RFQ-23-096 - Mat and Mop Services.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-23-096.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02/4-25-2023.

D. This RFQ is issued as 100% Small Business, and the associated NAICS Code is 812332, which has a small business standard of $41.5 Million Dollars.

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. Matting and Mop Services – total amount of all items requested $______________________.

F. To provide Matting and Mop Services for Pine Ridge IHS, Pine Ridge, South Dakota.

G. To be provided for Pine Ridge IHS, Pine Ridge, South Dakota, 57770. See Specifications attached and complete. The period of performance will be Date of Award through 1 year.

H. FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (March 2023).

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

1. Solicitation number RFQ-23-096.

2. Closing Date: May 15, 2023 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” factors determining the successful contractor. 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 prices.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of two subfactors:

1.) Meeting all areas under the “Statement of Work” and, 2.) Price.

1.) Shall provide the services stated in the Statement of Work.

2.) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Products and Commercial Services (December

2022) See attachment for full text. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (December 2022) –

See attachment; in by reference.

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

Products and Commercial Services (March 2023) - 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: Samantha Marcellais, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 Email: samantha.marcellais@ihs.gov

Any questions, please submit by May 10, 2023 by 12:00 pm CST.

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

STATEMENT OF WORK

SERVICE CONTRACT FOR MATTING AND DUST MOPS

INTRODUCTION

The Pine Ridge Service Unit in Pine Ridge, South Dakota is seeking to award a service contract to provide Matting and Dust Mop services for the Pine Ridge Hospital, Public Health Nursing building, Diabetes Building, Martin Health Clinic, Manderson Health Clinic, Kyle Health Center, Kyle Four

Directions, and Kyle Wellness Center. (Wanblee Health Center is excluded as they have their own contract with Suds & Duds that is base plus four option years.)

PERIOD OF PERFORMANCE

The period of performance is one (1) year from date of award.

SCOPE OF WORK

1. Contractor shall provide all equipment, supplies and material for this contract.

2. Contractor shall gather, deliver matting and dust‐mop heads on a weekly basis to the Pine

Ridge Hospital and Public Health Nursing Building, the Diabetes Building, and Martin

Health Clinic and Manderson Health Clinic, Kyle Health Center, Kyle Four Directions, and

Kyle Wellness Center as needed for the following:

Pine Ridge Hospital:

3 – 4x6 Mat ‐ ER Department

3 – 4x6 Mat ‐ Outpatient waiting area

2 – 4x6 Mat ‐ Dental entryways

2 – 4x8 Mat

4 – 5x10 Logo Mat IHSM#510 ‐ Front entryway & New Area

3 – 4x6 Mat

60 – 30” Dust Mop

60 – 24” Dust Mop

200 – MF Blue Wet Mops

Downstairs locations:

2 – 4x8 Mat

2 – 5x10 Logo Mat IHSM#510 ‐ Employee entryway & Loading Dock Back entryway

2 – 3x10 Mat/Dietary Department

3 – 4x6 Mat Business office – both doors and below stairway

Diabetes Prevention Building:

6 ‐ 3x10 Mat

Public Health Nursing Building:

1 ‐ 4x6 Mat

1 ‐ 4x8 Mat

Martin Clinic:

1 – 4x6 Mat

2 – 3x10 Mat

1 ‐ 5x10 Logo Mat IHSM#510

10 – 24” Dust Mop

Pine Ridge Hospital & Martin Clinic Mat and Mop Total (Every Week):

70 – 24” Dust Mop

60 ‐ 30” Dust mop

10 – 3x10 Mat

16 – 4x6 Mat

5 – 4x8 Mat

200 – MF Blue Wet Mop/Pine Ridge Service Unit

7 ‐ 5x10 Logo Mat

1‐ Laundry Bag Stand/Pine Ridge Service Unit

Manderson Clinic:

2 – 4x6 Mat

Kyle Health Center:

5 – 3x5 Mat G‐Green

10 – 3x10 Mat G‐Green

3 – 4x6 Mat G‐Green

12 – 24” Wet Mop

4 – 24” Dust Mop

8 – 30” Dust Mop

1 – Green Laundry Bag

Kyle Wellness Center:

2 – 4x8 Mat G‐Green

9 – 3x10 Mat G‐Green

2 – Wet Mop

Kyle Four Directions:

1 ‐ 3x5 Mat G‐Green

1 – 3x10 Mat G‐Green

2 – 4x6 Mat G‐Green

2 – Wet Mop

40 – Med White Bath Towels

10 – Biohazard Bags

Kyle Health Center, Kyle Wellness Center, Kyle Four Directions, Manderson Health

Clinic. Mat and Mop Total (Every Other Week):

4 – 24” Dust Mop

8 – 30” Dust Mop

6 – 3x5 Mat G‐Green

20 – 3x10 Mat G‐Green

7 ‐ 4x6 Mat G‐Green

2 – 4x8 Mat G‐Green

16 – Wet Mop

1 – Green Laundry Bag/ Kyle Health Center

40 – Med White Bath Towels/ Four Directions Center

10 ‐ Biohazard Bags/ Four Directions Center

Contractor shall comply with all Federal, State, Tribal rules and regulations, i.e. licenses, taxes, etc.; plus, all other costs pertinent to the performance of this service contract.

The Housekeeping Supervisor, or his/her designee shall monitor all work and that the distribution of materials is accurate, as stated on the invoice or contractor materials count.

SUBMITTALS:

Contractor shall provide proof of adequate insurance.

Contractor shall provide a letter of financial ability to fully complete this contract.

Contractor shall provide two (2) verifiable references.

The Government reserves the right to accept or reject services if the level of work is unsatisfactory.

PRICE SCHEDULE

GREAT PLAINS AREA INDIAN HEALTH SERVICE

Matting and Dust Mop Services

Firm Fixed-Price, Non-Personal Service for Weekly service (26 Weeks & 52 Weeks) for:

BASE YEAR: Every Other Week Services

ITEM # DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT COST TOTAL COST

1. Wet Mops 16 EA $ ___________ $ ___________

2. 24” Dust Mop 4 EA $ ___________ $ ___________

3. 30” Dust Mop 8 EA $ ___________ $ ___________

4. 3X5 Mat 6 EA $ ___________ $ ___________

5. 3X10 Mat 20 EA $ ___________ $ ___________

6. 4X6 Mat 7 EA $ ___________ $ ___________

7. 4X8 Mat 2 EA $ ___________ $ ___________

8. Med. Bath Towel 40 EA $ ___________ $ ___________

9. Laundry Bag 1 EA $ ___________ $ ___________

Sub-Total $ ___________

Environmental Surcharge

Energy

X 26 Weeks $ ___________

BASE YEAR: Every Week Services

ITEM # DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE

UNIT COST TOTAL COST

10. MF Blue Wet Mop

200 EA $ ___________ $ ___________

11. 24” Dust Mop 70 EA $ ___________ $ ___________

12. 30” Dust Mop 60 EA $ ___________ $ ___________

13. 3X10 Mat 10 EA $ ___________ $ ___________

14. 4X6 Mat 16 EA $ ___________ $ ___________

15. 4X8 Mat 5 EA $ ___________ $ ___________

16. 5X10 Logo 7 EA $ ___________ $ ___________

17. Laundry Bag Stand

1 EA $ ___________ $ ___________

Sub-Total $ ___________

Environmental

Energy

X 52 Weeks $ ___________

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed‐Price, Non‐Personal Service, Commercial)

FAR CITATION: 52.252‐2: Clauses Incorporated by Reference. (FEB 1998) 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. 52.204‐17 Ownership or Control of Offeror August 2020

6. 52.204‐18 Commercial and Government Entity Code August 2020 Maintenance

7. 52.204‐19 Incorporation by Reference of December 2014 Representations and Certifications

8. 52.212‐1 Instructions to Offerors – Commercial March 2023 Products and Commercial Services

9. 52.212‐4 Contract Terms and Conditions December 2022 ‐ Commercial Products and Commercial Services

10. 52.223‐1 Biobased Product Certification May 2012

11. 52.223‐2 Affirmative Procurement of Biobased September 2013 Products Under Service and Construction Contracts

12. 52.223‐3 Hazardous Materials Identification and February 2021 Material Safety Data

13. 52.223‐10 Waste Reduction Program May 2011

14. 52.223‐15 Energy Efficiency in Energy‐Consuming May 2020 Products

15. 52.223‐17 Affirmative Procurement of EPA‐designated August 2018 Items in Service and Construction Contracts

16. 52.232‐39 Unenforceability of Unauthorized Obligations June 2013

17. 52.232‐40 Providing Accelerated Payments to Small March 2023 Business Subcontractors

18. 52.237‐1 Site Visits April 1984

19. 52.237‐2 Protection of Government Buildings April 1984 Equipment, and Vegetation

20. 52.253‐1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

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

No. FAR Citation Clause Title Clause Date ____

1. 52.204‐24 Representation Regarding Certain November 2021 Telecommunications and Video Surveillance Services or Equipment

2. 52.212‐3 Offeror Representations and Certifications December 2022

Commercial Products and Commercial Services (See Attached)

3. 52.212‐5 Contract Terms and Conditions Required To March 2023 Implement Statues or Executive Orders – Commercial Products and Commercial Services (See attached)

4. 52.217‐8 Option to Extend the Services November 1999

5. 52.252‐1 Solicitation Provisions Incorporated by February 1998 Reference

6. 52.252‐2 Clauses Incorporated by Reference February 1998

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov

2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204‐26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212‐

3, Offeror Representations and Certifications‐Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204‐26, or in paragraph (v)(2)(ii) of the provision at 52.212‐3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

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

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

(ii) For covered services—

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

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

(End of provision)

52.217‐8 Option to Extend Services.

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

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.252‐1 Solicitation Provisions Incorporated by Reference.

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

Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

_____________________________________________ [Insert one or more Internet addresses]

(End of provision)

52.252‐2 Clauses Incorporated by Reference.

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

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

III. Department of Health and Human Services 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 352.232‐71 Electronic Submission of Payment Requests February 2022

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 352.237‐74 Non‐Discrimination in Service Delivery December 2015

352.226‐1 Indian Preference.

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 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)

352.232‐71 Electronic Submission of Payment Requests

As prescribed in HHSAR 352.232‐71, the contracting officer shall insert the following clauses:

Electronic Submission of Invoice Payment Requests (Feb 2022)

(a) Definitions. As used in this clause Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), Content of Invoices and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system.

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

352.237‐70 Pro‐Children Act.

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

Pro‐Children Act (December 18, 2015)

(a) Public Law 103‐227, Title X, Part C, also known as the Pro‐Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided.

The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all subcontracts awarded under this contract for the specified children's services.

Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of clause)

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

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

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

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

(b) The Act designates “covered professionals” as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term “child abuse” as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted.

For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1‐800‐4‐A‐CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of clause)

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 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)

352.237‐74 Non‐Discrimination in Service Delivery.

As prescribed in HHSAR 337.103(e), the Contracting Officer shall insert the following clause in solicitations and contracts:

Non‐Discrimination In Service Delivery (DEC 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non‐merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub‐contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub‐contractor staff, is made aware of, understands, and complies with this policy.

(End of clause)

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