RFQ-21-013.pdf

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

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Non-Personal Service Type, Commercial Item, Purchase Order in response to Request for Quote (RFQ) RFQ-21-013.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-09/10-26-2020.

D. This RFQ is issued as Unrestricted and the associated NAICS Code is 561710, which has a small business standard of $12.0.

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

Complete the attached Price Schedule for:

1. Base Year: January 1, 2021 thru December 31, 2021, totaling $____________.

2. Option Year 1: January 1, 2022 thru December 31, 2022, totaling $____________.

3. Option Year 2: January 1, 2023 thru December 31, 2023, totaling $____________.

4. Option Year 3: January 1, 2024 thru December 31, 2024, totaling $____________.

5. Option Year 4: January 1, 2025 thru December 31, 2025, totaling $____________.

F. To obtain Pest Control Services.

G. Services will be provided at the Fort Yates IHS Hospital, 10 Standing Rock Ave., PO box J, Fort Yates, North Dakota, 58538. The period of performance will be January 1, 2021 thru December 31, 2021; Base plus four (4) Option Years.

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2020).

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

1. Solicitation number RFQ-21-013.

2. Closing Date: November 27 at 12:00 pm CST.

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

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

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 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

9. Acknowledgment of Solicitation Amendments (if any issued)

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

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

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

I. Basis of award is Lowest Price, Technically Acceptable “LPTA” offer. The Government will not use the formal source selection procedures described in FAR part 15. The Government will evaluate quotations utilizing the procedures of FAR 13.106-2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price.

(a) The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.) Meeting the specifications under the “Statement of Work”; 2.) Past Performance; and, 3.) Price.

1.) Each offeror’s technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the Statement of Work. In addition, Contractors shall provide the following in order to be considered technically acceptable:

• Copy of applicators Certification Card or Certificate, Copy of Licenses, bonds and insurance as required by State Law or regulations.

• Proof of Liability Insurance.

• Safety Data Sheet (MSDS) for all chemicals to be used showing approved use in commercial or institutional medical facilities.

2.) Past Performance: The offeror shall provide a list of contracts under which they have performed same or similar services to this RFQ requirement within the last three (3) years. The Government shall assess the offeror’s ability to perform the effort described in the Request for Quote (RFQ). The assessment process will result in an overall technical rating of Acceptable/Non Acceptable or Neutral/Unknown. Offerors with no relevant past or present performance history shall receive the rating “neutral or unknown”, meaning the rating is treated neither favorably nor unfavorably.

3.) Price: The Pricing Schedule must be completed for all line items and all option years and will be evaluated as to completeness and reasonableness. The offeror with the lowest Total Estimated Schedule Price represents the best value for the Government.

(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.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Items (October 2020) See attachment for full text.

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Item (October 2018) – See attachment; in by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Items (October 2020) - See attachment for full text.

M.

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

O. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 email wenda.wright@ihs.gov

Any questions, please submit by November 20, 2020 by 12:00 pm CST. Contractors will need a DUNS number, TIN number, and be registered with www.beta.SAM.

A CONTINUING RESOLUTION, also known as a "CR" is legislation enacted by congress that continues funding for specific ongoing activities if the fiscal year appropriation has not been enacted by the beginning of the fiscal year.

"Due to the Continuing Resolution, funds are presently available through December 11, 2020 (P.L. 116-159). The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond December 11, 2020. If funds are made available to the Contracting Officer for performance beyond the above cited date, the Contractor will receive notification in writing by the Contracting Officer."

http://www.acquisition.gov/ mailto:wenda.wright@ihs.gov

ST A TEMENT OF WORK

Integrated Pest Management Services (Pest Control and Bed Bug Treatment)

Indian Health Service (IHS) Fort Yates Hospital and Cannonball Health Station

A. GENERAL INFORMATION:

1. Title of Project: Integrated Pest Management Services

The Fort Yates Hospital (FYH) has a need for Integrated Pest Management Services (IPMS) that are part of a comprehensive Integrated Pest Management (1PM) Program. 1PM is a process for achieving long term, environmentally sound pest suppression through the use of a wide variety of technological and management practices. Control strategies in an 1PM program extend beyond the application of pesticides to include structural and procedural modifications that reduce the food, water, harborage, and access used by pests. Contractors providing IPMS will be utilized as stated within this Statement of Work. IPMS will be utilized inside and around perimeters of all buildings at the Fort Yates Hospital.

2. Places of Performance:

Fort Yates Hospital, 10 River Road, Fort Yates, ND 58538

3. Square Footage: The estimated square footage of all buildings is square feet. This is an approximate number and breaks down as follows:

a. Fort Yates Hospital: 29,244, includes crawl space

i. Dental: 3,534

ii. Annex: 4,776

iii. Business Office: 800

iv. Property & Supply: 4,320

Buildings requiring IPMS:

a. Fort Yates Hospital: 29,244, includes crawl space

i. Dental: 3,534

ii. Annex: 4,776

iii. Business Office: 800

iv. Property & Supply: 4,320

4. Period of Performance: Base Plus Four (4) Option Years as follows:

Base Year: January 1, 2021 - December 31, 2021 Option Year #1: January 1, 2022 - December 31, 2022 Option Year #2: January 1, 2023 - December 31, 2023 Option Year #3: January 1, 2024 - December 31, 2024

Option Year #4: January 1, 2025 - December 31, 2025

5. Type of Contract: Firm Fixed Price

6. Days and Hours of Operation: The FYH business days and hours are Monday through

Friday 8:00 am- 4:30 pm, Central Standard Time, excluding Federal Holidays. Federal

Holidays are New Year's Day, Martin Luther King Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and

Christmas Day.

7. Contractor Qualifications:

a. The Contractor MUST submit documentation showing they are a certified Pest Control Company with licensed employees, as required within the State of North Dakota to perform pest control services.

b. Contractor shall provide the name of three (3) references from commercial entities.

c. Contractor shall provide a copy of licenses, bonds and insurance, as required by State law or regulations.

8. Basis of Award: Award will be made to the Lowest Price Technically Acceptable (L TPA) contractor meeting the contractor qualifications stated above.

B. PEST CONTROL GENERAL REQUIREMENTS:

1. The Contractor shall furnish all supervision, labor, materials, and equipment necessary to accomplish the surveillance, trapping, treatment, pesticide application, and pest removal components of the 1PM Program. The Contractor shall provide detailed, site-specific recommendations for structural and procedural modifications to aid in pest prevention.

2. The Contractor shall meet the performance expectations of the FYH in eradicating and suppressing the following pests:

a. Indoor populations of rats, mice, wasps, cockroaches, ants, flies, spiders, and any other arthropod or common pest.

b. Pests that are located outside of the specific buildings, but within the property boundaries of the buildings including snakes, etc.

3. The Contractor must be able to provide emergency pest control services within 24 hours of notification by telephone or email. Notification will be given during normal business hours of 8:00 a.m. - 4:30 p.m. After normal business hours will be considered as emergency and the Supervisory Maintenance Officer (SMO) will notify the Contractor. Same day treatment includes:

a. Pest emergencies identified in direct patient care or patient living areas.

b. Other pest emergencies as identified by Contracting Officer Representative (COR)

4. The Contractor must provide a document on the visit, to include date of service/treatment, pest identified, building and room number treated, specific chemicals/insecticides used to treat each issue, and any/all preventative maintenance accomplished. This will be supplies to the SMO.

5. Each building must be sprayed with protective outer pesticide around perimeter of building (at minimum of three feet up and three feet out) quarterly or as needed to treat ants.

6. Each facility/building must be equipped with "catch-all" mouse trapping stations at each entrance, which are meant to capture small pests prior to entry into facilities.

7. The IPMS must meet all industry, regulatory, and government requirements and will include a comprehensive program capable of providing the medical facility a safe and healthful environment free of or managed to the satisfaction of the government for all pests to include snakes, rodents, spiders, mosquitoes, flies, wasps, gnats, roaches, and others considered as pests to a Medical Facility.

8. Any product or service that is not specifically identified within this contract or is not included in the fixed price must be properly approved. Any service or product found not to have been properly authorized through this contract or through proper channels will not be paid and the Contractor assumes all losses and responsibilities for unauthorized services and or products that are delivered.

9. The Contractor must be able to provide expert technical advice to the facility and must demonstrate a willingness to provide training to the facility in pest control prevention and control.

C. BED BUG GENERAL REQUIREMENTS:

1. The Contractor must be able to provide full support for bed bug eradication to the satisfaction of the FYH. Contractor must treat bed bugs with a Hydronic Heat Treatment.

Additionally, Contractor must follow up after a heat treatment to ensure complete eradication of bed bugs from affected room/s.

2. The Contractor must have capacity to eradicate bed bug infestations (AS NEEDED) by means of convection heat treatment method.

a. Must be able to furnish and operate Heat Unit(s) and fan(s) equipment to raise room temperature above 120-degree Fahrenheit and hold temperatures at that rate for a minimum of five hours.

b. Must be able to provide heat treatment within 24 hours of notification of positive bed bug sighting. Notification will be given during normal business hours of 8:00 a.m. -

4:30 p.m. Monday - Friday. After normal business hours will be considered as emergency and the SMO will notify the Contractor.

3. If bed bugs are identified in an Outpatient treatment area/waiting room, the FYH will quarantine that area and Contractor will be contacted. Same response time applies as above. The method of treatment for Outpatient areas is typically a chemical spray, unless otherwise recommended by Contractor.

4. The Contractor must notate bed bug treatments in the Pest Sighting Logbook, to include date of service/treatment, building and room number treated. The Contractor must provide a document on the visit, to include date of service/treatment, pest identified, building and room number treated, specific chemicals/insecticides used to treat each issue, and any/all preventative maintenance accomplished. This will be supplies to the SMO.

5. The Contractor must be able to provide expert technical advice to the facility and must demonstrate a willingness to provide training to the facility in bed bug prevention and control.

D. SCHEDULE OF IPMS:

1. Sanitation and Structural Inspection: One (1) scheduled visit per month for each location identified in Section A.2. for the duration of the contract

2. Cockroach Program: One (1) scheduled visit per month for each location identified in Section A.2. for the duration of the contract

3. Rodent Program: One (1) scheduled visit per month for each location identified in Section A.2. for the duration of the contract

4. Ground Program: One (1) scheduled visit per month for each location identified in Section A.2. for the duration of the contract

5. Large Fly Program: One (1) scheduled visit per month for each location identified in Section A.2. for the duration of the contract

6. Bed Bug Program: *Estimated three (3) scheduled visits per year for the duration of the contract

7. Emergency Service Program: *Estimated two (2) scheduled visits per year for the duration of the contract

8. Snake Treatment Program: *Estimated one (1) scheduled visit per year for the duration of the contract (*Estimated: May or may not be needed or may be required for quantities less than or greater than indicated)

E. TASKS/REQUIREMENTS:

1. Inspect the facility identified in Section A.2. on a monthly basis and provide a detailed services report to the COR.

2. Ensure proper communication with the COR regarding use of pesticides.

3. Use integrated Pest Control Approach.

4. Properly and discreetly apply baits, traps, residual, contact and dust insecticides.

5. Use of safe, odorless, non-flammable, tamper proof, non-corrosive, and non-inhalation baits.

6. Service baits and traps monthly or as agreed to by COR.

7. Use glue boards and traps as necessary inside and outside the buildings on campus.

8. Snake treatments will occur as needed.

9. The Contractor will act as the Facility Pest Control Subject Matter Expert and will

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

1.) Meeting the Specifications under the Statement of Work 2.) Past Performanc 3.) Price

Basis of award is Lowest Price, Technically Acceptable “LPTA” quote package. All of the above is required in order to be considered technically acceptable.

(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.

(End of provision) https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399

CLAUSES INCORPORATED BY REFERENCE

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

FAR CITATION: 52.252-1: Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204-7 System for Award Management October 2016

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

3. 52.204-13 System for Award Management Maintenance October 2016

4. 52.204-16 Commercial and Government Entity Code July 2016 Reporting

5. 52.204-18 Commercial and Government Entity Code July 2016 Maintenance

6. 52.204-19 Incorporation by Reference of Representations December 2014 and Certifications

7. 52.212-1 Instructions to Offerors – Commercial Items June 2020

8. 52.212-4 Contract Terms and Conditions – October 2018 Commercial Items

9. 52.217-5 Evaluation of Options July 1990

10. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

11. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

12. 52.237-1 Site Visit April 1984

13. 52.237-2 Protection of Government Buildings, Equipment April 1984 and Vegetation

14. 52.253-1 Computer Generated Forms January 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 October 2020 Telecommunications and Video Surveillance Services or Equipment

2. 52.212-2 Evaluation – Commercial Items (see attached) October 2014

3. 52.212-3 Offeror Representations and Certifications - October 2020 Commercial Items (see attached)

4. 52.212-5 Contract Terms and Conditions Required to October 2020 Implement Statutes or Executive Orders - Commercial Items (see attached)

5. 52.217-5 Evaluation of Options July 1990

6. 52.217-8 Option to Extend Services November 1999

7. 52.217-9 Option to Extend the Term of the Contract March 2000

8. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

9. 52.242-15 Stop-Work Order August 1989

10. 52.252-1 Solicitation Provisions Incorporated by Reference February 1998

11. 52.252-2 Clauses Incorporated by Reference February 1998

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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.

https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 https://www.sam.gov/ factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.217-5 Evaluation of Options.

As prescribed in 17.208(c), insert a provision substantially the same as the following:

Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation and resultant award. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103156 https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103099 to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _30 days____.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 _60 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 _12/31/2025__________ .

(End of clause)

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

As prescribed in 32.706-1(b), insert the following clause:

Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 12/31/2021. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _12/31/2021____, until funds are made available to the Contracting Officer for performance https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175 https://www.acquisition.gov/content/part-32-contract-financing#i1081697 and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.242-15 -- Stop-Work Order.

As prescribed in 42.1305(b), insert the following clause. The “90-day” period stated in the clause may be reduced to less than 90 days.

Stop-Work Order (Aug. 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#TopOfPage

52.252-1 -- Solicitation Provisions Incorporated by Reference.

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

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

[Insert one or more Internet addresses]

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference.

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

Clauses Incorporated by Reference (Feb 1998)

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

(End of Clause)

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

No. HHSAR Citation Clause Title Clause Date______

1. HHSAR 352.226-1 Indian Preference December 2015

2. HHSAR 352.237-70 Pro-Children Act December 2015

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

352.226-1 Indian Preference.

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.

(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77;

25 U.S.C. 1451).

(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.

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

(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.

(End of clause)

352.237-70 Pro-Children Act.

As prescribed in HHSAR 337.103(d)(1), the Contracting Officer shall insert the following clause:

Pro-Children Act (December 18, 2015)

(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of clause)

352.237-71 Crime Control Act—Reporting of Child Abuse.

As prescribed in HHSAR 337.103(d)(2), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Reporting of Child Abuse (December 18, 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-337-service-contracting-general/index.html#337.103 professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1-800-4-A-CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

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

(End of clause)

52.212-3 Offeror Representations and Certifications-Commercial Items.

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

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2020)

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

(a) Definitions. As used in this provision—

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

Economically disadvantaged women-owned small business (EDWOSB) 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.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner 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;

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.sam.gov/…