RFQ-21-102.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-21-102.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.

D. This RFQ is issued as 100% Small Business and the associated NAICS Code is 812320, which has a small business standard of $6.0.

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: July 1, 2021 thru June 30, 2022: totaling $____________.

2. Option Year 1: July 1, 2022 thru June 30, 2023: totaling $____________.

3. Option Year 2: July 1, 2023 thru June 30, 2024: totaling $____________.

4. Option Year 3: July 1, 2024 thru June 30, 2025: totaling $____________.

5. Option Year 4: July 1, 2025 thru June 30, 2026: totaling $____________.

F. To obtain Laundry Services.

G. Services will be provided at the Woodrow Wilson Keeble Memorial Health Care Center (WWKMHCC), 100 Lake Traverse

Drive, Sisseton, South Dakota, 57262. The period of performance will be July 1, 2021 thru June 30, 2022, Base plus Four Option Years.

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (October 2018).

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

1. Solicitation number RFQ-21-102.

2. Closing Date: June 23 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 all areas 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.

• Proof of Liability Insurance.

• Safety Data Sheet (SDS) 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 (February 2021) 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.sam.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 (January 2021) - See attachment for full text.

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

N. 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 June 18 by 12:00 pm CST.

Contractors will need a DUNS number, TIN number, and be registered with www.sam.gov.

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

PRICE SCHEDULE

SISSETON INDIAN HEALTH SERVICE

LAUNDRY SERVICES

Firm Fixed-Price, Non-Personal Service Type, Purchase Order

BASE YEAR:

ITEM # DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Mops 10,000 LBS

2. Rough, Dry, Flats, and Finish

10,000 LBS

Sub-Total

OPTION YEAR ONE (1):

UNIT OF

ISSUE

UNIT COST TOTAL COST

Flats, and Finish

OPTION YEAR TWO (2):

UNIT OF

ISSUE

UNIT COST TOTAL COST

Flats, and Finish

OPTION YEAR THREE (3):

UNIT OF

ISSUE

UNIT COST TOTAL COST

Flats, and Finish

OPTION YEAR FOUR (4):

UNIT OF

ISSUE

UNIT COST TOTAL COST

Flats, and Finish

GRAND TOTAL

FOR BASE + ALL FOUR (4) OPTION YEARS: $ ________________

WOODROW WILSON KEEBLE MEMORIAL HEALTH CARE CENTER

SISSETON INDIAN HEALTH SERVICE

STATEMENT OF WORK

LAUNDRY/LINEN SERVICES

Background:

The Mission of the Woodrow Wilson Keeble Memorial Health Care Center (WWKMHCC) - Indian Health Service (IHS) is to provide the best possible healthcare services to the Native American population on the Sisseton- Wahpeton Oyate of the Lake Traverse Reservation. To meet this mission, the WWKMHCC - IHS has identified a need for a Non-Personal Service Contract for Laundry/Linen services.

Purpose:

The Contractor, within the limits of their qualifications, shall perform a full range of laundry/linen services. The commercial laundry service operator, who is awarded the Federal Government laundry contract for the WWKMHCC – IHS, 100 Lake Traverse Drive, Sisseton, SD 57262; is responsible for meeting all aspects of the contract specifications,: i.e., soiled linen pickup, transport, laundry plant linen processing operations, packaging and packing and delivery of clean processed linen.

Period of Performance: 07/01/2021 – 06/30/2022 plus Four (4) Option Years.

1. Quality of Work: Laundering will be done in accordance with accepted standards of Accreditation Agency used by WWKMHCC – IHS with the Joint Commission (JC) or Accreditation Association for Ambulatory Health Care (AAAHC).

2. Collection and Deliveries: Collections and deliveries are required at least two (2) times a week. The collection and delivery schedule shall be coordinated with the Facilities Manager or his/her designated representative.

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

b. Deliveries will be made directly to the clinic by the contractor/representative in closed laundry vehicle. Deliveries by commercial conveyance are not acceptable. All rough and flat work shall be packed (by type of garment and item) in clear plastic wrapping and sealed by the heat or pressure method and handled in such manner as to prevent contamination. ALL clean, washed, and dried laundry shall be packed in new, clean plastic wrapping for transportation to the clinic.

A representative of WWKMHCC-IHS will receipt for all articles delivered by the contractor, noting any damages or shortages at time of delivery.

3. Processing: WWKMHCC – IHS laundry shall be processed separately from other customer laundry as a separate lot. All uniforms shall be washed separately. All rough flat work shall be properly sorted by type of garment, item, and color, prior to washing. All rough dry shall be neatly folded and smoothed by hand when hot to eliminate wrinkles. Bleach shall be added when laundering the mops.

4. Infectious Disease linen: WWKMHCC – IHS will bag linens from infectious disease (isolation linen) cases separately from other linens into white bags labeled appropriately or marked “INFECTIOUS DISEASE LINEN”. Infectious disease linen (isolation linen) should not be sorted before it is washed.

Preferably, a water soluble inner bag is deposited directly into the washer. Sorting is accomplished after processing. Flat work, dry cleaning, or finish should be indicated on an attached label, if applicable.

5. Test Piece Analysis:

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

B. Tensile strength and whiteness retention measurement of twenty (20) washing in accordance with methods of American Institute of Laundering.

C. The washing procedures shall meet the following standards of tensile strength loss and whitening retention:

TENSILE STRENGTH LOSS WHITENING RETENTION

A – Not over 5% - Excellent A – 95% or higher – Excellent B – 6% to 10% - Good B – 92% to 96% - Good

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

Basic processing steps should include the following components:

A. An initial flush A cool water flush, or split (half cold and half hot water), shall be utilized initially to prevent setting of certain stains.

B. Sudsing stages (4 stages minimum)

The principal washing action is achieved during the detergent sudsing stages. The maximum temperature range should be between 150 degrees Fahrenheit and 170 degrees Fahrenheit. A water temperature above 71 degrees centigrade (160 degrees Fahrenheit) for 25 minutes will destroy practically all micro-organisms except spores.

Bleach is commonly added after the last sudsing stage. Chlorine (approximately 100ppm) is most commonly used for this purpose.

C. Rinsing stage (4 stages minimum)

High temperature rinsing (165 degrees Fahrenheit to 170 degrees Fahrenheit) normally follows the sudsing stages. A sour shall be added after the final rinse to remove traces of detergent. The sour abruptly reduces the PH from about 10.0 to 5.0 and thus aids in reduction of micro-organisms.

D. Fluff drying

Twenty (20) minutes at 165 degrees Fahrenheit. No softeners are to be used on Mops.

E. Ironing

In a laundry press or a flatwork ironer of approximately 100 pounds of steam pressure (or 130 degrees Fahrenheit) ironing will significantly reduce the numbers of micro-organisms.

7. Clean linen storage: Final folding and storage should be accomplished in a separate room. Items stored should preferably be placed in enclosed carts or on enclosed carts or on closed or covered linen shelves. A sewing and repair operation may be included in this area.

8. Contractor’s facilities – Sanitary inspection

1. The Government reserves the right to have the contractor’s facilities inspected at all reasonable times during the performance of this contract. If an inspection reveals the existence of unsanitary conditions the contractor shall be requested, in writing, by the Contracting Officer, to correct such conditions.

LAUNDRY CLASSIFICATION CHART

ROUGH DRY

Bath towels; Hamper bags; Flannel blankets; Woolen blankets; Hamper bags isolation; Mattress pads, quilted; Pants, training, and Wash cloths.

FLATWORK

Bedspreads; Rags; Central supply; Hospital gowns*; Caps (surgeons & nurses); Circ drapes; Pillow cases; Sheets;

Gowns surgeon*; Scrub suits*; Sheets; and Face towels (small).

FINISH WORK

Doctor’s lab coat; Dental & pharmacy smocks; X-ray coats; and Uniforms/scrubs

MOPS

1. Dust mops 2. Wet mops

Damages or shortages: Incoming processed laundry will be weighed by a designated IHS employee in the presence of the laundry representative. Any damages and/or shortages will be noted on the receipt given to the contractor. The laundry representative will acknowledge these damages and/or shortages by signature on the receipt. Articles lost or damaged while in the contractor’s possession must be immediately replaced in kind. In the event replacement is not made, deductions shall be made from payment due the contractor for damaged or lost linen.

9. Designation of Contracting Officer’s Representative (COR): The person identified below is hereby designated as the COR for this contract. The responsibility of the COR (or his duly representative) is to ensure that the Government technical objectives are met. The COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to the contract.

Ross Torgerson, Admin. Support Assistant Woodrow Wilson Keeble Memorial Health Care Center Indian Health Service 100 Lake Traverse Drive Sisseton, SD 57262 Phone: (605) 742-3841 Fax: (605) 742-3896

10. Basis of payment: A purchase order will be used for these services. Payment will be made at the bid price per pound on the basis of laundry weight. The Contractor shall submit a monthly invoice for services rendered, and send it to:

GREAT PLAINS AREA INDIAN HEALTH SERVICE

ATTN: FINANCE DEPARTMENT

ROOM 309 FEDERAL BUILDING

115 4th AVENUE SOUTH EAST

ABERDEEN, SD 57401

THE ORIGINAL INVOICE MUST INCLUDE THE FOLLOWING INFORMATION FOR THE PAYMENT

PROCESS:

1. Name

2. Mailing Address

3. Telephone Number

4. Tax Identification Number (TIN)

5. DUNS (Data Universal Numbering System) Number

6. Purchase Order Number (in Block #3 of the OF-347)

7. Invoice Date

8. Invoice Number

9. Invoice Description of Services Provided: Quantity, Unit Issue, Unit Price, and Total Amount Due

PLEASE SEND A COPY OF THE INVOICE TO:

Woodrow Wilson Keeble Memorial Health Care Center

Indian Health Service ATTN: Property & Supply 100 Lake Traverse Drive Sisseton, SD 57262

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 2018

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

3. 52.204-13 System for Award Management Maintenance October 2018

4. 52.204-16 Commercial and Government Entity Code August 2020 Reporting

5. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

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

7. 52.211-17 Delivery of Excess Quantities September 1989

8. 52.212-1 Instructions to Offerors – Commercial Items June 2020

9. 52.212-4 Contract Terms and Conditions – October 2018 Commercial Items

11. 52.217-5 Evaluation of Options July 1990

12. 52.223-1 Biobased Product Certification May 2012

13. 52.223-2 Affirmative Procurement of Biobased Products September 2013 Under Service and Construction Contracts

14. 52.223-3 Hazardous Material Identification and Material February 2021

Safety Data

15. 52.223-10 Waste Reduction Program May 2011

17. 52.223-17 Affirmative Procurement of EPA – designated August 2018 Items in Service and Construction Contracts

18. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

19. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

20. 52.237-1 Site Visit April 1984

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

22. 52.247-34 F.o.b. Destination November 1991

23. 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. 52.212-3 Offeror Representations and Certifications - February 2021 Commercial Items (see attached)

2. 52.212-5 Contract Terms and Conditions Required to January 2021 Implement Statutes or Executive Orders - Commercial Items (see attached)

3. 52.217-8 Option to Extend Services November 1999

4. 52.217-9 Option to Extend the Term of the Contract March 2000

5. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

6. 52.252-1 Solicitation Provisions Incorporated by Reference February 1998

7. 52.252-2 Clauses Incorporated by Reference February 1998

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)

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175

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 _5 years/6 months__________ .

(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 _June 30, 2022_. 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 _6/30/2022____, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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) 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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103

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 352.226-2 Indian Preference Program December 2015

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

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

5. HHSAR 352.237-72 Crime Control Act – Requiremetn for December 2015 Background Checks

6. HHSAR 352.237-73 Indian Child Protection and Family December 2015 Violence Act

352.226-1 Indian Preference.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P98_14103

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

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 http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-326-other-socioeconomic-programs/index.html#326.505 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)

352.226-2 Indian Preference Program.

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

Indian Preference Program (December 18, 2015)

(a) In addition to the requirements of the clause of this contract entitled “Indian Preference,” the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. In this connection, the Contractor shall perform the following:

(1) Designate a liaison officer who will maintain liaison with the Government and the Tribe(s) on Indian preference matters; supervise compliance with the provisions of this clause; and administer the Contractor’s Indian preference program.

(2) Advise its recruitment sources in writing and include a statement in all employment advertisements that Indian applicants receive preference in employment and training incident to such employment.

(3) Not more than 20 calendar days after award of the contract, post a written notice setting forth the Contractor’s employment needs and related training opportunities in the tribal office of any reservations on or near the contract work location. The notice shall include the approximate numbers and types of employees needed; the approximate dates of employment; any experience or special skills required for employment; training opportunities available; and other pertinent information necessary to advise prospective employees of any other employment requirements. The Contractor shall also request the tribe(s) on or near whose reservation(s) the Contractor will perform contract work to provide assistance filling its employment needs and training opportunities. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the posting of notices and requests for Tribal assistance.

(4) Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as subcontractors (including suppliers) under this contract.

The Contractor shall give public notice of existing subcontracting opportunities and, to the extent feasible and consistent with the efficient performance of this contract, shall solicit bids or proposals from Indian organizations or Indian-owned economic enterprises only. The Contractor shall request assistance and information on Indian firms qualified as subcontractors (including suppliers) from the http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614

Tribe(s) on or near whose reservation(s) the Contractor will perform contract work. The Contracting Officer will advise the Contractor of the name, location, and phone number of the Tribal officials to contact regarding the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including—

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

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

450e(b);

(iii) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” prescribed under the “Indian Preference” clause of this contract;

(iv) A statement that the bidder or offeror shall complete certifying that it is an Indian organization or Indian-owned economic enterprise; and

(v) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If, after soliciting bids or proposals from Indian organizations and Indian-owned economic enterprises, the Contractor receives no responsive bid or acceptable proposal, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract. If the Contractor receives one or more responsive bids or conforming proposals, the Contractor shall award the contract to the low, responsive, responsible bidder or conforming offer from a responsible offeror if the price is reasonable. If the Contractor determines the low responsive bid or conforming proposal’s price is unreasonable, the Contractor shall attempt to negotiate a reasonable price and award a subcontract. If parties cannot agree on a reasonable price, the Contractor shall comply with the requirements of paragraph (d) of the “Indian Preference” clause of this contract.

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

(i) The numbers of Indians seeking employment for each employment position available under this contract;

(ii) The number and types of positions filled by Indians and non-Indians;

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

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

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

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

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

(6) Submit to the Contracting Officer for approval a quarterly report summarizing the Contractor’s Indian preference program and indicating the number and types of available positions filled by Indians and non-Indians, and the dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises, and to all other firms.

(7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation.

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

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

(2) Indian reservation includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

(3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day.

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

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

(e) In the event 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) http://farsite.hill.af.mil/reghtml/regs/other/hhsar/337.htm#P4_128

(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 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, http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-337-service-contracting-general/index.html#337.103 the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

352.237-72 Crime Control Act—Requirement for Background Checks.

As prescribed in

HHSAR 337.103(d)(3), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Requirement for Background Checks (December 18, 2015)

(a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. “Child care services” include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services listed above.

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

(c) 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)

352.237-73 Indian Child Protection and Family Violence Act.

As prescribed in

HHSAR 337.103(d)(4) the Contracting Officer shall insert the following clause:

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

(a) This contract is subject to the Indian Child Protection and Family Violence Act, Pub. L. 101-630 (25 U.S.C. 3201 et seq.) The duties and responsibilities required by this contract may involve regular contact with or control over Indian children. Pub. L. 101-630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted of any crime of violence. Any such conviction should immediately be brought to the attention of the Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Human https://www.acquisition.gov/hhsar/hhsar-part-337%E2%80%94service-contracting%E2%80%94general#P4_128 https://www.acquisition.gov/hhsar/hhsar-part-337%E2%80%94service-contracting%E2%80%94general#P4_128

Resources. Until such time as the contractor has been notified of completion of the investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer.

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

(End of clause)

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 (FEB 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;

https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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…