processing should be provided. Processing equipment should be provided. Processing equipment should be arranged so that linen flows from souled to clean, e.g., sorting area, washing, extracting, drying, ironing, folding, storage, etc.

Basic processing steps should include the following components per the Centers of Disease Control and Prevention:

1. Initial Flush:

A cool water flush, or split (half cold and half hot water), shall be utilized initially to prevent setting of certain stains. The laundry shall be soaked as needed to yield the desired stain- free results.

2. Main Wash:

The antimicrobial action results from mechanical, thermal, and chemical factors.

Dilution and agitation result in removal of microorganisms while detergents create a suspension for soils and provide some microbiocidal properties a temperature of at least 160 Fahrenheit for a minimum of 25 minutes is recommended.

3. Bleaching:

A total available chlorine residual of 50 – 150 ppm is usually achieved during this cycle. Chlorine bleach becomes activated at water temperatures of 135 – 145 Fahrenheit.

4. Rinsing:

High temperatures rinsing (165 degrees Fahrenheit to 170 degrees Fahrenheit) normally follows the sudsing stages.

5. Souring:

A sour shall be added after the final rinse to remove traces of detergent. The sour abruptly reduces the pH from about 5.0 and thus inactivates some microorganisms.

6. Fluff drying:

Twenty minutes at 165 degrees Fahrenheit

200.4 Ironing and folding:

Ironing shall be performed by a laundry press or a flat-work ironer of approximately 100 pounds steam pressure or 130 degrees Fahrenheit to significantly reduce the number of micro- organism.

200.5 Clean linen storage:

Final folding and storage should be accomplished in an area which is separate from dirty laundry and which has been sanitized with a 50-ppm chlorine solution. Hand washing facilities should be provided in this area. Items stored should be preferably be placed in enclosed carts or on covered linen shelves. A sewing and repair operation may be included in this area.

200.6 Infection Control:

Hospital laundry shall be processed separately from other customer laundry as a separate lot, all uniforms shall be washed separately. As the laundry progresses through the various stages it shall be kept separate from preceding stage. Reviving and sorting, laundering, finishing, and storing.

300 Inspection by the Government:

To assure compliance with all contract specifications, terms, and conditions, and to perform those services as provided for under the "Inspection and Acceptance" clause of the General Provisions, the Government has assigned to this contract a EVS Supervisor and a COR member. The COR will, on random basis, review the performance of services under the contract; check and report to the EVS Supervisor progress in accordance with the Contractor's submitted work schedules; receive, check, and verify complaints related alleged Contractor non-compliance with specifications requirements.

400 Additional Alternatives to the Government

In the event the Contractor, for any reason whatsoever, fails to perform a task, the Government reserves the right to:

A. Obtain performance of the deficient task from other source. The cost of such performance, and any other additional costs to the Government incurred as the result of such action shall be charged to the Contractor; or

B. At the discretion of the EVS Supervisor and/or ICP, to terminate the contract upon ten (10) days' notice in writing to the Contractor.

400.1 Procedure for Adjusting Payments to Contractor when Deductions are required:

Payment for the first month will be made at the amount as agreed on the I.H.S tickets. When laundry is delivered it will be signed and be received by the EVS Supervisor, or the designated representative. All laundry taken on Monday will returned on Thursday. All laundry taken on Thursday will be returned on Monday. The contractor scales will be synchronized to ensure the weight of the cart is accurate prior to the award of this contract for the fiscal year.

400.2 Deduction for Missing Inventory:

In instances where the contract fails to return the same amount of laundry which was picked up from CRHC - IHS at the prior visit, the government shall assess the Contractor charges $2.00 per pound. Such charges shall be deducted against the next invoice amount. All laundry weight shall be examined and verify with signature by the contractor and the government representative. Any discrepancies in laundry weights exceeding 10 pounds per visit shall be addressed by the EVS Supervisor, ICP or COR on the next invoice. The contractor must submit any justification for the missing laundry at the time of submission of the invoice corresponding to the day of service.

Description / Specification / Statement of Work Laundry Classification Chart

ROUGH WORK

1. Bath Towels 6. Baby Blankets

2. Bath Robes 7. Shirts, Infants

3. Blankets 8. Quilted Pads

4. Pajamas 9. Mattress CVR,EVR, Uslin

5. Wash Clothes

FLAT WORK

1. Bed Spread 4. Scrub Gowns

2. Hospital Gowns 5. Sheets

3. Pillow Cases

FINISH WORK

1. Folding and pressing all laundry

2. Packaging each item in separate clear wrapped plastic

*The items may be processed as either rough, dry, or flat work at the discretion of the EVS Supervisor, CRHC, or Chief Executive Officer, CRHC, Eagle Butte, South Dakota.

MATERIALS AND FURNISHING TO BE SUPPLIED BY THE GOVERNMENT

The government will not supply any materials or furnishing for the execution of the laundry services contact. They shall supply all labor, materials, and vehicles necessary to meet the terms of the contract as outlined in the statement of work, to include but not be limited to the following items: contractor shall supply collection and transport the laundry to the place of disposal. The contractor shall supply fuel, labor, insurance, and maintenance for such vehicles.

Invoice Submission:

Invoices shall be submitted through Invoice Processing Platform (IPP).

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

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 will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests” 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).

Contractors are encouraged to register an account with IPP if they have not already done so. If your https://www.ipp.gov/ 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. It will be the responsibility of the contractor to keep active and maintain there SAM.gov account, in order to keep there IPP account active. Payment is sent via E.F.T., through the account registered in SAM.gov.

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

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

The contractor shall submit a signed and approved invoice to request payment through IPP, at least bi-weekly. If services are billed at an hourly rate, invoices will include timesheets, signed off by the department supervisor.

The Contractor shall include the following information on each invoice in accordance with the Prompt Payment Act (5 CFR Part 1315.9(b):

1. Contractor's name;

2. Invoice number and date;

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

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

5. Shipping and payment terms;

6. UEI number and Taxpayer Identifying Number (TIN); and

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

Only actual hours worked must be invoiced for, at the Fixed Rate referenced in the award document(s). The government reserves the right to not use all hours enacted under each task order and will de-obligated excess hours at close-out of the task order.

Mandatory Background/Security Clearance Requirements:

Any contractor, working under a non-personal service contract, who requires access into the facility, shall comply with background/security clearance requirements. The employees of the Contractor or its subcontractors, are subject to a background investigation and shall comply with Section 231 of the Crime Control Act of 1990, P.L. 101-647; and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630. In addition, each person shall also comply with the Privacy Act of 1974 and the HIPPA Act of 1996. Failure to comply with these statutes will result in immediate removal.

Performance of this contract will require access by employees of the Contractor or its subcontractors to facilities or systems controlled by the Indian Health Service (I.H.S.). The Contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each Contractor or subcontractor employee are favorable.

The Contractor, at his discretion, is responsible for completing investigations and background checks for all employees, including sub-contractors and their employees that perform work under this contract at the physical job site. The contractor is responsible for any and all actions of prime mailto:IPPCustomerSupport@fiscal.treasury.gov mailto:ihse-invoicingteam@ihs.gov mailto:ihse-invoicingteam@ihs.gov contractor and sub-contractor employees (at any tier) permitted access to the job site during the performance of work under this contract. The contractor is responsible to ensure all employees’ access is limited to authorized work zones.

The employees of the Contractor or its subcontractors, during their performance on-site will be accompanied by an IHS employee the entire time they are on-site.

The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents. 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).

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.

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

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.

In accordance with Indian Health Service Circular No. 19-05, that all Indian Health Service (IHS) health care providers, including (but not limited to) employees, volunteers, and CONTRACTORS shall review, Chapter 20 – Protecting Children from Sexual Abuse by Health Care Providers (Policy can be found at https://www.ihs.gov/ihm/pc/part-3/p3c20/) and review the training titled, “Child Sexual Abuse Briefing-IHS June 2019 (Training slides are available at Orientation or Contact the Contacting 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.

Mandatory Employee Health Records Requirements:

If the contractor is requiring access to the facility, the contractor will require Employee Health Clearance. Clearance from the Employee Health Coordinator (EHC) needs to be obtained prior to the contractor arriving to the facility, this means all records have been collected and reviewed by the EHC. The EHC will mark the contractor as “Yes” in the Cleared Column of the database when they have been cleared by the EHC in the Onboarding Database.

The required records are:

• Two (2) documented vaccinations of MMR or a titer showing immunity to Mumps, Measles (Rubeola), Rubella

• Three (3) documented vaccinations of hepatitis b or a titer showing immunity to hepatitis B

• Two (2) documented vaccinations of varicella or a titer showing immunity to varicella

• COVID-19: Completed primary series along with most recent bivalent booster vaccine https://www.ihs.gov/ihm/pc/part-3/p3c20/ o Medical and Religious Exemptions may be submitted – will need to be reviewed and approved / disapproved by EHC o Appeals process not valid for contractors, only Federal Employees

• Tdap within the last 10 years

• PPD (purified protein derivative) or QuantiFERON- TB Gold within the last year or chest x-ray within last five (5) years to rule out Tuberculosis o Neither item can expire within contracted time o If contractor were to extend and the PPD/Gold/X-ray were to expire during the extension time frame, the expiring items must be completed and submitted to CRHC prior to extension being signed by CRHC

• Flu vaccine for current Flu Season if contracted between Oct 1 and March 31

• Fit Test within the last year to a mask that CRHC carries.

o Fit test cannot expire within contracted time o If contractor were to extend and the fit test were to expire during the extension time frame, a new fit test must be completed and submitted to CRHC prior to extension being signed by CRHC

Contactors are required to follow any Employee Health or Infection Control mandates given by Indian Health Services (IHS) Headquarters, IHS Great Plain Areas, IHS Cheyenne River Health Center, or the Infection Control Preventionist of CRHC. Listed are examples of mandates that would need to be follow as of 1.24.2023, these mandates are fluid and always changing:

• Mandatory Self Screening for COVID before each shift

• Mandatory masking for all areas of the facility

• Mandatory COVID Bivalent Booster Vaccination

CLAUSES & PROVISIONS INCORPORATED BY REFERENCE

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

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://arnet.gov/far/index.html

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date_______

1. 52.202-1 Definitions Jun 2020

2. 52.203-3 Gratuities Apr 1984

3. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

4. 52.203-17 Contractor Employee Whistleblower Rights and Requirements Nov 2023 To Inform Employees of Whistleblower Rights.

5. 52.204-7 System for Award Management Oct 2018

6. 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

7. 52.204-13 System for Award Management Maintenance Oct 2018

8. 52.204-16 Commercial and Government Entity Code Reporting Aug 2020

9. 52.204-17 Ownership or Control of Offeror Aug 2020

10. 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

11. 52.204-19 Incorporation by Reference of Representation and Certifications Dec 2014

12. 52.212-1 Instructions to Offerors – Commercial Products and Commercial Sept 2023 Services

13. 52.212-4 Contract Terms and Conditions – Commercial Products and Nov 2023 Commercial Services

14. 52.215-5 Facsimile Proposals Oct 1997

15. 52.217-8 Option to Extend Services Nov 1999

16. 52.219-1 Small Business Program Representations Sep 2023

17. 52.222-54 Employment Eligibility Verification May 2022 http://arnet.gov/far/index.html

18. 52.223-6 Drug-Free Workplace May 2001

19. 52.224-1 Privacy Act Notification Apr 1984

20. 52.224-2 Privacy Act Apr 1984

21. 52.232-25 Prompt Payment Jan 2017

22. 52.232-33 Payment by Electronic Funds Transfer – System for Award Oct 2018 Management

23. 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

24. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

25. 52.233-1 Disputes May 2014

26. 52.233-2 Service of Protest Sep 2006

27. 52.237-1 Site Visit Apr 1984

28. 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984

29. 52.237-3 Continuity of Services Jan 1991

30. 52.237-7 Indemnification and Medical Liability Insurance Jan 1997

31. 52.242-13 Bankruptcy July 1995

32. 52.249-2 Termination for Convenience of the Government Apr 2012 (Fixed-Price)

33. 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984

34. 52.253-1 Computer Generated Forms Jan 1991

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

No. FAR Citation Clause Title Clause Date_______

1. 52.204-24 Representation Regarding Certain Telecommunications and Video Nov 2021

Surveillance Service or Equipment

2. 52.209-5 Certification Regarding Responsibility Matters Aug 2020

3. 52.212-2 Evaluation Commercial Products and Commercial Services Nov 2021

4. 52.212-3 Offeror Representation and Certifications Nov 2023

- Commercial Products and Commercial Services

5. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Nov 2023 or Executive Orders – Commercial Products and Commercial Services

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

7. 52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021).

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 Products or Commercial Services. 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—

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.

(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)

52.209-5 Certification Regarding Responsibility Matters (AUG 2020).

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV…