RFQ-21-092 BH Conference and Training.pdf

Great Plains Area Indian Health Service Division of Behavioral Health

STATEMENT OF WORK

1. Project Title: Annual Behavioral Health Conference and Training Session

2. Task Order Project Officer: Bobbi Jo Peltier, Great Plains Area Behavioral Health

3. Task Order COR: Darla McCloskey, DDU Winnebago, Nebraska

4. Proposed Contractor: Competitive Task Order

5. Period of Performance: Conference to be held from September 21-23, 2021

WITH THREE ADD’L OPTION YEARS

6. Special Approvals and Clearances: N/A

7. Purpose of Contract:

The purpose of this contract is to develop, implement, and execute the annual Behavioral Health Training Conference, by developing an agenda, reserving a virtual venue for conference location and attendee lodging, disseminating information to potential attendees, and securing presenters who will provide information and training on specific behavioral health related modalities geared towards assisting all staff in obtaining the necessary continuing education requirements to maintain licensure. The selected vendor, as the conference facilitator, will need to ensure that all presenters are culturally competent, in regards to the diverse needs of the American Indian populations, residing within the Great Plains Area. Due to Covid-19 and Federal travel restrictions the conference will be held virtually on September 21-23, 2021. In option years this will be a hybrid conference that will be held both virtually and in person at a one of three rotating locations (Sioux Falls, SD, Bismarck, ND or Aberdeen SD)

8. Background:

The Great Plains Area (GPA) Indian Health Service (IHS) Division of Behavioral Health’s mission is to provide the highest quality behavioral healthcare services to the patients of the Great Plains Area. The GPA Behavioral Health substance abuse and mental health programs provide services to approximately 120,000 active American Indian patients. Services provided include mental health and substance abuse treatment, prevention, intervention and education. It is imperative behavioral health providers remain informed of new treatment models, prevention efforts, and counseling techniques in order to meet the demands of the clients/patients they serve, as well as maintain professional credentials for licensing/certification purposes. In order to meet the mission of the Great Plains Area Division of Behavioral Health (GPADBH), it is essential to hold a training conference, of which behavioral health providers and staff will attend to obtain necessary education to continue providing high quality behavioral healthcare services, and complete the required continuing education units to meet licensing/certification requirements. The Great Plains Area Division of Behavioral Health identified a need for a Firm Fixed Price, Best Value, and Non-Personal Service Contract for an organization to plan and execute a Behavioral Health Conference.

9. Section 508 Requirements

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services.

10. Public Affairs Clearances

Any printing product produced under this contract shall be submitted by the Project Officer to the Office of Public Affairs for clearance using form HHS-615 (to be completed by contractor).

11. Printing

Printing shall be performed, or arranged for, by the contractor.

11. Government Furnished Information: The Government will furnish information necessary to fulfill this contract, such as source data and all necessary specifications for databases covered under this activity.

12. Government Furnished Property: None

13. Rights in Data: The Government retains all rights to all data and reports compiled as a result of this task order.

Information furnished to or generated by the Contractor in the performance of this task order shall NOT be released to the public by the Contractor without the prior approval of the task order project monitor.

14. Deliverables and Delivery Schedule: See Attachment A

15. Qualifications, Education and Experience of Key Personnel: See Attachment B

16. Period of Performance: The conference will be held for three days, on September 21-23, 2021. If a longer time period is required, due to planning issues beyond the control of the vendor, the Great Plains Area Behavioral Health program will evaluate the need for an extension at that time.

Please provide a copy of the invoice to:

Great Plains Area Indian Health Service Division of Behavioral Health ATTN: Bobbi Jo Peltier, M.S 115 4th Ave SE Aberdeen, SD 57401 BobbiJo.Peltier@ihs.gov

Tasks

Task 1: Regional Conference

Task 1.1 Meetings with the contractor

The contractor shall meet in person with the Project Officer (PO) within ten (10) working days after issuance of the Task Order. In addition to monthly updates (via conference call), a mid-project review (via conference call) will also be held with the contractor. For the month before the Regional Conference is held, meetings may be held on a weekly basis.

Task 1.2 Conference Webpage

The contractor shall develop and launch a conference webpage for posting of conference information.

The contractor shall provide graphic designs for the webpage and signage upon the recommendation of the Project Officer.

Task 1.3 Virtual Platform

For the regional virtual portion of the conference, the contractor shall provide a high quality virtual event Learning platform for a period for no less than three days. The number of participants is Estimated to be 175-250 people. The contractor will ensure that the learning platform provides onboarding and support to the speakers and Project Officer from the start to the end of the event.

• Teach/Train speakers how to use online platform no less than 2 weeks prior to event

• Customize virtual platform to IHS/Tribal/Urban programs

• Provide live support the day(s) of the event which will include:

Ensuring webinars are starting on time and correctly Providing platform support to presenters in real time Responding to attendee support tickets in real time Recording of each session Assist with audio and video checks before each session begins Support and training on how to use chats

Task 1.4 Facilities and Space Logistics (Regional In Person)

For the Regional In person portion of the Conference, the contractor shall locate hotel space in the area for the period of three days. The contractor will budget for the fees associated with the space rental for the conference. The number of participants is estimated to be 175 to 250 people. The facilities and space requirements for this two and one-half-day conference will be:

• Meeting room with seating for between 175 to 250 people seated in rounds;

• Approximately four breakout rooms with classroom-style seating;

• 80 sleeping rooms, or as many as the contractor deems necessary based on attrition rates and experience; lodging rate needs to be at or below the federal lodging and per diem allowances

• Space reserved in a large meeting room or hall for exhibitors, with eight exhibit tables at six feet each, with chair and a wastebasket for each table.

• The contractor will ensure that the facility accepts tribal checks and/or purchase orders from conference participants.

• On site restaurant

Subtask 1.4a

• The contractor shall make arrangements for use, as necessary, audio-visual (A/V) equipment in the main meeting room, including: microphones, laptops, screens, projectors and an internet connection.

No A/V equipment is required for exhibitor space.

• The contractor will arrange for a method of recording the hour-long listening session.

• The breakout rooms will require for each session one flipchart with markers, one microphone, one laptop, one screen and one projector and an internet connection.

Subtask 1.4b The contractor shall arrange for pre-conference registration on the internet and a manned registration desk at the conference site. On-site registration will begin on the first day of the conference.

Subtask 1.3c The contractor shall provide on-site assistance during the three day conference to conduct participant and trainer registration, ensure proper room set-up, ensure equipment operation, and provide general on-site support. This will also include any pre conference registrations.

Subtask 1.3d The contractor shall arrange for making any special accommodations required by the participants.

Task 1.5 Making Arrangements for Presenters/Speakers

Special consideration will be given to speakers who have experience and background in Native American Substance abuse, mental health and community wellness issues as related to the Great Plains Area American Indian population. Specific topics that must be addressed are opioid prevention/treatment, suicide Prevention, case management, self harm, ethics in behavioral health, leadership skill building.

Subtask 1.4a The contractor shall make and pay for all travel arrangements for all presenters.

Subtask 1.4b The contractor shall identify and use a mechanism to make timely arrangements for payment of travel and per diem of all presenters.

Task 1.6 Conference Materials

Subtask 1.5a The contractor shall assemble between 175 and 250 meeting packets. Each packet will include approximately twenty pages, front and back, including:

• Agenda for the conference

• Welcome letter/message from the Great Plains Behavioral Health Director

• Background materials

The contractor shall submit to the Project Officer the materials to be printed for approval and review 30 days prior to the conference.

Subtask 1.5b The contractor shall collect speaker presentation materials.

Subtask 1.5c The contractor shall provide each participant with a printed name badge.

Subtask 1.5d The contractor shall provide tent cards for speakers and panelists.

Subtask 1.5e The contractor shall prepare signage for the conference identifying appropriate meeting rooms and registration /information.

Subtask 1.5f The contractor shall develop a conference evaluation tool and disseminate to participants during the conference, and provide a compilation of results to Project Officer within 30 days after the conference.

Subtask 1.5g The contractor will provide a save the date promotional flyer no less than 120 days from the start date of the conference.

Subtask 1.5h The contractor will be responsible for the dissemination of information (promotional flyer, agenda, registration information and online link)

Subtask 1.5i The contractor will provide a digital copies of all presentations and resource materials provided at presentations during the conference.

Subtask 1.5j The contractor will secure continuing education credits, or contact hours, for disciplines of psychologists, counselors, substance abuse professionals, social work, and nurse practitioners, in states of North Dakota, South Dakota, Nebraska, and Iowa. Other professional organizations to be considered for continuing education credits or contact hours include The Association for Addiction Professionals (NAADAC), National Association of Social Workers (NASW), National Board of Certified Counselors, Inc. (NBCC), American Psychologist Association (APA).

Task 1.7 Conference Report

A final list of conference attendees in Microsoft Word format will serve as the final report along with an expenditure report within 30 days after the conference.

Task 2: Information and Communication Management

Task 2.1 Manage existing components of the website for registration (hereinafter referred to as “the site”).

Subtask 2.1a The contractor shall perform any necessary work associated with the transfer of the site from incumbent contractor’s servers to the contractor’s internal servers.

Subtask 2.1b The contractor will post announcements, news and event information on the site on an ongoing basis as directed by the PM.

Subtask 2.1c The contractor will maintain the search engine for the site.

Subtask 2.1d The contractor will maintain the message board on the site.

Subtask 2.1e The contractor will periodically, but at least monthly, remove/archive outdated information on the site.

Subtask 2.1f The contractor will edit the existing .PDF file of the resource manual when requested by PM.

Subtask 2.1g The contractor will update the existing online tutorial (Adobe Flash interface) when requested by PM.

Subtask 2.1hThe contractor will respond to requests for accounts and password resets.

Subtask 2.1i The contractor shall conform with the requirements of the Federal Information Security Management Act (FISMA) of 2002.

Task 2.2 Email and fax communication to participants

Subtask 3.2a The contractor will disseminate information, as requested by the Project Officer, by email or fax (when email is not an option)

Attachment A – List of Deliverables

Deliverables Due Date

Orientation Meeting 10 working days after award

Work plan with timeline and deliverable dates 1 month after award

Project status call Monthly

Mid-project status call 6 months after award

Selection of conference hotel 6 months prior to conference

Conference registration site goes live 90 days prior to conference

All printed materials for national conference to Project Officer 60 days prior to conference

Conference registration list 10 days prior to conference

Conference presenters’ travel arrangements 3 days after receipt of speaking confirmation

Collection of conference speaker presentation materials 2 weeks prior to conference

Payments to conference presenters Within 20 days of conference

Conference participant list and name tags 2 weeks prior to conference

Conference packets 2 weeks prior to conference

Conference report 10 working days after event

Attachment B -- Qualifications, Education and Experience of Key Personnel

The contractor shall demonstrate that the proposed project team possesses the special capabilities and experience required to meet all aspects of the proposal and that is has worked together successfully in the past.

For each of the key personnel listed below, the contractor must show their qualifications and the extent to which the individual meets the professional and experience requirements described in this contract. This can be demonstrated by indicating past experience with similar contracts.

a) Project manager must have a Bachelor’s degree and at least three years of experience managing similar projects of this size in either the public or private sector, including overall administrative, supervisory managing authority and responsibility. It would be desirable for the project manager have experience working with or for programs and/or federally-recognized tribes.

b) Assistant Project Manager must have a Bachelor’s degree and at least 3 years of experience in managing and planning projects.

c) IT Support person must have experience developing and maintaining websites, databases and ensuring compliance with section 508.

The contractor will have background and knowledge of the structure and operations of the Government. The contractor will also have started and completed a minimum of three (3) projects of the magnitude of this project.

The contractor shall submit copies of resumes for all key personnel as an attachment. Qualifications of proposed key personnel will be assessed based on suitability for the type of work to be performed. Resumes submitted by the contractor will be reviewed to confirm that similar work experience is evident. The Government reserves the right to request replacement of any key personnel found to be unsuitable for the project.

The contractor will be required to conform with the Federal Information Security Management Act (FISMA) of 2002, adhere to minimum security requirements as defined in the Federal Information Processing Standard (FIPS) 200, the security controls as defined in the National Institute of Standards and Technology (NIST 800-53(rev3) while conducting security assessments in accordance with NIST 800-53-a (rev1) in addition, to HHS specific policies procedures, and practices.

Before authorization can be granted to any system, a series of documents must be developed in accordance with the system development life cycle (SDLC) to satisfy the minimum security requirements. The Documents that are required from the vendor include the system security plan, the Security test and evaluation plan and the Security assessment report (along with vulnerability scan results).

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service-Commercial Items)

FAR CITATION: 52.252-1: Solicitation Provision 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): http://arnet.gov/far/index.html.

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

http://arnet.gov/far/index.html

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

No. FAR Citation Clause Title Clause Date ____

1. 52.202-1 Definitions June 2020

2. 52.203-3 Gratuities April 1984

3. 52.203-7 Anti-Kickback Procedures June 2020

4. 52.203-12 Limitation on Payments to Influence Certain June 2020 Federal Transactions

5. 52.204-4 Printed or Copied Double-Sided on Postconsumer May 2011 Fiber Content Paper

6. 52.204-13 System for Award Management Maintenance October 2018

7. 52.204-7 System for Award Management October 2018

8. 52.204-9 Personal Identify Verification of Contractor January 2011 Personnel

9. 52.204-16 Commercial and Government Entity Code August 2020 Reporting

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

11. 52.204-19 Incorporation by Reference of Representations December 2014 and Certifications

12. 52.212-1 Instructions to Offerors-Commercial Items June 2020

13. 52.212-4 Contract Terms and Conditions-Commercial Items October 2018 Items

14. 52.217-5 Evaluation of Options July 1990

15. 52.217-8 Option to Extend Services November 1999

16. 52.224-1 Privacy Act Notification April 1984

17. 52.224-2 Privacy Act April 1984

18. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

19. 52.232-40 Providing Accelerated Payments to Small December 2013 http://arnet.gov/far/index.html http://arnet.gov/far/index.html

Business Subcontractors

20. 52.237-1 Site Visit April 1984

21. 52.237-2 Protection of Government Buildings, Equipment April 1984 and Vegetation

22. 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. 52.204-21 Basic Safeguarding of Covered Contractor June 2016 Information Systems

2. 52.204-24 Representation Regarding Certain Telecommun- October 2020 ications and Video Surveillance Services or Equip.

3. 52.209-5 Certification Regarding Responsibility Matters August 2020

4. 52.212-2 Evaluation-Commercial Items October 2014

5. 52.212-5 Contract Terms & Conditions Required to January 2021 Implement Statues or Executive Orders- Commercial Items

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

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

https://acquisition.gov/content/part-4-administrative-and-information-matters#i4_1903 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b)Safeguarding requirements and procedures.

(1)The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i)Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii)Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii)Verify and control/limit connections to and use of external information systems.

(iv)Control information posted or processed on publicly accessible information systems.

(v)Identify information system users, processes acting on behalf of users, or devices.

(vi)Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii)Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii)Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix)Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x)Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi)Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii)Identify, report, and correct information and information system flaws in a timely manner.

(xiii)Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv)Update malicious code protection mechanisms when new releases are available.

(xv)Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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— https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.sam.gov/

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

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

(ii) For covered services—

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

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

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

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

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

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

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

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

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial https://www.acquisition.gov/far/part-9#FAR_9_104_7 https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5 challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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

(2) Examples.

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

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

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

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

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

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

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

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

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

(End of provision)

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. Describe the vendor’s ability to describe or provide examples of previous virtual based conferences or on line learning symposiums that have been completed successfully in the past.

2. Describe the vendor’s ability to provide registration, technology and materials for conference.

3. Describe the vendor’s ability to ensure that proper and described communications will occur between the Great Plains Area Behavioral Health and vendor.

4. Describe the vendor’s ability to possess a unique knowledge of the issues faced by the GPABH programs. The vendor must be familiar with the specific needs of the diverse population of the Great Plains area. This could be demonstrated by describing who the vendor serves and the work that they do.

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

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

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items.

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

Offeror Representations and Certifications-Commercial Items (February 2021)

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;

(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 https://acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"— 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 veteransor, 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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.