RFQ-21-002-TRS.docx

SECTION B – CONTINUATION BLOCK OF SF-1449

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This procurement is being conducted under FAR Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and FAR Part 37.101, Non-Personal Services. The Billings Area Indian Health Service (IHS) intends to award a fixed-price contract in response to Request for Quotation (RFQ)-21-002-TRS. The quantities specified in the price schedule are estimates only. This solicitation is issued on an unrestricted basis. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06. The associated North American Industry Classification System code is 562112.

B.1 PRICE SCHEDULE – MEDICAL WASTE REMOVAL; NORTHERN CHEYENNE SERVICE UNIT

Schedule A – Lame Deer Health Clinic, Lame Deer, Montana Pickups will be scheduled on a bi-weekly basis. Estimated weight of medical waste removed from the service location is 6500 lbs. per year. Average number of totes removed for a typical pickup is 30 totes.

CONTRACT LINE ITEM NUMBER (CLIN)

CLIN #1- Base Year

CLIN #2- Option Year One

CLIN #3- Option Year Two

CLIN #4- Option Year Three

CLIN #5- Option Year Four

B.2 PERIOD OF PERFORMANCE

Performance of this order shall be from January 1, 2021 through September 30, 2021, with four 12-month options.

If the Government exercises the options pursuant to Federal Acquisition Regulation (FAR) 52.217-9, Option to Extend the Term of the Contract (MAR 2000) the period of performance shall be extended in accordance with the following schedule:

B.3 PURPOSE/BACKGROUND:

The purpose of this acquisition is to contract for Medical Waste Disposal services for the Lame Deer Health Clinic, Lame Deer, MT. The Northern Cheyenne Service Unit provides a wide range of medical services to members of the Northern Cheyenne Tribe. Being federally owned health care facilities accredited by Accreditation Association for Ambulatory Health Care (AAAHC), there are federal and state requirements for properly disposing of regulated medical waste generated by the Emergency and Dental programs.

B.4 STATEMENT OF WORK:

INTRODUCTION

This Statement of Work defines the effort required for the pickup and disposal services of infectious medical waste at the Northern Cheyenne Service Unit (NCSU) locations. The pickup and disposal services will be utilized for 12 months with four (4) 12-month Option Period. The exact period of performance will be coordinated with the Project Officer.

1. WORK COVERED BY CONTRACT DOCUMENTS

1.1 The Contractor shall be responsible for the removal and disposal of all regulated medical waste generated by the NCSU during the contract period of performance. The pick-up schedule will be on a bi-weekly basis, with 26 pick-ups each contract year.

1.2 The Contractor shall provide an adequate supply of all necessary storage and transportation containers and packaging materials (tubs/bins/totes, red bags), required to fulfill the requirements of the resultant contract, for use in collecting the regulated medical waste by the NCSU staff.

1.3 Quantity will vary of containers collected at location. Historically, the contractor has provided 48-gallon tote containers with lids and liners at each location at the Lame Deer Indian health Clinic.

1.4 Each container will be removed and replaced at time of pick-up. The Housekeeping Supervisor or his/her designee will visually verify all quantities collected and sign the pick-up manifest. Contractor shall use methods that meet all state and federal regulations, including, but not limited to Montana Infectious Waste Management Rules and Laws and OSHA, and any authority having jurisdiction for states where the waste may be transported to, treated in, or disposed in. The contractor shall also be responsible for manifests and reports necessary to remove and dispose of infectious waste in accordance with all local, state, and federal regulations.

2. MAJOR DUTIES

The Contractor shall provide complete pick-up, transportation off-site, destruction and disposal, and manifest documentation of services for regulated medical waste generated at the NCSU.

2.1 REQUIRED METHOD OF DISPOSAL: Regulated medical waste disposed of at the IHS facility will contain certain amounts of anatomical remains. All regulated medical waste disposed of under the terms of this contract shall be accomplished in accordance with current AAAHC Infectious Waste Management Regulations.

2.2 COMPLIANCE WITH ESTABLISHED REGULATORY REQUIREMENTS: The Contractor shall be subject to quality assurance standards that must meet or exceed current recognized national standards as established by the AAAHC. The Contractor shall perform services in accordance with principles and ethics established by AAAHC, Occupational Safety and Health Administration (OSHA) regulations, and the policies, procedures, and regulations of the IHS or any other regulation required for off-site disposal of regulated medical waste. The Contractor shall also perform in strict accordance with State regulations governing the handling, storage, transportation, destruction, and disposal and documentation of regulated medical waste. Additionally, the successful offeror shall fully comply with all United States Environmental Protection Agency (USEPA) federal regulations. No regulated medical waste treated or untreated, resulting from this contract may leave the United States in any form or fashion. The Contractor is liable for any and all expenses related to non-compliance issues. The Contractor shall also be responsible for full compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, (42 CFR Parts 160 and 164). The Contractor shall handle all regulated medical waste in such a manner that guards the privacy of the patients of the IHS and guarantees all containers are locked to prevent spillage of contents and shall not be opened until destruction. The Contractor shall confirm that all employees have been trained and certified in the protection of privacy of any information contained on/in the items submitted for destruction under the terms and conditions of the resulting contract.

2.3 TYPES OF WASTE COVERED: The following listing specifies the most common types of medical waste, including regulated medical waste, which may be disposed of under the terms of this contract. The Government reserves the right to identify other types of waste to be disposed of under the terms of this contract. (i) Blood and Blood Products; (ii) Human Tissues; (iii) Biologicals and Pharmaceuticals; (iv) Laboratory Specimens; (v) Needles, Syringes, and other Sharps; (vi) Pathology Samples; (vii) Isolation Waste; (viii) Cultures and Slides; (ix) Intravenous bags, and associated tubing; (x) Packaging Materials, Gloves and Gowns Associated with Waste Collection; and (xi) Body Fluids and Excretions.

2.4 HANDLING AND LOADING OF VEHICLE: Currently, all medical waste is stored in Room 1801 at the lame Deer Indian Health Center. Handling and loading of vehicle shall be in strict compliance with current practices and regulations. Offerors may propose methods, which shall be subject to the Government's approval. The method proposed shall address the logistics and any additional costs to the Government that may be incurred to facilitate such. From the time that waste is received from the Northern Cheyenne Service Unit, IHS and any spills, damage to containers, or environmental contamination or damage caused by regulated medical waste collected shall be cleaned, repaired or corrected at the expense of the contractor.

2.5 DESTRUCTION FACILITIES: The Contractor shall destroy all waste accepted for disposal under the terms of this contract. The Contractor shall certify in writing that the destruction facilities of regulated medical waste are operated in compliance with and comply with all Federal, State, and local regulations which govern the destruction of regulated medical waste and the operation of destruction facilities or any other regulations required for pick-up and off-site disposal of regulated medical waste. All proposed facilities to be used by the contractor or any of its subcontractors to store, transport, transfer, and destroy regulated medical waste shall be identified by name and location to the Contracting Officer (CO). All proposed facilities and subcontractors are subject to review and approval by the Northern Cheyenne Service Unit prior to use by the Contractor. These facilities shall be available for inspection by authorized representatives of Northern Cheyenne Service Unit, IHS upon twenty-four (24) hour notice. The Contractor shall provide written documentation that all facilities and subcontractors who store, transport, transfer and destroy regulated medical waste are in compliance with Federal, State and local regulations. The documentation shall be submitted with the price proposal and shall be subject to IHS approval.

2.6 DOCUMENTATION: The Contractor shall observe all Federal, State, and local laws, or any other regulations and procedures relative to the collection, transport, handling, storage, destruction, disposal, tracking, recordkeeping, manifesting, and documenting of the handling of regulated medical waste when providing regulated medical waste removal services, and shall provide written certification, acceptable to the Government, of such compliance. The Contractor shall provide all required manifest documents to the Contract Officer Representative (COR), Northern Cheyenne Service Unit, IHS, 420 North Cheyenne Avenue, Lame Deer, MT 59043. The Contractor shall fill out all portions of such documents, which apply to the activities of the Contractor and of any subcontractors under the contract. The Contractor shall document, with proper manifests, the safe shipment and proper destruction of any regulated medical waste collected. An authorized IHS employee at the facility shall sign any official manifest prior to removal of waste to verify that waste was shipped for disposal. A list of authorized IHS employees will be provided to the awarded Contractor. No manifest shall be accepted as valid if not signed by an authorized representative of the Northern Cheyenne Service Unit, IHS and a copy delivered to the COR. The Contractor shall return a copy of the certificate of destruction directly to the COR within fifteen calendar days of shipment of regulated medical waste for disposal. The certificate of destruction shall clearly indicate that all manifested, regulated medical waste was destroyed, and shall specify the site of destruction, the identity of the operation utilized for destruction, and USEPA and State permit numbers and the disposition site of the residue. The Contractor shall certify that residuals are disposed of in accordance with Federal and State laws, regulations and procedures.

2.7 LICENSES AND PERMITS: The Contractor, without additional cost to the Government, shall provide and maintain all Licenses, Permits, Vehicles, Operators, and Labor to remove regulated medical waste from the Northern Cheyenne Service Unit locations in accordance with these requirements, all applicable specifications, and all applicable Federal, State, Municipal, and local regulations. Copies of all current licenses and permits shall be submitted with the price proposal. Failure to submit current licenses and permits could result in rejection of proposal.

2.8 WEIGHING FACILITIES: The Contractor shall provide and maintain equipment on its trucks or at the IHS facilities to be used for the purpose of obtaining accurate measurements of the weight of each container collected. The Government shall have the right to approve and inspect all such equipment. The Contractor shall provide documentation supporting/demonstrating equipment is tested at least annually for accuracy, properly maintained, calibrated and operated. Credit will be provided to the Government whenever it is determined that over charges resulted from defective weighing equipment.

2.9 CONTINGENCY PLAN: The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract whenever regulated medical waste cannot be handled by or at the primary transportation or processing facilities due to interruption of service or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan as well as alternate contingency plans at no additional expense to the Government. Written documentation shall be made available to the Government that the contingency plan is in accordance with all Federal, State, Municipal and local specifications and regulations for the transportation, storage and disposal of regulated medical waste.

2.10 TITLE/PLACARDS: Title to all regulated medical waste removed by the Contractor shall pass from the Government to the Contractor upon receipt of such regulated medical waste. Each vehicle/truck used for this contract shall be placarded in accordance with DOT regulations.

2.11 WORK HOURS: The Contractor shall provide services covered by this contract as defined herein. The Contractor shall not be required, except in case of emergency, to furnish such services on a federal holiday or during off duty as described below. The following terms have the following meaning: (a) Normal Work Hours: Monday through Friday, 8:00 AM to 5:00 PM, excluding Holidays. (b) Federal Holidays: The federal holidays observed by the Federal Government are: New Year’s Day; Martin Luther King, Jr.’s Birthday; Presidents Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving; and Christmas Day. When one of the holidays falls on Sunday, the following Monday shall be observed as a federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a federal holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a federal holiday. The contractor shall collect the regulated medical waste at precisely 2-week intervals on the same day of the week. (i.e. if the pickup day is Monday, then every pick up thereafter shall be on a Monday).

2.12 SERVICE REQUESTS: Contractor shall only respond to requests for service from the Contracting Officer or COR. If service is requested from any other source, the Contractor is to advise the caller of the requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government.

2.13 INSURANCE COVERAGE: FAR 28.307-2(a): The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General liability: $500,000 per occurrence.

3. CONTRACTING OFFICER AUTHORITY:

Authority to negotiate changes in the terms, conditions or amounts cited in this contract is reserved for the Contracting Officer.

4. CONTRACTING OFFICER'S REPRESENTATIVE (COR):

The COR will be designated at the time of award. The COR shall be responsible for: (1) Monitoring the Contractor's technical progress, including surveillance and assessment of performance and recommending technical changes; (2) Interpreting the Statement of Work; (3) Technical evaluation as required; (4) Technical inspections and acceptance; and (5) Assisting the Contractor in the resolution of technical problems encountered during performance of this contract.

5. INVOICE SUBMISSION AND PAYMENT:

The Contractor shall submit its invoice to:

Northern Cheyenne Service Unit, IHS, 420 North Cheyenne Avenue, Lame Deer, MT 59043. A courtesy copy shall be mailed to the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

The Contractor agrees to include the following information on each invoice: (1) Contractor’s name and address; (2) Contact name, title, and telephone number; (3) Contract Number; (4) Invoice number and date; (5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; (6) Remit to Address; (7) Taxpayer Identification Number (Employer Identification Number or Social Security Number).

Payments shall be made in arrears by the Billings Area Financial Management Branch, P.O. Box 36600, Billings, Montana 59107.

6. SPECIAL CONTRACT REQUIREMENTS

The contractor shall comply with IHS facility infection control and safety procedures, practices, and standards

7. CONTRACTOR INFORMATION

Contractor Must Complete the Following Tax ID:_______________ CAGE:________________ DUNS:_______________ Point of Contact:

Name:_______________________________________ Phone: ______________________________________ Email: ______________________________________

SECTION C – CONTRACT CLAUSES

C. 1 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 address:

https://www.acquisition.gov/

Certifications

and Vegetation

Government (Services)(Short Form)

C. 2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 60 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C. 3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years.

(End of Clause)

Opportunity Investigations

C. 5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D. 1 PRICE SCHEDULE WORKSHEET

Offeror shall complete the attached Price Schedule Worksheet of this RFQ. Offeror shall only modify those sections which are shaded YELLOW; all other fields are to remain unaltered. Any alteration of the fields not shaded in YELLOW will render the quote unacceptable and the quote shall be rejected.

D. 2 WD: 1996-0223 REVISION NO. 48 (02/25/2020)

See Attachment

SECTION E – SOLICITATION PROVISIONS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

E. 1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

Federal Law

E. 2 52.212-2 EVALUATION FACTORS 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 Government, price and other factors considered. The following factor shall be used to evaluate offers: Lowest Price Technically Acceptable of proposals meeting or exceeding the acceptability standards.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished 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.

EVALUATION APPROACH: The content of the written quotations, as well as information derived from discussions/negotiations, if discussions are held, will be evaluated to determine the degree and extent to which the requirements and objectives set forth in the solicitation are satisfied. No assumption will be made by Government evaluators regarding areas not defined in the offeror's written material/information provided to the Government for evaluation.

EVAULATION METHODOLOGY: A team of Government personnel will evaluate the quotations. The quotations will be evaluated in accordance with the aforementioned factor. Any quotation that is unrealistic, in terms of technical approach, schedule commitments, and or costs (high or low) will be deemed unacceptable.

BASIS FOR AWARD: Selection of the successful offeror will be made based on the evaluation criteria. The quotations will be evaluated and a contract awarded under the lowest price technically acceptable source selection process.

E. 3 PROPOSAL SUBMISSION INSTRUCTIONS

3.1 QUESTIONS

All questions should be emailed to Tanya.Schwab@ihs.gov by December 4, 2020, 3:00 PM MST. The subject line must specify RFQ21002TRS:Questions/your company name. All responses to questions shall be incorporated into a written amendment posted to the beta.SAM.gov Contract Opportunities website (www.beta.sam.gov ) which has replaced FBO.gov. Offerors are encouraged to monitor the beta website with respect to this solicitation because any amendments to this Solicitation will be posted on the website www.beta.sam.gov. There will be no automated email notification of amendments.

3.2 PROPOSAL/OFFER

The Offeror shall submit a proposal that includes Attachment D.1, and a completed copy of FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. Submitting licensing, insurance, must be in the name of the prime contractor and only the prime contractor.

All responsible offerors may submit a proposal, which shall be considered by the Agency. Offers shall be submitted via email to Tanya.Schwab@ihs.gov, no later than 3:00 p.m. MST, on December 15, 2020. The subject line must specify RFQ21002TRS; your company name. Submit proposals as one file. If more than one file is required, please indicate how many attachments are included. File size should be no more than 6 megabytes (MB).

Contractors intending to conduct business with the Federal Government must register with the System for Award Management (SAM). SAM is now the primary Government repository, which retains information on Government contractors. You may register via the Internet at www.sam.gov.

3.3 ACCEPTANCE PERIOD

Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 90 days from the date of receipt by the Government.

E. 4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)

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 (u)) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 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 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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 of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited 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.

“Inverted 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 of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, 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 of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished 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 production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the 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 of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) 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 Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business…